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Technology - Copyright
Copyright protection in Canada is afforded under the Copyright Act. Copyright protects the form in which literary, artistic, musical and dramatic works may be expressed. Copyright law is very pervasive and applies to may forms in which creativity is expressed. Unlike patent or industrial design law, copyright arises automatically upon the creation of an original work that is fixed in a tangible form.
Copyright protection is granting to authors of original literary, dramatic, musical and artistic work for a limited period of time. Quality and legality of work are not relevant for copyright protection. Copyright prevents unauthorized copying only, and only protects expressions fixed in a tangible medium. Ideas alone cannot be copyrighted, but an author's unique expression of an idea is copyrightable. The creator of the original work owns the copyright and may transfer his or her right by sale or a gift. An employee who creates a copyrightable work during and within the scope of employment loses his right in favor of the employer. On the other hand, a person who creates a work under written agreement to commission a work is deemed to be the owner of the copyright.
Copyright grants the author exclusive rights to the material for the author's life plus 50 years. A copyright holder receives the exclusive right to reproduce, prepare derivative works, distribute, perform, or display the work. These rights are subject to the “good cause or excuse” and the "fair dealing" doctrines. The good cause suggests that a person may deal with otherwise copyrighted material in a matter of public interest. In contrast, the fair dealing doctrine permits use of copyrighted work for the purposes of private study, research, criticism, review or newspaper summary.
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