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LAW EXAM NOTES

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Department
Management
Course
MGMT 3100
Professor
Elizabeth Farrell
Semester
Winter

Description
Law Exam Study Notes Chapter 15 – Bailment and Leasing Bailment • Bailment: transfer of possession of personal property without transfer of ownership • Bailor and bailee • Not sale, not trust, not debt not license • Some contractual some not o Delivery of possession without intention to transfer title o Intention that property shall be returned to bailor • Involuntary: customer leaves coat behind in a restaurant • Gratuitous bailment (non-contractual): bailment where benefit is only for one party Sub-Bailment • Sub-bailee: person who receives a bailment of property from a bailee • Avoid liability and create bailment relationship between bailor and sub-bailee, bailor must obtain permission or consent from bailor for sub-bailment and sub-bailee must be aware of bailor’s interest (may be implied) Rights and Duties of Bailee Liability Under Contract and Tort • Bailees are under a duty to take care of property bailed to them • Duty of care (law of torts) applies when not expressly covered by contract and gratuitous bailments • May have term that bailee is not liable for damage while goods are in custody (even in negligence) Standard of Care • Least exacting upon bailee when bailment is gratuitous and for bailor’s benefit • Most exacting upon bailee when bailment is gratuitous and for benefit of bailee • Contractual bailment: standard of care falls between that of gratuitous bailments for the benefit of bailee and of those for the benefit of bailor • Depends on type of goods (valuable  higher standard of care) Rights and Remedies • Damages and Quantum Meriut: o In contractual bailment, bailee has usual contractual remedies for breach by bailor; main concern is to receive compensation for services rendered o If performance is not complete because bailor fails to deliver everything, bailee may sue for quantum Meriut for value of services it has performed and for damages compensating it for loss of profits Lien • Remedy to bailee on bailed goods in possession • Right to retain possession of goods until bailor pays what is due for the services; bailor cannot repossess • Services have been performed and payment is due • Unpaid bailee loses her lien on bailed goods as soon as bailor obtains possession without deceit or fraud The Right of Sale • If bailor can’t pay overdue charges (ex. insolvency) bailee is left with goods that can’t be used (no title)  burden to store • Bailment contract may contain a right of sale and various statutes give bailees who have a lien upon goods stored and additional right to sell the goods • General requirements: o Certain time elapse after payment falls due o Advance notice is given to the bailor of the bailee’s intention to sell o Sale is advertised o Must be held by public auction • Until the time of sale, person with title can recover them on payment in full of the bailee’s charges • Proceeds of sale are used (1) reimburse bailee for costs of holding the sale; (2) pay overdue charges for services; (3) surplus belongs to the bailor Chapter 17 – Agency and Franchising Defining Agency Agency is relationship in which one person, agent, is authorized by another person for whom she acts, principal, to form contracts with third parties. Principal usually pays the agent (employment) • Dependent agent: an agent who acts exclusively or mostly, for a single principal • Independent agent: an agent who carries on an independent business and acts for a number of principals • Commission agent: sells on behalf of a principal to third parties and receives compensation thru commissions Creation of an Agency Relationship Anyone who has capacity to contract can appoint an agent to contract on behalf. Agent’s power to contract on behalf of principal is limited to capacity of principal (ex. minor cannot have an agent but can BE an agent) Two contractual relationships: • Agency agreement: the agreement between principal and agent whereby the agent undertakes to act on behalf of the principal • Relationship between the principal and third parties with whom the agent makes contracts on the principal’s behalf By Agreement: • Express or implied, oral, written, or in writing under seal • Clearly defines limits of the agent’s authority; how far she can go in making a contract with a third party without obtaining further instruction from the principal • Power of Attorney: special type of express agency agreement, usually under seal Other Ways: • Implied thru conduct of principal and agent o If principal allowed the agent to act like his agent in dealings with third parties, agency is implied o Estoppel principle – if you allow someone to believe something, cannot deny later o Created by estoppel • Can be retroactive; someone negotiates a contract with third party on another’s behalf, the person may later approve behavior and adopt the contract o Created by ratification Duties of an Agent to the Principal Duty to Comply with the Agency Agreement: • Determined by express or implied terms of the agreement with principal • Breach of any term gives remedies like for breach of contract Duty of Care • Agent owes a duty of care to principal even if no payment exists • Degree of skill that can be expected depends upon the nature of the agent’s task and the competence • Notice to an agent is equivalent to notice to principal • Duty to keep principal informed about all important development affecting relationship Personal Performance: • Agent cannot delegate her duties without the principal’s agreement • Responsibilities include: exercise of judgment, skill, discretion on principal’s behalf • In some circumstances, nature of agency