Defense to copyright infringement: License

A license to a software may be used as a defense to copyright infringement. US District Court dismisses copyright infringement complaint against GAIN Capital Gain Capital asserted that by entering into a license, Tibco waived its right to sue for copyright infringement and may only sue for breach of contract. Gain Capital argued that subsequent… Continue reading Defense to copyright infringement: License

Playing YouTube Music

Playing YouTube music on the radio or at an event may constitute copyright infringement unless the DJ has a SOCAN license and the music is registered with SOCAN. In the Ontario Superior Court copyright infringement case of John v. Richards, 2017 ONSC 6307, Justice Trimble analyzed the relevant Canadian copyright law. On a motion for summary… Continue reading Playing YouTube Music

Copyright Act: Existing Rights SCHEDULE I (Section 60)

(Section 60) Existing Rights Column I Column II Existing Right Substituted Right Works other than Dramatic and Musical Works Copyright Copyright as defined by this ActFootnote for1. Musical and Dramatic Works Both copyright and performing right Copyright as defined by this Act. Copyright, but not performing right Copyright as defined by this Act, except the sole… Continue reading Copyright Act: Existing Rights SCHEDULE I (Section 60)

Interpreting the Copyright Act: Definitions

Definitions in the Copyright Act 2 In this Act, architectural work means any building or structure or any model of a building or structure; (oeuvre architecturale) architectural work of art[Repealed, 1993, c. 44, s. 53] artistic work includes paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works, and compilations of… Continue reading Interpreting the Copyright Act: Definitions

Copyright Act Summary

The Government of Canada has changed the Copyright Act several times since the Copyright Act was enacted in 1985. 2 – Interpretation: Definitions of terms in the Copyright Act  Summary Cases 3 – PART I – Copyright and Moral Rights in Works 3 – Copyright 5 – Works in which Copyright may Subsist 6 –… Continue reading Copyright Act Summary