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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 ...
The extension of Canada's copyright term to life plus 70 years was formalized via ... and infringement can occur when subsequent audiovisual works use their ...
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S. 27(1): Infringement Generally: It is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that by this Act only the owner of the copyright has the right to do. [3] S. 3.
Compulsory licensing laws generally say that for certain uses of certain works, no infringement occurs as long as a royalty, at a rate determined by law rather than private negotiation, is paid to the copyright owner or representative copyright collective. Some fair dealing laws, such as Canada's, include similar royalty requirements. [63]
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 is unclear whether an infringement would have been found if a second copy of the poster had been made. Metaphorical reproduction or translation (ex. from book to film) may constitute reproduction, but in this case, a paper-to-canvas translation does not. The image contained on the original poster was physically removed from one substrate ...
Fixation in Canadian copyright law is a threshold consideration that must be used in copyright infringement cases by courts to determine if copyright actually exists. In Canada , a work "must be expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance" [ 1 ] to be subject ...