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Anthropology 4400E
Bob Larose

• Controlling IP = prevent others from accessing it o Who sees, uses, and benefits from it • Others believe that information is only useful when it is shared, not monopolized • Government gives more rights to owners of intellectual property CIPO Article • Don't need to know this in depth - just review the 2275 textbook Copyright • Original expression of an idea stored in a medium within Canada • Exceptions: o Fair dealing - also includes parody, satire, and education o Criticism o Private study o News report Gould vs. Stoddart • Is there copyright? Who owns it? What do you get to use it for? • Author owns the copyright of the pictures and captions - person who took the picture, or person who paid to have the picture taken • No limitation - no evidence that parties agreed on limited purposes o Regardless of intent at the time Zellers vs. Cselko • Artist claims the products are beyond the scope of what he intended • Court ruled there were no limitations Neudorf vs. Sarah McLachlan • Show the test for joint authorship o Must be significant contribution of original work o That work must be combined into a greater whole o Must be mutual intention of parties to be joint authors • The last requirement was not fulfilled • This must be fact specific - different results for different songs Michelin vs. Union • Not trademark infringement because not claiming to sell anything under the brand, or fool others into think they are Michelin • Copyright because they're using the mascot without Michelin's permission • Union says parody = criticism = fair dealing • Court says parody is NOT criticism, therefore no fair deal, therefore not exception to copyright (RATIO) o Even if parody is criticism, they didn't use the image fairly - they were mean-spirited (OBITER) • Now copyright act has been amended so parody is a form of fair-dealing, HOWEVER, the obiter would have become the ratio - not fair use Theberge vs. Art Gallery • Moral rights: artist enjoys protection of their dignity through their artwork o Cannot be transferred or sold - they can be waived • Posters have a high level of respect in the art world - more than images glued onto canvas • SPC says there was no copying - images was simply lifted and then glued onto another surface Composers vs. Music Lounge • Lesson: deal with legal issues instead of ignoring them, because fees stack up R vs. AFC Soccer • Copyright infringement can be criminal in some cases Pastor vs. Chen • Court says the dance moves aren't protected by copyright law, but by the confidentiality agreement • Contractual right = only take action against the person bound by the contract o Property right = can take action against anyone Trademark • A guide to distinguish the wares of one supplier from the wares of another • Trademark infringement involves the use or registration of a trademark
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