2750achapter16notes - Chapter 16 Intellectual Property...

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Chapter 16: Intellectual Property, Computers, and Internet Intellectual Property: the expansion of internet information transmission, along with society’s greater reliance on computers in general, has created pressure to enact more significant intellectual property laws most legislation protecting intellectual property is federal, with copyright and patent legislation being exclusively granted to the federal government in the Constitution Act 1867 Copyright: o The Copyright Act gives the owner the copyright a monopoly over the use of the created work, prohibiting copying or reproduction of the work without permission o Only the actual work itself it protects, not the ideas or though behind it Matters Covered: o To be copyrightable, work must be original and the product of the author’s skill o Court acknowledged the need for the copyright act to be media or technology neutral o In other words, copyright principles ought not to be affected by the medium of the work or the technology used o Computer programs protected Creation: o In Canada, the creation of the work generates copyright protection automatically o There is no need to register or even publish the work o For a person to obtain copyright protection in Canada, he or she must be a citizen or resident of Canada, or a citizen, subject, or resident of one of the countries that adhere to the Berne copyright convention, universal copyright convention UCC, or Rome convention Ownership: o Copyright belongs to the person who created the work or to the employer where the work was created as part of employment, unless there is an agreement otherwise o Once copyright has been created, its owner can assign or license it, all or in part, to someone else o The owner of the copyright can assign it to someone else, but even then, the author will continue to have moral rights in the work o Copyright holder has complete control over rights for author’s life plus 50 years o Infringing copyright includes situations where a person tries to obtain a benefit from the sale, reproduction, distribution, performance, broadcast, or other commercial use of the work
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2750achapter16notes - Chapter 16 Intellectual Property...

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