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10 Cards in this Set
- Front
- Back
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What is copyright for? |
- It covers 'works' a recognized & fixed legal form of expression that is the product of human creative endeavor - quality and legality of work are irrelevant -gives sole & exclusive rights for creative works that is literary, dramatic, musical, artistic etc |
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Duration of a CR? |
- life of author plus 50 years -joint authors 50 years starts after death of last author - Possible under TPP, US standard of life + 70 years |
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In order to be eligable for copyright the 'work' must sufficiently embody what 3 elements? |
- Originality: not copied, some minimal 'skill and judgment' in the creation of the work - Fixation: expressed in some material form - Nationality: has to be produced in Canada, but we recognize foreign CR by treaty |
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4 things not protected by CR |
- Facts/ names - real life events - Ideas - non-human creations or works |
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Generally the author/ creator has the copyright ownership. What is one exception? |
'Works for hire' are owned by the employer where -employee is under contract of service - work created in performance of contract - and there is no provision stating the employee gets CR |
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Economic rights of CR? |
- Reproduction - Performance - Publication - Adaptation or translation - abridgment, novelization, screenplay etc - telecommunication (tv, radio, internet) - right to authorize the above - right to stop distribution of infringing copies - 'make available' (ie filesharing) added in 2012 |
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3 Moral rights tied to personality/ reputation of the author |
- Paternity/Attribution - Integrity - Association |
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what are 2 instances you can use copyrighted works without permission of payment to owner? |
- Fair dealing: research, private study, education, parody, satire, criticism, review (must mention source), news reporting (citation needed) - Fair use: similar concept in the USA |
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Definition of Infringement |
doing anything the CR holder has sole and exclusive rights to exercise without their permission or authorization |
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Common types of infringement |
- Plagiarism - Piracy - Bootlegging - Counterfeiting - Downloading/filesharing |