relationship or trade usage will give agent an implied authority to delegate all or part of her duties (employees vs. CEO) Good Faith: • Agent owes fiduciary duty to the principal o Agent must be loyal, act in the best interest of the principal and keep the principal fully informed o If you can buy cheaper than authorized, inform or buy and pass on the savings to the principal, rather than make a secret profit • Money that comes into agent’s possession in respect of contracts made for the principal belongs to the principal, even if the agent may be entitled to withhold amounts due to commission o Duty to keep accounts • Not good practice when agent serves 2 principals in 1 transaction o If not aware, cannot o If aware, can allow o Conflict of interest  Also if enter into contract on own behalf with the principal without his knowledge and approval Duties of the Principal to the Agent: Principal does not owe fiduciary duty to agent; principal’s duties set out in the contract; 2 duties on a principal: • Duty to compensate the agent for his or her effort (by commission or otherwise) • Duty to pay the agent’s expenses and compensate for losses If no express term stated, agent is entitled to reasonable fee, example of quantum meruit. • Listing Agreement: agreement by the client of a real estate agent to pay commission on any sale of a property o Agent is entitled to commission Chapter 18 – The Contract of Employment Development of the Law Governing Employment Relationship of master and servant: contractual relationship between an employer and an employee (common law rules) Changes in employment relationships since early ages: • Statutes passed to establish minimum standards for safe and fair working conditions • Organization of labour into trade unions, leading to evolution of collective agreement Relationship of Employer and Employee Compared With Agency: • Relationship of employer and employee is established thru contract o Gives employer authority to direct and control the work of the employee o May include being an agent (function) • Liability of employer is wider than of principal Compared With an Independent Contractor: • Undertakes to do a specific task • Contract does not create an employer-employee relationship because contractor is not subject to the supervision of the person engaging him • Must produce a specific result but means he employs are his own affair Employment Relationship at Common Law: • Responsibilities: o Employer’s liability to third persons o Notice required to terminate relationship o Limited reasons an employer could terminate relationship without notice o Assessment of damages for wrongful dismissal The Employer’s Liability to Third Persons Liability in Contract: • Promisor is liable for breach of contract even if its own employees do improper work Liability in Tort • Business is liable to third party for any tort committed by employee in the course of employment • Was it while at work? Notice of Termination of Individual Employment Contracts Implied Term of Reasonable Notice: • Employment contracts have no specified deadline • Notice: advance warning that the employment relationship will end (required by common law) • Not necessary if employee was hired for fixed term (defined start and end dates) • Indefinite hiring: a contract of employment for an undetermined length of time, with no expectation of termination or described end date Length of Reasonable Notice • When no express term about termination, reasonable notice should be given o Acceptable length of notice of termination considering the nature of the contract, intentions of the parties, circumstance of the employment and characteristics of the employee • Can dismiss employee immediately if pays the employee for the period equal to the time required for reasonable notice o Payment in lieu of notice • The employee who wants to leave voluntarily also has a contractual obligation to give the employer the same amount of notice as he himself would be entitled to receive for dismissal o If not, employer may sue for damages to the loss caused by breach of contract • Employee can leave without notice if: o Can show that he was obliged to work under dangerous conditions that the employer refused to correct o Ordered to do an illegal act o Changed employee’s job substantially by demotion (transferring an employee to a job with less responsibility and income potential) or geographic transfer  constructive dismissal Grounds for Dismissal Without Notice The Contractual Basis • No need for notice when can show that employee was dismissed for cause • Dismissal for cause: dismissal without notice or further obligation by the employer when the employee’s conduct amount to breach of contract Misconduct • Crime associated with employment (embezzlement) or conduct outside of employment • Grossly immoral conduct that may bring the business into public disrepute, disturb morale or cause direct financial loss • Conviction for crime or breach of standards of conduct at the place of employment Disobedience • Willful disobedience of a reasonable and lawful order • An accurate job description helps employees avoid confusion Incompetence: • Harder to prove once the employee has been working for long time period • Must make an effort to provide training and education Illness: • Permanent disability or recurring illness entitles dismissal without notice • Contract is not breached but discharged by frustration • Can only fire if all the reasonable efforts to accommodate the disability have been exhausted Effect of Dismissal • 3 of them is breach, but illness is frustration • No duty to give notice but must pay any wages earned until the time of dismissal • If employer dismisses employee without cause or notice, employee ay sue for wrongful dismissal Failure to Warn • Only very serious events