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The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921.
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While most areas of Canadian intellectual property law are within the purview of Parliament and the Federal government, the Supreme Court of Canada ruled in MacDonald v. Vapor Canada Ltd. that civil remedies pertaining to trade secrets fall within the provincial power over property and civil rights. [12]
The exclusion of the work authored by freelancers from the rule in section 13(3) is not so much an exception from the rule as an application of the rule, because freelancers are not deemed to be employees under contracts of service.
4. A single copy of a short excerpt from a copyright-protected work may be provided or communicated to each student enrolled in a class or course: a) as a class handout; b) as a posting to a learning or course management system (e.g. Moodle or Quickr) that is password protected or otherwise restricted to students of the university; or
Intellectual property law in Canada; Limitations on copyrightability in Canadian copyright law; Manitoba archaeological regulations; Moral rights in copyright law in Canada; New Brunswick Environmental and Heritage Acts; Nova Scotia Environmental and Heritage Acts; Novelty and non-obviousness in Canadian patent law; Originality in Canadian ...
When the Coalition opposed the scheme, Access Canada applied to the Board for a proposed tariff. [2] Although the copies made at the teachers' initiative for student instruction fell under the allowable purpose of "research or private study", the Board concluded that they did not constitute fair dealing and were therefore subject to a royalty. [3]
Where there is direct evidence or an admission, there will be no question about copying but without these giveaways, it can be very difficult to prove copying. If courts look at two works and find that there is substantial similarity between them and there is proof the alleged copier had access to the ‘original’ work, copying will be presumed.