Moral rights are rights of creators of copyrighted works generally recognized in civil law jurisdictions and, to a lesser extent, in some common law jurisdictions. They include the right of attribution, the right to have a work published anonymously or pseudonymously, and the right to the integrity of the work. The preserving of the integrity of the work allows the author to object to alteration, distortion, or mutilation of the work that is "prejudicial to the author's honor or reputation". Anything else that may detract from the artist's relationship with the work even after it leaves the artist's possession or ownership may bring these moral rights into play. Moral rights are distinct from any economic rights tied to copyrights. Even if an artist has assigned his or her copyright rights to a work to a third party, he or she still maintains the moral rights to the work.
CCH Canadian Ltd v Law Society of Upper Canada, [2004] 1 SCR 339, 2004 SCC 13 is a landmark Supreme Court of Canada case that established the threshold of originality and the bounds of fair dealing in Canadian copyright law. A group of publishers sued the Law Society of Upper Canada for copyright infringement for providing photocopy services to researchers. The Court unanimously held that the Law Society's practice fell within the bounds of fair dealing.
Copyright in the Netherlands is governed by the Dutch Copyright Law, copyright is the exclusive right of the author of a work of literature or artistic work to publish and copy such work.
Society of Composers, Authors and Music Publishers of Canada v Canadian Assn of Internet Providers 2 S.C.R. 427, 2004 SCC 45 - also known as the Tariff 22 case - is a leading decision by the Supreme Court of Canada on ISP liability for copyright infringement. The Court found that there is no liability for information found in caches. An ISP's liability depends on whether it limits itself to "a conduit" or a content-neutral function and is not dependent on where the ISP is located.
Robertson v Thomson Corp, [2006] 2 S.C.R. 363 , 2006 SCC 43 is a 2006 Supreme Court of Canada decision on the ownership of copyright in published text that are stored in databases. The ruling held that though a newspaper held the copyright in the collection and the arrangement of freelance articles and in its newspaper, it could not publish the articles within a database. Publication within the database would remove the articles from the context of the collective work and therefore their publication as such was not within the rights held by the newspaper.
The copyright law of Australia defines the legally enforceable rights of creators of creative and artistic works under Australian law. The scope of copyright in Australia is defined in the Australian Copyright Act 1968, which applies the national law throughout Australia. Designs may be covered by the Copyright Act as well as by the Design Act. Since 2007, performers have moral rights in recordings of their work.
In copyright law, a derivative work is an expressive creation that includes major copyright-protected elements of an original, previously created first work. The derivative work becomes a second, separate work independent in form from the first. The transformation, modification or adaptation of the work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright. Translations, cinematic adaptations and musical arrangements are common types of derivative works.
The copyright law of the United States is intended to encourage the creation of art and culture by rewarding authors and artists with a set of exclusive rights. Copyright law grants authors and artists the exclusive right to make and sell copies of their works, the right to create derivative works, and the right to perform or display their works publicly. These exclusive rights are subject to a time limit, and generally expire 70 years after the author's death. In the United States, any music composed before January 1, 1923, is generally considered public domain.
Théberge or Theberge may refer to:
It is an infringement in Canadian copyright law for any person to do, without the consent of the owner of the copyright, anything that only the copyright owner has a right to do as covered in the Copyright Act..
Fair dealing is a statutory exception to copyright infringement, and is also referred to as a user's right. According to the Supreme Court of Canada, it is more than a simple defence; it is an integral part of the Copyright Act of Canada, providing balance between the rights of owners and users. To qualify under the fair dealing exception, the dealing must be for a purpose enumerated in sections 29, 29.1 or 29.2 of the Copyright Act of Canada, and the dealing must be considered fair as per the criteria established by the Supreme Court of Canada.
Canadian intellectual property law governs the regulation of the exploitation of intellectual property in Canada. Creators of intellectual property gain rights either by statute or by the common law. Intellectual property is governed both by provincial and federal jurisdiction, although most legislation and judicial activity occur at the federal level.
Moral rights in Canadian copyright law are protected under the Copyright Act of Canada and include an author's right to attribution, integrity and association of a work. Moral rights are to be distinguished from economic rights; moral rights essentially being derived from the reflection of the author’s personality in his or her work, whereas economic rights grant an author the ability to benefit economically from their work. An author of a work retains moral rights for the length of the copyright, even if the copyright has been assigned or licensed to another party. Moral rights cannot be assigned or licensed, but can be waived by contract.
Provisions related to Italian copyright law are found in Law no. 633 of 22 April 1941. Certain fundamental provisions are also found in the Italian Civil Code of 1942, Arts. 2575–2583.
Euro-Excellence Inc v Kraft Canada Inc, 2007 SCC 37, [2007] 3 S.C.R. 20, is a Supreme Court of Canada judgment on Canadian copyright law, specifically on the issue of indirect infringement and its application to parallel importation. Kraft Canada sued Euro-Excellence Inc. for copyright infringement due to their importation of Côte d’Or and Toblerone chocolate bars from Europe into Canada. A majority of the court found that the copyright claim could not succeed, although they split on whether the claim failed due to the rights of an exclusive licensee or due to the scope of copyright law.
Society of Composers, Authors and Music Publishers of Canada (SOCAN) v Bell Canada, 2012 SCC 36, is a leading Canadian case on the application of fair dealing under s. 29 of the Copyright Act. It pertained to the use of previews of musical works on online music services that sell digital files of musical works.
Cinar Corp v Robinson is a leading case of the Supreme Court of Canada in the field of copyright law, which has impact in many key aspects of it, including:
Mlegal instrument governing copyright law in Sri Lanka is Part I of the Intellectual Property Act, No. 36 of 2001 replacing Part II of the Code of Intellectual Property Act, No. 52 of 1979.
The basic legal instrument governing copyright law in Georgia is the Law on Copyright and Neighboring Rights of June 22, 1999 replacing Art. 488–528 of the Georgian Civil Code of 1964. While the old law had followed the Soviet Fundamentals of 1961, the new law is largely influenced by the copyright law of the European Union.
