Copyright Law in Canada Essay

Piracy has become a major issue in the United States. For every motion picture that has been featured in theaters also has been pirated onto the Internet the next day, and for every new musical album that is released, yet there is a free torrent file of the album within the same hour. Even though these online pirates steal music and movies from other companies and make a drastic profit, yet these “rogue” websites receive 53 billions visits a year from across the globe according to Creative America. The persistence of the thieves that break copyright laws of the productions has lead the entertainment business to place a definitive complaint to the U.S. government of the constant notion of piracy. While the notion of piracy was not left

  In legal theory, there is a great debate over whether or not law should be used to enforce morality.  The sides of the debate can be presented as a continuum.  At one end, there is the libertarian view, which holds that morality is an individual belief and that the state should not interfere in the affairs of the individual.  According to this view, a democracy cannot limit or enforce morality.   At the other end, there is the communitarian position, which justifies the community as a whole deciding what moral values are, and hence justifies using the law to enforce community values.  For libertarians, judges should play a prominent role in limiting the state, while for communitarians, judges should

Longer copyright terms can prove beneficial for large mass media companies as evidenced by The Walt Disney Company’s lobbying for the Copyright Term Extension Act. This act, often dubbed the Mickey Mouse Protection Act, extended copyright protection for an additional twenty years in 1998. Consequently, Mickey Mouse is now set to enter the public domain on January 1, 2024. Disney will once again have the opportunity to lobby for extension and evade Mickey’s copyright expiration, thus preventing its most iconic character from entering the public domain. This holds pressing significance because lobbying for further extension legislation would likely occur within the next few years.

The Canadian legal system was influenced dramatically by the Persons case, the Napoleonic code and the Magna Carta. First, the Persons case significantly influenced the Law system as known today. The Persons case, which took place in 1926 was regarding Emily Murphy, an Alberta police magistrate, otherwise known as a judge. While judging a case, her ruling was challenged because according to the British North America Act, women weren’t considered “persons.” In order to change this, Emily Murphy along with the Alberta Famous five started the legal process to prove that women were persons in 1928. The Famous five took the government to court, first at provincial level, then the Supreme Court, however they were unsuccessful. In 1929, the women

One of the most common, yet controversial, issues of First Amendment law is the subject of copyright and infringement. Although the subject may not seem major at first, many different issues and controversies have risen and become more common than ever over the years. The issues that have become pertinent to this subject are endless, including trademark infringement, piracy, theft, fraud, plagiarism, and many more. With the coming of age and advancement of technology, these cases have become more common and appear more often than ever before. Government officials have always been strict about copyright rulings, and have tried to deliver fair and just rulings for both parties involved under First Amendment rules. Because the owner’s work and material is protected under the First Amendment, it gets tricky when involving another party that can claim the same work of art. In short, the definition of copyright has always been cut and dry: allowing owners of creative works the right to control and profit from their creations. It is basically recognized as a form of property ownership.

It is well known that a multitude of components affect the way in which public policy is crafted and applied in Canada. Factors such as policy paradigms, the government in power, and economic incentives greatly impact how public policy affects Canadians. However, an unexpected political actor shapes Canadian law in a more extrinsic and all-encompassing way and acts as a sort of “unofficial” policy maker in government despite its role in the judicial court system: The Supreme Court of Canada. The Supreme Court of Canada is a public policy maker because it has the ability to extend the parameters of a law (to some degree), redact a law, and restrict the abilities of other Canadian policymakers. According to Heinmiller (2017), public policy

The law must come to terms with the difference between artistic intent and economic intent. Artistic freedom is more important for the health of society than the supplemental and extraneous incomes derived from private copyright fees. They create art of police and control, since no matter how the original intent of the copyright laws are, today, they are subverted to censor resented works that suppress the public’s need to reuse and reshape

Since the fall of communism in Russia and the end of the Cold War, China started to rise as a significant power and to this day holds the title as the world’s fastest growing economy. With that advancement, China has become an influential global player in international politics and the economy; moreover, causing many countries, developed and developing, to raise a serious level of concern and interest to the rapid development of China. In particular, Canada is now back to establishing to be on better terms with China, after Harper’s playing hard to get approach, we must work even harder in becoming a part of China’s inner circle of trade partners. Moreover, Mr. Harper at first tried an activist approach, criticizing and accusing China of poor

Copyright is the legal right, to an inventor to perform, print, publish, film, or record artistic, literary, or musical material, and to allow others to do the same. Copyright law was developed to provide the creators and inventors of any works with powerful and effective rights of exclusivity over their creations (Patterson & Lindberg, 1991). Over the past, these rights were almost unlimited. People would use existing developments as if they were their own without any regard of the creator’s exclusive rights. The need to balance and limit such rights arose, and governments established these limits for the general good of the public.

One needs to have a basic understanding of the purpose behind copyright laws as the founding fathers had intended. As stated in the “Constitution. Article I, section 8, clause 8 of the United States Constitution provides that Congress shall have the

Giving out the identity of a person accused of a crime, whether they are guilty or not is a breach of the Harmful communications act. By posting the identity of the person you are liable what happens to them as they are now at risk, and you are breaching the privacy laws because you gave out personal information. The name, photograph, phone number, car registration details and home address of a man accused of theft were posted on a Facebook group with tens of thousands of members recently. This was a serious breach of the harmful communications act. If any of the members of that group decide to take matters into their own hands to stop the theft, that has not been proven guilty, the person who posted all of their personal information would

Up Front Assessment: Under current copyright law, since Mr. Emerson co-created ASHLEY. Therefore, he has joint copyright ownership of ASHLEY unless a specific written agreement was attained by the professor assigning all rights to the professor. Assuming, Mr. Emerson was not a paid employee of the professor, then a work for hire claim cannot be made.

decide to make it for a Mac. Plus since of the many people with IBM PC's at home,

Identify and discuss these copyright challenges in the modern digital economy using examples from case law.

Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.