Copyright Infringement
A copyright is the right to produce, reproduce, and transform any original work. Copyrights are only given to original works that fall under the "following seven categories: Literary works, Musical works including accompanying any works, Dramatic works including accompanying music, Choreographic works, Graphical and sculptural works, Motion pictures and other audiovisual works, Sound recordings, and Architectural works"1. Under the Canadian copyright act any published or unpublished original work upon creation will receive automatic copyright protection. Though automatic copyright protection is given to original works the benefits of having one's copyright registered (Copyright Registration Application: Page 8 & 9) with the Canadian Intellectual Property Office (C.I.P.O) is that one receives a certificate of registration which can be used to one's advantage in the event of infringement and prove of ownership in a court law. When any production, reproduction, transformation of a work is gone without the permission of the owner of a copyrighted work this becomes copyright infringement. In cases of copyright infringement the responsibility to report this infringement rests on the owner of the copyrighted work however the Copyright Ac
1 Barber, Hoyt and Logan, Robert. Protect Your Intellectual Property ( Toronto: Productive Publications) p. 5 3 Goldstein, Paul Copyright's Highway, (New York: HarperCollins CanadaLtd) p. 145 For a fee, anyone with an appropriately equipped computer could log onto the BBS, browse through different BBS directories to look at the pictures, download the high quality computerized copies of the photographs, and then store the images onto their home computer. Frena admitted that the materials were displayed on the BBS and that he never received consent from Playboy. However, Frena argued that he did not personally upload any of the infringing pictures onto the BBS (his subscribers had uploaded the images) and that he removed the infringing pictures, as soon he was made aware of the matter. In this case there was no question that Playboy owned the copyrights on the photographs due to the fact that at trial, Frena had offered no evidence to rebuff Playboy's copyright documentation. The only remaining issue was whether the defendant's actions implicated one of the copyright holders exclusive rights. Though the Copyright Act was effective in providing clarification on this case. The problem in general is the liability of Internet Service Providers has not been clearly established and the enforcement of the law remains a problem. In this issue the stringency of traditional copyright laws are inherently difficult to be applicable to this new technology because of the scale of the Internet. Wright, Amy and McDaniel, Jeff. Recent Developments in Copyright Law, Texas: Texas Intellectual Property Law Journal, fall 1995, Volume 4, No. 1
Some common words found in the essay are:
MCA Canada's, Parody Canadian, Providers ISPs, Playboy Frena, Choreographic Graphical, Service Providers, Copyright Act, Courts Appeals, James Thomson, Opera Co, copyright act, copyright infringement, canadian copyright, canadian copyright act, copyright laws, intellectual property, fair dealing, stringent copyright, copyright owner, original copyrighted, including accompanying, protection intellectual property, infringement secondary copyright, dealing canadian copyright, fair dealing canadian,
Approximate Word count = 2420
Approximate Pages = 10 (250 words per page double spaced)
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