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Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use ...
Kalpakian(which concerned the infringement of certain bee shaped jewellery that in the United States that there are occasions where the expression of the idea merges with the idea itself such that the expression cannot be the subject of copyright) "[4] that merger doctrine in an integral element of the copyright regime. In Canada the Delrina ...
CCH Canadian Ltd v Law Society of Upper Canada, [17] expanded upon that, with the Supreme Court of Canada holding that fair dealing, as well as related exceptions, is a user’s right. In order to maintain the proper balance between the rights of copyright owners and user’s interest, it must not be interpreted restrictively. [ 18 ]
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The second stage of the fair dealing analysis requires a determination, with the guidance of six factors from CCH, of whether the use of the previews was fair. As these six factors demonstrated that the use of online previews of musical works was fair, the Court found that the second stage of the test for fair dealing was also satisfied. [17]
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]
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Section 28.1 and Section 28.2 lay out the definition of moral rights infringement. Infringement includes any act or omission that is contrary to the moral rights of the author in general.