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Any book published in London would therefore be protected by copyright law in the entire British Empire, including Canada. [4] The 1842 Act had an immediate impact on Canada and became infamous because it effectively prohibited the importation and sale of reprints of any book under British copyright printed in other countries.
Canadian copyright law sets out rules which determine who is to be the first owner of the copyright for a new copyright-able work. The rules cover different groups of people such as the authors of the work, employees who create works in the course of their employment, independent contractors who create works under contracts for services, and ...
The music industry created a loophole in Canadian copyright laws when it asked for a levy on blank audio media. Since 1999, these private copying levies [ 20 ] on blank audio recording media (such as audio cassettes, CDs and CD-Rs) have raised millions of dollars for songwriters, recording artists, music publishers and record companies who ...
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 .
The intent was to give copyright holders a complete monopolistic control over the reproduction of their works. However, the courts were almost immediately flooded by lawsuits by publishers unhappy with negative book reviews that included even a single quote of a work and the courts recognized that the statutes were untenable.
The scènes à faire doctrine has been applied in Canada in Preston v. 20th Century Fox Ltd., where the plaintiff argued that the popular Star Wars franchise allegedly copied the Ewoks from his 1978 literary work titled Space Pets.
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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 ...