Bid rigging Marine Hose Cartel This case involved price fixing, bid rigging and market sharing by four foreign companies that supplied rubber hosing to transfer oil and gas from production and storage facilities to offshore tankers.
Authorship and ownership in copyright law in Canada A work must be original and can include literary, dramatic, musical and artistic works or compilations.
Copyright is granted the moment the work is created and does not distinguish work of a professional or that of an amateur.
There is also no distinction between for profit or commercial use or for hobby purposes. Literary work includes anything that is written, such as speeches, essays and books and may be in any form. However, a short string of words or spontaneous speech is not covered.
Dramatic works include the characters, scenes, choreography, cinematography, relationship between characters, dialogue and dramatic expression.
Artistic works include sculptures, paintings, photographs, charts and engravings. Musical works include any musical compositions with or without words.
Unexpressed ideas are not protected work. In such a cases, the employer retains ownership of the creative work even after the contract ends.
Fair dealing in Canadian copyright law Unauthorized copying of works can be permissible under the fair dealing exemption. Law Society of Upper Canada the Supreme Court of Canada made a number of comments regarding fair dealing, and found that the placement of a photocopier in a law library did not constitute an invitation to violate copyright.
In Alberta Education v Canadian Copyright Licensing Agency Access Copyrightthe Court further clarified this exemption from copyright law in the context of education, finding that a teacher may photocopy a brief excerpt from a textbook in circumstances where it would be impractical to purchase a text book for each student.
Fair dealing is to be examined on a case-by-case basis. The purpose of the dealing, character of the dealing, amount of the dealing, alternatives of the dealing, nature of the work and effect of the dealing are factors that can contribute to fair dealing.
Those favouring a broad interpretation of fair dealing argue there ought to be reasonable unauthorized reproduction of works because it facilitates creativity and free expression. They also argue that fair dealing provides reasonable access to existing knowledge. Those arguing that fair dealing ought to be more restrictive and specific state that fair dealing will reduce revenue to those creating works.
They also argue the reproduction of works and sends a wrong message to the public that works are free as long as it falls under this banner.
The Federal Court of Canada pointed out inwhen invalidating guidelines that had been adopted by York University that this is not an easy exercise. Emphasis was given to the fact that the CCH six-factor test was the second part of a two-stage analysis in which a user must first identify whether a use was allowed before then assessing whether dealing is fair, and stressed that users must not conflate the two stages.
This was revised so that protection is limited as follows: Duration of copyright with respect to posthumous works  Where an author dies Term of copyright published before December 31, 50 years from date of publication not published on or before December 31, protected until December 31, on or after December 31, protected until December 31, after December 31, Photographs[ edit ] The Copyright Modernization Actwhich came into force on November 7,altered the rules with respect to the term of copyright with respect to photographs so that the creator holds the copyright and moral rights to them, and the general rule of life plus 50 years thereafter applies all such works.
However, there are two schools of thought with respect to how copyright applies to photographs created before that date: Some commentators believe that the transitional rules implemented in the reform still apply. Scenarios with respect to status of copyright in photographs created before November 7, transitional rules remain in effect transitional rules ceased to have effect created before copyright ceased to have effect after In all cases except where Crown copyright applies: The marketing and distribution of products meant to breach technical protection measures is also unlawful.
Exceptions exist in situations when the circumvention is for the purposes of accessibility, encryption research, privacy and security testing, reverse engineering to achieve software compatibility if it is not already possible to do so without breaching TPMs the creation of temporary recordings by broadcasters, and for law enforcement and national security purposes.
Go Cyber Shopping, asserting that alongside their use for enabling the use of pirated copies of software for them, a retailer of modchips for video game consoles could not use the availability of homebrew software as a defence under the interoperability provision, because Nintendo offers official manner for developers to create games for their platforms, thus making it possible to achieve interoperability without breaching TPMs.
Therefore, collectives are formed to facilitate the collection of fees. The licensing fees collected are distributed back to Canadian composers and lyricists. The collected proceeds are distributed to Canadian and foreign composers, but only Canadian recording makers and performers may enforce the levies,  which are collected by the Canadian Private Copying Collective.Poland Case Study Analysis of National Strategies for Sustainable Development This document is one of 19 country case studies that form the knowledge base for a.
FindLaw provides Case Summaries / Supreme Court Cases Summary, all thirteen U.S. Circuit Courts of Appeals, and select state supreme and appellate courts. Canadian Business Law Case study The only resource required to complete this assignment is the textbook.
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Welcome to your new life in Canada: 10 tips for first week, month and year. Employment law can be complicated and the laws vary depending on where and when you file your claim; It is important that you find an experienced attorney to assess your case and determine whether.