Marginal note: Identity of author commonly known. Marginal note: Anonymous and pseudonymous works of joint authorship. Marginal note: Term of copyright in posthumous works.
Marginal note: Application of subsection 1. Marginal note: Nationals of other countries. However, if the cinematographic work or the compilation is published before the copyright expires, the copyright continues until the earlier of the end of 75 years following the end of the calendar year in which the first publication occurs and years following the end of the calendar year in which the cinematographic work or the compilation was made.
Marginal note: Where copyright belongs to Her Majesty. Marginal note: Work made in the course of employment. Marginal note: Ownership in case of partial assignment. Marginal note: Assignment of right of action. Marginal note: Limitation where author is first owner of copyright. Marginal note: No assignment of moral rights. A if a natural person, was a Canadian citizen or permanent resident within the meaning of subsection 2 1 of the Immigration and Refugee Protection Act , or a citizen or permanent resident of a Rome Convention country, or.
B if a corporation, had its headquarters in Canada or in a Rome Convention country, or. A was a Canadian citizen or permanent resident as defined in subsection 2 1 of the Immigration and Refugee Protection Act , in the case of a natural person, or. B had its headquarters in Canada, in the case of a corporation, or. A was a citizen or permanent resident of a WPPT country, in the case of a natural person, or. B had its headquarters in a WPPT country, in the case of a corporation, or. Marginal note: Application of subsection 2.
Marginal note: Copyright in sound recordings. Marginal note: Right to remuneration — Canada. Marginal note: Right to remuneration — Rome Convention country.
Marginal note: Conditions — Rome Convention country. Marginal note: Exception — Rome Convention country. Marginal note: Copyright in communication signals. Marginal note: Term of copyright — sound recording. However, if the sound recording is published before the copyright expires, the copyright continues until the earlier of the end of 75 years after the end of the calendar year in which the first publication of the sound recording occurs and the end of years after the end of the calendar year in which that first fixation occurs.
Marginal note: Term of copyright — communication signal. Marginal note: Term of right to remuneration. Marginal note: Application of subsections 1 to 2. Marginal note: Where term of protection expired. Marginal note: Secondary infringement related to lesson. Marginal note: Infringement — provision of services. Marginal note: Public performance for profit. Marginal note: Nature of right of integrity. Marginal note: When work not distorted, etc. Marginal note: Research, private study, etc.
Marginal note: Non-commercial user-generated content. Marginal note: Reproduction for private purposes. Marginal note: Meaning of medium or device. Marginal note: Limitation — audio recording medium. Marginal note: Limitation — destruction of reproductions. Marginal note: Reproduction for later listening or viewing. Marginal note: Backup copy becomes source copy. Marginal note: Reproduction for instruction. Marginal note: Reproduction for examinations, etc. Marginal note: If work commercially available.
Marginal note: Meaning of lesson. Marginal note: Communication by telecommunication. Marginal note: Participation by telecommunication. However, the student shall destroy the reproduction within 30 days after the day on which the students who are enrolled in the course to which the lesson relates have received their final course evaluations.
Marginal note: Exception — digital reproduction of works. Marginal note: Maximum amount that may be recovered. Marginal note: Royalties — digital reproduction agreement. Marginal note: Work available through Internet. Marginal note: Management and maintenance of collection. Marginal note: Destruction of intermediate copies. Marginal note: Copies of articles for research, etc.
Marginal note: Patrons of other libraries, etc. Marginal note: Limitation regarding copies in digital form. Marginal note: Copying works deposited in archive.
Marginal note: Conditions for copying of works. Marginal note: Condition for providing copy. Marginal note: No infringement by educational institution, etc. Marginal note: Agreement with copyright owner. Marginal note: Application to libraries, etc. Marginal note: Interoperability of computer programs. Marginal note: Right of access by copyright owners. Marginal note: Definition of official archive. Marginal note: Telecommunications by networks. Marginal note: Definition of programming undertaking.
The undertaking must hold a broadcasting licence issued by the Canadian Radio-television and Telecommunications Commission under the Broadcasting Act , or be exempted from this requirement by the Canadian Radio-television and Telecommunications Commission.
Marginal note: Ephemeral recordings — broadcasting undertaking. Marginal note: Definition of broadcasting undertaking. Marginal note: Retransmission of local and distant signals. Marginal note: Reproduction in alternate format. The owner of the copyright bears the burden of demonstrating that the work or other subject-matter, in the format described in subsection 2 , is available, and may be located, as described in that subsection.
Marginal note: Not Marrakesh Treaty country. Marginal note: If copyright owner cannot be located. Marginal note: Definition of non-profit organization. Marginal note: Destruction of fixation or copy. Marginal note: No right to equitable remuneration. Marginal note: Certain rights and interests protected.
Marginal note: Meaning of application. Marginal note: Presumptions respecting copyright and ownership. Marginal note: Recovery of possession of copies, plates. Marginal note: Notice to interested persons. Marginal note: Circumstances court to consider. Marginal note: Infringement of subsection 27 2.
Marginal note: Infringements not involved in proceedings. Marginal note: If defendant unaware of infringement. If they make the election, the collective society or copyright owner may only recover, in lieu of any other remedy of a monetary nature provided by this Act, an award of statutory damages in respect of such acts in a sum of not less than three and not more than ten times the amount of the applicable royalties, as the court considers just.