of cause allow to terminate employee after first incident • Consider in context and must be so serious to amount to total breakdown in the employment relationship o Violate an essential term of employment contract o Breach the faith inherent in relationship o Fundamentally or directly conflict with the employee’s obligations to the employer • Most situations require employer to warn employee that conduct is unacceptable and further occurrences will lead to termination Adverse Economic Conditions: • No excuse for employer to refuse reasonable notice of termination • Statute usually requires minimum notice Wrongful Dismissal • If employer doesn’t follow the rules, employee can sue for breach of contract • Remedies: reinstatement, damages Damages: • Measure of damages: calculate reasonable notice, multiply rate of pay and value of fringe benefits by length of reasonable notice • Damages for humiliation and other shit caused by bad faith, malicious behavior • Punitive damages Mitigation: • Party injured by breach of contract must act reasonably to mitigate loss  find another job • Job should be on the same level and shouldn’t require anything crazy Reinstatement: • Courts are unlikely to award this Employee Welfare Legislation Background • Active intervention on the side employees: • Max work hours, min age of workers, safety Legislative Jurisdiction • Most economic activity is subject to provincial legislation Employee Rights • Human rights: protect against discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability • Pay equity: o Law prohibits different levels of pay for substantially the same kind of work o Comparative value: equal pay for work of equity value o Someone must file a complaint to trigger enforcement of the legislation  Flaw 1: too overwhelmed with individual cases  Flaw 2: employees are intimidated o To overcome, most recent pay equity legislation is based on systemic discrimination (discrimination that is pervasive thru an employer’s work force • Employment Equity: reflect underrepresented classes of disadvantaged persons in the general population • Mandatory Retirement and the Charter of Rights and Freedoms: o No more mandatory retirement based on age and not health Regulation of Working Conditions: • Many provincial statutes prohibiting child labour, regulating hours of work of young persons, providing health and safety of employees Employment Insurance: • Employment Insurance Act manages a federal employment insurance fund to which both employers and employees must contribute thru payroll deductions according to published schedule of rates Chapter 20 – Intellectual Property The Nature of Intellectual Property Forms of Intellectual Property • Intellectual property: intangible property that is the product of mental activity. Involves ideas/inventions of which individuality and originality is an essential feature • Canadian law recognizes the following as IP: trademarks, copyright, patents, industrial designs • Not all ideas/information qualify as intellectual property (ex. confidential information, trade secrets) are not regarded as IP. • Legislative jurisdiction over intellectual property is assigned to the federal government; applies across the country Should Intellectual Property Be Protected • Advocates of protection claim that creators (ex. writers, inventors, designers) have a right to the rewards arising from their efforts and that w/out protection, creativity would be discouraged • Opponents claim ideas/inventions (ex. concerning health, medicine, food production) belong to the whole world. • Talk about heavy social costs of protection (higher prices due to payment of royalties/license fees and inefficient use of resources resulting from restrictions on the use of new techniques and the exercise of monopoly power) • Canadian courts have shown more concern for “user rights” Trademarks Nature of Trademarks • Trademark: identifiable feature that is used by a person for the purpose of distinguishing his goods or services from those of others • Section 2 of the federal Trademarks Act defines a trademark as: o A mark that is used by a person to distinguish wares or services manufactured, sold, leased, hired, or performed by him from those manufactured, sold, leased, hired, or performed by others, o A certification mark – indicates that the product/service complies with a particular standard of manufacturing (ex. ISO 9001/9002: indicates a company manufacturer parts in accordance with that level of certification) o A distinguishing guise – the unique way a product is presented (ex. Coca –cola bottle, Pez candy dispensers for kids BUT Lego blocks didn’t apply b/c court said you can’t extend your patent protection into trademark law) o A proposed trademark • Any visual characteristic of goods or their presentation that serves to distinguish them from goods that don’t have the same trade connection are considered a ‘mark’ • Certification mark: special type of trademark used to identify g&s that conform to a particular standard (ex. TRUSTe mark for Internet security). Owner can register mark and license its use to others whose g&s meet defined standards • Distinguishing guise: the shaping of goods/containers, or a mode of packaging that’s distinctive Business Names • Restrictions: some prohibited categories, sufficiently distinctive/likelihood of confusion • The name of an established business is a valuable asset that forms part of its goodwill • A trademark is only part of a business name, but the entire name isn’t a trademark (ex. “Ford” is a trademark of Ford Motor Company). Can’t trademark common words like ltd. or company • Only portions of domain names are eligible for trademark protection; portion of the name that is uniquely linked to g&s can be registered as a trademark • The registration of a business