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Next, you must consider the proportions. To take long extracts and attach short comments may be unfair. But, short extracts and long comments may be fair. Other considerations may come to mind also. But, after all is said and done, it must be a matter of impression. As with fair comment in the law of libel, so with fair dealing in the law of ...
Canadian law. 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.
CCH Canadian Ltd v Law Society of Upper Canada, [2004] 1 SCR 339, [2] 2004 SCC 13, is a landmark Supreme Court of Canada case that established the threshold of originality and the bounds of fair dealing in Canadian copyright law. A group of publishers sued the Law Society of Upper Canada for copyright infringement for providing photocopy ...
Section 35(1) states that an infringer is liable for the financial gain made through infringement, and "such damages to the owner of the copyright as the owner has suffered due to the infringement" [32] A copyright holder can instead elect to protect his/her copyright under section 38.1, which allows for "a sum of not less than $100 or more ...
Acuff-Rose Music, Inc., 510 U.S. 569 (1994), was a United States Supreme Court copyright law case that established that a commercial parody can qualify as fair use. [1] This case established that the fact that money is made by a work does not make it impossible for fair use to apply; it is merely one of the components of a fair use analysis.
The ideas and facts vs. expression distinction in Canadian copyright law is essentially the same as that in the United States. The basic notion is that although a copyright may be present in a work it is not present in the underlying ideas. Case law in Canada. For example, in the early case of Deeks v.
York's counterclaim with respect to the Federal Court's fair dealing analysis was dismissed "on the basis that its Guidelines do not ensure that copying which comes within their terms is fair dealing", noting that "York has not shown that the Federal Court erred in law in its understanding of the relevant factors or that it fell into palpable ...
The Court applied the test for fair dealing set out in CCH Canadian Ltd. v. Law Society of Upper Canada, [2004] 1 SCR 339. It reaffirmed that fair dealing must not be interpreted restrictively, because allowing users to engage in some activities that would otherwise constitute copyright infringement supports the achievement of the proper ...