Question

CANADIAN LAW

Chapter 9 – Ideas and Information

Name 2 works protected under copyright law and how is that protection obtained?

What qualifications must be met for a work to qualify for copyright protection?

What is meant by moral rights?

Explain the defenses to an action for infringement of copyright.

Explain the remedies for an action for infringement of copyright.

What are 2 other types of intellectual property (besides copyright)?

Do privacy laws apply to organizations in the private sector as well as the public sector.

Answer 1

Two types of work that are protected by copyright law are literary works (which includes computer software);   musical works, including any accompanying words. Copyright law gives you a set of rights that prevents other people from copying your work and doing other things with your work that you may not like.

To qualify for copyright protection the work must be aboriginal work of authorship and which are in tangible form of expression.

Moral rights refer to the rights of the owner of such creative artist to protect the ownership of their work.

Anyone who exploits the right of copyright without the owner’s permission is said to have committed copyright infringement. Defenses may include proving in court that the infringing work is "substantially similar" to the copyrighted work.

Remedies may include infringer paying the copyright owner the amount of money the infringer made from using the work or that the owner would have made if the infringement had not happened.

Two other types of intellectual property are patents and trademarks

Privacy laws deal with the use of personally identifiable information of individuals and they apply both for private sector and public sector organizations.PIPEDA (PERSONAL information protection and electronic documents act) regulates privacy in private sector organizations.