name doesn’t give a business the right to carry on business under that name if this infringes the trademark of some other busine Govt specifically excludes any suggestion that granting incorporation under a particular name guarantees the use of that name and warns of this limitation • Complicated b/c the names of all corporations must be registered but since each province keeps their own registers, a separate trademark search and registration needs to be completed • Trademarks Act allows proposed trademarks to be registered so a business can gain trademark protection before it invests too heavily in its names Protection of Trademarks • Common Law: The Tort of Passing-off o Passing-off: misrepresenting goods, services, or a business in such a way as to deceive the public into believing that they are the goods, services, or business of some other person o Goodwill: benefit and advantage of the good name, reputation and connections of a business o Elements of the tort of passing-off:  Plaintiff’s goods, services or business must enjoy a reputation that is of some value worth protecting  The defendant must have misrepresented its goods, service, or business as those of the plaintiff  These must either be actual/likely confusion in the public’s mind between the goods, services, or business of the plaintiff and those produced or licensed by the defendant  The plaintiff must suffer or be likely to suffer damage in consequence of the passing-off o Plaintiffs have argued that definition should include when person uses a well-known trademark to obtain benefit, even if no damage and not likely to be confused o 2 categories of passing-off cases:  Competitors are engaged in common industry and plaintiff alleges that defendant named, packaged or described product or business to lead public to believe that their product is that of the plaintiff  Defendant promoted his product to create impression that his product in some way approved, authorized or endorsed by plaintiff; cash in on goodwill Section 7 of the Trademarks Act • Additional statutory causes of action, closely related to common law action; things prohibited o Making a false or misleading statement to discredit the business, wares, or services of a competitor o Directing public attention to one’s wares, services, or business to cause confusion in Canada with another’s wares, services, or business o Passing-off other wares or services as and for those ordered or requested o Making, in association with wares or services, any description that is false in a material respect and likely to mislead the public as to their character, quality, geographic origin, or mode of production o Doing any other act or adopting any other business practice contrary to honest industrial or commercial use in Canada • In some cases wider protection, applies to the whole Canada, broader in scope Registered Trademarks • Unregistered trademarks protected by passing-off tort and section 7 of the Trade-marks Act • Additional advantages available when registered under Trade-marks Act • Rights: o Section 19: Exclusive right to use throughout Canada o Section 20: No unauthorized person may sell, distribute, advertise any g&s in association with a confusing trademark or trade name o Section 22: No unauthorized person may use the mark in a manner that is likely to effect of depreciating the value of the good will attached to it o Provides complete defense to a passing-off action so if another person claims to have been using the mark (or similar) before the registration, the only recourse is to attack the validity of the registration;  BUT, if after trademark has been registered, discover that someone else had been using a similar trademark before the registered owner first used it, the first user may cause to have registration “expunged” or removed (Section 17) • Other advantages: o Applies to the whole of Canada not just where biz operations or has reputation; o Can be registered internationally • Trademark registration is value for 15 years and may be renewed indefinitely (need evidence of continuing use) Requirements for Registration • The mark – must not be: o Word that is primarily the name or surname of an individual, living or died within the preceding 30 years o Descriptive or deceptively misdescriptive of character or quality of the wares or services, or of place of origin o Name of any wares or services in connection with which it is used o Likely to be confused with another registered trademark o Mark prohibited under sections 9, 10 or 10.1 of the Trade-marks Act  Sections 9 and 10 prohibit registration of marks that suggest an association with royalty, the government, or certain international organizations or professional groups, or that are scandalous or obscene o Protected geographic, Olympic, or Paralympic mark • Selecting a suitable trademark is difficult; must be distinctive and eye-catching, must become associated in public’s mind with goods and services, must be original • Ownership and Use: o Registration creation presumption of ownership but, in reality, person must be owner at time of registration o Application to register may be based on the following grounds (section 16)  Mark has been previously used or made known in Canada  Mark has been registered and used abroad, in a country that is a party to the international convention  The use of the mark is proposed in Canada Opposition Proceedings • Must satisfy the Registrar that chosen mark is eligible for registration • If refused by Registrar, may appeal decision to the courts • If no objection, Trade-Marks Office issues a notice that all approved and application must be advertised • Anyone can file a notice of opposition within 2 months of advertisement on following grounds: o Application did not comply with various formal requirements for filing o Mark is not registrable o The applicant is not the person entitled to registration o The mark is not distinctive • Opponent must describe reason for opposition in detail and allow reply to objection by applicant • Onus is still on the applicant; Opposition proceedings are determined by hearing officers with appe l to the Trial Division of the Federal Court Actions for Infringement • Unauthorized Use o Advantage over passing-off: may be infringed by ANY unauthorized use of the mark (or similar) o What is “use”?  