Marginal note: Acts for the purposes of subsection 4. Marginal note: Exemplary or punitive damages not affected. Marginal note: Agreements with more than one collective society.
Marginal note: Injunction only remedy when defendant not aware of copyright. Marginal note: Exception where copyright registered. Marginal note: No injunction in case of a building. Marginal note: Certain remedies inapplicable.
Marginal note: Circumvention of technological protection measure. Marginal note: Services, technology, device or component. Marginal note: Law enforcement and national security.
Marginal note: Technology, device or component. Marginal note: Persons with perceptual disabilities. Marginal note: Services or technology, device or component. The regulations may prescribe the manner in which, and the time within which, access is to be provided, as well as any conditions that the owner of the copyright is to comply with.
Marginal note: Prohibition — rights management information. Marginal note: Removal or alteration of rights management information. Marginal note: Definition of rights management information. Marginal note: Protection of separate rights. Marginal note: Copyright owner to be made party. Marginal note: Apportionment of damages, profits. Marginal note: Concurrent jurisdiction of Federal Court.
Marginal note: Notice of claimed infringement. Marginal note: Obligations related to notice. If no maximum is fixed by regulation, the person may not charge any amount under that subsection. The costs are modest. A copyright registration provides presumptions in litigation that the authorship and ownership set out in the registration are accurate.
For software that is sold or licensed, a copyright registration has great value. To qualify for copyright protection a work must have originated from the author, not be copied, and must be the product of the exercise of skill and judgment that is more than trivial. It has long been recognized that computer software may be protected by copyright. The Harmony case provides a useful guide to the parameters of that protection.
In considering the boundaries of originality, the Court found that computer programming that is dictated by the operating system or reflects common programming practices is not original expression and will not receive copyright protection.
Also, to the extent a user of software imports data into the program, the author of the software does not own copyright in the underlying data. A significant issue in the Harmony case was ongoing modifications or fixes that were made over time.
On the particular facts, the fixes were simple mechanical amendments that allowed the software to function in the manner originally intended. Many of the changes were dictated by the Microsoft Access program and functionality. As such, it was held that the fixes were not original and no copyright attached to them. This underscores the need for a comprehensive license agreement. To the extent there are elements in a software package that cannot be protected by copyright, a license agreement can be used to restrain further use after the business relationship is concluded.
The Federal Court lacks jurisdiction to hear breach of contract matters. Given the Federal Court's inability to enforce contractual terms, it would not be surprising to see similar cases brought in the provincial courts, where copyright and contractual issues can be presented concurrently.
In brief, there is infringement where a defendant copies all or a substantial part of a copyrighted work. These rights can be separate from contractual rights in a license agreement.
Harmony argued that because there was a breach of the license agreements, there must also be infringement of copyright. This argument was rejected. The court held that copyright infringement does not arise out of a breach of contract alone.
On the facts of this case, the computer equipment located at Foss Transport was a Citrix server. There was only one copy of the software on the server. Since continued use of the software did not require copies being made for individual terminals, use of the program, without more, on a Citrix server did not constitute copyright infringement.
Similarly, exceeding the number of permitted users was not an infringement of copyright. This may have been a breach of the license, but that would only constitute a breach of contract. The Court also found that opening a file, making modifications and then saving that file does not make a reproduction as defined in the Copyright Act , and was not an infringement. Decompiling was also considered. Using Microsoft Access was a means to allow a user or programmer to see the programming.
The court held that there is no copyright infringement in looking at the programming. To fully protect software and other copyrighted works, the importance of contemporaneous assignment documents cannot be understated. A copyright registration is a prudent step in many cases for software and other creative works that are commercialized.
A well-drafted license should be used when commercializing software to create contractual rights, since copyright may not automatically apply to all software updates and uses. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. All Rights Reserved. Password Passwords are Case Sensitive.
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Intellectual Property. Canada: Copyright and Computer Software. Trent Horne. Your LinkedIn Connections with the authors. To print this article, all you need is to be registered or login on Mondaq.
Background In early , Foss Transport wanted to update and modernize its dispatching and invoicing programs. Ownership, Assignments and Registration There was no dispute that Mr. What is Protected by Copyright?
Infringement In brief, there is infringement where a defendant copies all or a substantial part of a copyrighted work.
Conclusion To fully protect software and other copyrighted works, the importance of contemporaneous assignment documents cannot be understated. What's In A Name? A geographical indication of origin GI is a type of intellectual property defined in the Trademarks Act. GI refers to a name, sign or other indication used to identify a wine, spirit A recent decision of the Quebec Court of Appeal illustrates the rather unexpected ways that the Trademarks Actcan apply to comparative advertising. YouTube, the second most visited website in the world after only its parent, Google , is currently facing a lawsuit regarding the company's copyright protection program.
Canada's recently appointed Minister of Health, the Honourable Jean-Yves Duclos, just announced the deferral of the coming into force of recent amendments to the Patented Medicines Regulations Could Siri Be An Inventor? Siskinds LLP. You've probably asked Siri lots of questions, like "what's the weather outside? In Janssen Inc. Sandoz Canada Inc.
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