COPYRIGHT CANADIAN LAW.. According to Canadian Law these terms mean: ....

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Presentation transcript:

COPYRIGHT CANADIAN LAW.

According to Canadian Law these terms mean: ....

COPYRIGHT  Canadian copyright law is governed by the Copyright Act, which protects original literary, artistic, musical and dramatic works. A partial list of works which are entitled to copyright protection in Canada includes: books, newspapers, dictionaries, manuals, catalogues, magazines, pamphlets, computer software, paintings, drawings, design trade-marks, sculptures, architectural works, engravings, dramatic works, photographs, films, videos, scripts, maps, lyrics and musical works.

TRADEMARK  Canadian trademark law provides protection to marks statutorily under the Canadian Trade-marks Act and also at common law. Trademark law provides protection for distinctive marks, certification marks, distinguishing guises, and proposed marks against those who appropriate the goodwill of the mark or create confusion between different vendors' wares (i.e., goods) and services or both. A mark can be protected either as a registered trade-mark under the Act or can alternately be protected by a common law action in passing off.

INTELLECTUAL PROPERTY  Intellectual property law attempts to address the problem of supply of public goods. It does this by granting exclusive rights in certain types of information. As a consequence, IP law defines what is not exclusive. It does this by creating institutions that manage the creation, use and exchange of certain types of information. The common object/shared concern of IP law is to encourage investment in new types of information without unduly impairing access to such information by end-users and future creators.

INFRINGEMENT  infringement is the unauthorized use of works under copyright, infringing the copyright holder's "exclusive rights", such as the right to reproduce, distribute, display or perform the copyrighted work, spread the information contained within copyrighted works, or to make derivative works. It often refers to copying "intellectual property" without written permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator.

PATENET  A patent is a government grant that gives the inventor and his or her heirs, executors and assigns, the exclusive right within Canada, during the term of the patent, to make, use and/or sell the invention claimed in the patent, subject to adjudication.  The granting of Canadian patents is within the exclusive jurisdiction of the Canadian federal government and is governed by the federal Patent Act, the Patent Rules, and various international treaties and the regulations thereunder. The enforcement of Canadian patents is the responsibility of the Canadian Federal Court, or the Courts of the Canadian provinces.

ROYALTY  The Royal Proclamation of 1763 was issued by King George III to establish a basis of government administration in the N American territories formally ceded by France to Britain in the Treaty of PARIS, 1763, following the SEVEN YEARS' WAR. It established the constitutional framework for the negotiation of Indian treaties with the aboriginal inhabitants of large sections of Canada. As such, it has been labelled an "Indian Magna Carta" or an "Indian Bill of Rights."

PUBLIC DOMAIN  public domain are those whose intellectual property rights have expired,[1] been forfeited,[2] or are inapplicable. Examples include the works of Shakespeare and Beethoven, most of the early silent films, the formulae of Newtonian physics, and the patents on powered flight.[1] The term is not normally applied to situations when the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or with permission.  In informal usage, the public domain consists of works that are publicly available; while according to the formal definition it consists of works that are unavailable for private ownership or are available for public use.[2] As rights are country-based and vary, a work may be subject to rights in one country and not in another. Some rights depend on registrations with a country-by-country basis, and the absence of registration in a particular country, if required, implies public domain status in that country.

TARIFF  tariffs are beneficial to the society if the area given by the rectangle E more than offsets the losses shown by triangles B and D. Rectangle E is called the terms of trade gain whereas the two triangles B and D are also called efficiency loss, as this cost is incurred because tariffs reduce the incentives for the society to consume and produce.

FAIR USE  Fair use is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work. In United States copyright law, fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. Examples of fair use include commentary, search engines, criticism, news reporting, research, teaching, library archiving and scholarship. It provides for the legal, unlicensed citation or incorporation of copyrighted material in another author's work under a four-factor balancing test.  The term fair use originated in the United States. A similar principle, fair dealing, exists in some other common law jurisdictions. Civil law jurisdictions have other limitations and exceptions to copyright.  Fair use is one of the Traditional Safety Valves.