Section 2 and 4: trademark is “used” when distinguishes wares or services from those originating from someone else  To appropriate name or mark even without intent to deceive is to “use”  Comparative advertisement is a “use” of mark, since referred to • Jurisdiction and Remedies: o Civil provincial courts and the Federal Court of Canada have jurisdiction to hear infringement action  Federal can’t deal with passing-off, only with Trade-marks Act; enforceable anywhere in Canada  Provincial can deal with both, but enforceable only in specific province o If injury to goodwill  damages o If profited, account of profits o May be restricted from further infringement by an injunction, deliver up or dispose of infringing materials o May allow the defendant to allow the plaintiff to search for a seize offending wares and relevant books and records o In statutory action, may impose a ban upon further imports of offending products  Anton Piller Order – plaintiff can enter the premises of the offending party to search materials / marketing materials and are able to seize them for their own use Assignment, Licensing, and Franchising • Historically, common law allowed owner to transfer trademark if transferee was taking over the whole business • Section 48 of Trade-marks Act modifies common law; can transfer trademark: o Whether or not it is registered o Either as part of or separately from the goodwill of the business o In respect of either all or some of the goods and services with which it is associated • Section 50: owner may license the use of a registered trademark under specific conditions set out in license • When a business is sold, the rights in a trademark usually pass t purchaser. If the mark is registered, the fact of the assignment may be entered on the registebut an assignment may be valid even if unregisteredIf a mark is unregistered, the new owne may seek to register it after having commenced to use it. • When an owner keeps the business but assigns the trademark, the owner wants to use the mark and allow use by one or more other businesses in return fo fee or royalty. Licensee can then give notice to the public that the use is under license. If use by the licensee is deemed to be use by the registered owner itself so as to preserve thedistinctiveness of the mark (section 50). o A licensed user cannot transfer the right to use a mark, and a breach of any of the terms license will normally constitute an infringement of the trademark. • For franchise agreements, the franchiser will usually require that the franchisee market goods or services under the franchiser’s trademark. o Strict conditions in agreement (quality control, purchasing of supplies and equipment, advertising, use of trademarks, trade names, designs etc) o Breach of contract by franchisee terminates right to use trademark; continued use = infringement Copyright Statutory Origin • Copyrights are governed by statute NOT common law • No common law action for infringement • In Canada, the law of copyright is governed by the Copyright Act, which covers writing, drawings, paintings, musical scores, movies, radio etc. International Treaties • Canada is part of the Berne Convention (includes 150+ countries). An author who is a citizen of a Convention country has copyright protection in Canada and any other country who is part of the convention • Canada also adheres to the Universal Copyright Convention. The Universal Copyright o To get protection in USA, follow practice with the C symbol or work copyright followed by owner and year of publication • Canada is signatory of WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty (developed by World Intellectual Property Organization), which require participating countries to adopt domestic legislation creatin copyright enforcement remedies with significant infringement deterrence effect. Reform – Why and When • Computers and the Internet have made it easy to access, copy, distribute, and alter copyrighted material very easily creating tension between owners and users • Since 1996 WIPO treaties, Canada developed copyright reforms to address downloading, uploading, sharing, updating, copying and storing electronic material o Owners’ rights are prioritized o Criminalization of these activities, strong enforcement procedures and remedies to support for security technology in form of Digital Rights Management Technology (system collecting data about licensing, payment, use and authenticity of a work) and Technological Protection Measures o However, users feel DRMTs violate privacy rights and do not distinguish between acceptable and unacceptable copying. • September 2011: new majority government introduced Bill C-11, a copyright bill that mainly addresses: downloading, fair dealing and the role of DRMTs Difference between Canada and USA • US follows DMCA strictly o Support owner rights o DRMT use is supported o ISPs are required to turn over the names of subscribers that download stuff illegally • Canada hasn’t enacted legislation like that o Support user rights o Opposed to DRMT use to monitor private usage o Privacy laws forbid arbitrary release of subscribers’ names by ISPs Nature of Copyright • Rights of Owner: o Right to produce/reproduce work or substantial part in material form o Right to perform/deliver work in public o Right