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It is unclear to what extent British copyright law, or imperial law, starting with the 1709 Statute of Anne, applied to its colonies (including Canada), [1] but the House of Lords had ruled in 1774, in Donaldson v Beckett, that copyright was a creation of statute and could be limited in its duration.
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.
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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]
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]
It collects revenues from licensed Canadian businesses, government, schools, libraries, and other copyright users for the photocopying of print works and distributes those monies to the rightsholders, such as publishers and authors from Canada and around the world.
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The Act's anti-circumvention provisions have been called "the most restrictive in the world" [3] and student groups compared it to the controversial Stop Online Piracy Act that was proposed in the United States. Ottawa lawyer Kathleen Simmons stated "If we take out the digital lock provisions, the bill appears to be very balanced.