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Criticism and review involve analyzing and judging merit or quality. The dealing may even be defamatory while remaining a fair dealing. [31] The key is that fairness relates to the extent, rather than the content, of the copying.
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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.
In other words, a better and more simple answer ought to be found in contract law instead of copyright law. [22] Therefore, it seems that there is room for uncertainty and debate on the topic of ownership in complex works such as compilations. In Robertson v. Thomson Corp., the Supreme Court of Canada issued an opinion in relation to these ...
In order to maintain the proper balance between the rights of copyright owners and user’s interest, it must not be interpreted restrictively. [18] It is also integral to the Act, and the defence is always available. [18] The Court gave a two-stage test for determining whether fair dealing applies:
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.
Canadian property law, or property law in Canada, is the body of law concerning the rights of individuals over land, objects, and expression within Canada. It encompasses personal property, real property, and intellectual property. The laws vary between local municipal levels, up to provincial and then a countrywide federal level of government.
The interplay of copyright law and competition law is increasingly important in the digital world, as most countries' laws allow private contracts to over-ride copyright law. Given that copyright law creates a legally sanctioned monopoly, balanced by "limitations and exceptions" that allow access without the permission of the copyright holder ...