to publish an unpublished work  The act is “media neutral” o Right to translate work o Right to convert work from one form into another (novel into play etc) o Right to make recording or film of work o Right to communicate the work by telecommunication o Right to exhibit work in public o Right to authorize any of the above (section 3) o Basically, power to restrain others from doing any of the things that the owner can do o Copyright arises automatically without registration or publication o Transferrable to other persons or companies • Moral Rights: o Right to integrity of the work o Right to prevent distortion or mutilation of the work o Right to prevent it from being used in association with some product, service, cause or institution o Where the work is copied, published, performed, the right to be associated with the work as author or to remain anonymous Limits to Copyright • No copyright in any work unless and until it is created • No copyright in an idea or thought • “Borrowing” the plot from another novel but expressing it in your own words may be plagiarism but not an infringement of copyright Works in Which Copyright Exists • Copyright exists in every original literary, dramatic, musical, and artistic work (section 5). • Requirement of “originality”: o Work must have originated from creator o No requirement for it to be imaginative, novel or skillful o Independently created by author o Display minimal degree of skill and judgment • Effort is not originality • Literary Works: o Any work that is reduced to writing, printing and “includes tables, computer programs and complications of literary works” (section 2); o Reduction into lasting or retrievable form o No copyright in spoken words o Income tax tables, exam papers etc. • Computer Software: o Protected as literary works (section 2) o Source code and object code, which can be embodied in computer chips or machine-readable forms of software, are under copyright. o Definition under section 2: instruction or statements expressed, fixed, embodied, or stored in any manner, for use directly or indirectly in a computer in order to bring about a specific result o Not every part of a software program is protected by copyright; some parts of the program may be purely functional or minor modifications, and to copy those parts would not constitute infringement. • Dramatic Works: o Definition: any piece for recitation, choreographic work, or mime, the scenic arrangement or acting form of which is fixed in writing or otherwise, cinematographic work, and any compilation of dramatic works (Section 2) o Key element is “fixed in writing or otherwise.” • Communication Signals and Telecommunications: o “Live” broadcast of an event may be a commination signal for reception by the public with broadcaster owning copyright in the communication signals it broadcasts o Protected despite the fact that they are not “fixed” o Communicating work to public thru tele is infringement of copyright unless complies with Broadcasting Act • Musical Works: o Musical composition printed or otherwise graphically produced/reproduced o Live broadcast is protected o Separate protection to sound recordings, despite work itself has copyright (section 18) o Recording of Beethoven’s symphony is protected, despite the fact that copyright on symphony itself expired already • Artistic Works o Section 2 definition: paintings, drawings, maps, charts, plans, photographs, engravings, sculptures, works of artistic craftsmanship, architectural works, compilations of artistic works o Architectural: only on artistic character and design not the methods of construction Protection of Copyright • Registration: o Automatically exists on creation of a work o No registration is necessary o Option to register (section 54) o Confers small advantages:  Presumption that copyright subsists in the work and person registered is the owner • Duration of Copyright in Canada: o During life of author and 50 years after his or her death (section 6) o Estate or assignee of the copyright may use the protection o Photographs are protected for 50 years from making of original negative or plate o Posthumous works – works published only after death of author – protected for 50 years after first publication o Jointly authored works are protected for 50 years after death of last surviving author o Crown copyright persists for 50 yeas from date of first publication • Ownership of Copyright: o Belongs to the creator of a work. o Can have joint copyright (ex. 2 authors for a book) o Separate copyrights within the same work (ex. one for song lyrics, one for music). o Exceptions (all unless otherwise agreed)  Photographs: commissioner, not photographer  Works prepared or published under direction of government belong to Crown  Author of work employed by some other person and work was made during course of employment, copyright belongs to the employer o Section 14: when author assigned a work, copyright reverts automatically to the author’s estate 25 years after death of author; only applies in cases of sole authorship where original copyright belonged to author • Agreement and Licensing o Author may assign it, for value or as gift, pass to heirs upon death o CANNOT transfer moral rights o Can divide copyright between countries or parts of the work o Alternatively, an author can retain the copyright in a work but give the publisher license to print/reproduce and sell it (usually for a royalty). Or can give the copyright to publisher o If author cannot be traced or has been dead for more than 25 years, can perform or reproduce copyrighted work without obtaining consent by paying a prescribed royalty o For musical and dramatic works, the author can assign performing rights of a work to a performing rights socie
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