[23][24][25], One can deal for either their own purposes or for those of someone else, or they may facilitate same. assets, as well as the mention of our name, should include embedded After the plaintiff has established the existence of copyright infringement, the burden of proof then rests upon the defendant to establish the proper application of fair dealing. In this light, it helps to compare the CCH factors to those considered in the United States"[63]. Limitations on exclusive rights: Fair use", https://en.wikipedia.org/w/index.php?title=Fair_dealing_in_Canadian_copyright_law&oldid=967215908, Creative Commons Attribution-ShareAlike License. See McKeown, supra, at p. 23- 6. For example, in a multi-panel ad featuring a large full-color logo, The Shopping Bag can be used alone as a secondary brand signifier. Our logo works best when it has enough room to breathe. You may use OpenText Marks, subject to restrictions set forth in Agreements and Programs between you and OpenText and/or prior written consent of OpenText, to identify OpenText products, services, and programs on packaging, promotional, and advertising materials, provided you meet the following requirements: The following sections list more specific usages and contexts for OpenText Marks.
Attribution need not occur where it would be impossible for reasons of practicality or otherwise. Your company name or logo, your product or service name, and your graphic identity should be significantly larger than any OpenText Mark. If the reproduced work is likely to compete with the market of the original work, this may suggest that the dealing is not fair. 339 at paragraph 70, Salinger v Random House Inc., 811 F.2d 90 (2d Cir. The focus is on considering the fairness of the goal for which the permitted activity (e.g. For your convenience we have created zip files of our logos for use in print (CMYK) The author of a biography of J. D. Salinger was prevented from quoting or paraphrasing Salinger's ideas displayed in an unpublished, but publicly archived, correspondence written by Salinger. 339, at para 48. [21] As the Supreme Court of Canada stated,fair dealing "must not be interpreted restrictively". The availability of a non-copyrighted equivalent may be relevant: If there is a non-copyrighted equivalent of the work that could have been used instead of the copyrighted work, this should be considered by the court. The Copyright Act does not define what will be "fair"; whether something is fair is a question of fact and depends on the facts of each case. [35], Only a reasonably necessary amount of copying is permitted, but this requirement is interpreted broadly. OpenText ™ (and its affiliates) owns registered and unregistered product names, trade names, trademarks, service names, service marks, and logos (the “Marks”) in Canada, the United States, and in other countries. and on the web (RGB). In either case, fair dealing will be available if all other elements are made out. The dealing may even be defamatory while remaining a fair dealing. In the case of Compagnie Générale des Établissements Michelin-Michelin & Cie v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada),[18] the Federal Court of Canada rejected the defendant's assertion that utilizing the copyright of the plaintiff on a pamphlet criticising the labour practices of the plaintiff in a labour dispute could qualify as fair dealing, because the infringement was a parody and not listed as a permissible purpose. See Beloff v. Pressdram Ltd., [1973] 1 All E.R. As a result, otherwise lawful fair dealing with copyrighted works will be prohibited, thereby nullifying fair dealing rights. research, education) took place. The Supreme Court of Canada issued decisions in five cases on copyright in 2012,[11] two of which directly relate to fair dealing: Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright) (educational use exception to fair dealing)[12] and SOCAN v. Bell Canada et al.
You may not include any OpenText logo or product icon design, whole or in part, in your company logo, your product logo, your app launch tile image, in your software product or service or in your Social Media without prior written consent from OpenText. If you’re feeling unsure about proper use of our logo, it’s always good to ask! This page was last edited on 11 July 2020, at 21:49. In a situation where the brand is already established. A comparative copyright analysis of Canada’s fair dealing to U.K. fair dealing and U.S. fair use", "University of Toronto Copyright Fair Dealing Guidelines", "Copyright, Designs and Patents Act 1988 s.29 and 30", "US CODE: Title 17,107. It has been repeatedly recognized in the US despite not being listed in the Copyright Act of 1976: Leibovitz v Paramount Pictures Corp, Campbell v Acuff-Rose Music Inc., and in Suntrust v Houghton Mifflin. The application of the CCH analysis requires an understanding of copyright law, and many users have sought to simplify this process through the adoption of guidelines quantifying what amounts of a work may be acceptable. Théberge v. Galerie d'Art du Petit Champlain inc. Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), World Intellectual Property Organization Copyright Treaty, http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=5697419, "Warman v. Fournier, 2012 FC 803 at para 31", "Supreme Court of Canada, Scheduled Hearings", "Province of Alberta as represented by the Minister of Education;, et al. 339 at paragraph 72, Columbia Pictures Industries, Inc. v. Gaudreault, 2006 FCA 29, Ashdown v Telegraph Group Ltd.[2002] Ch 149. The availability of a licence is not a relevant alternative in deciding whether a dealing is fair. CCH Canadian Ltd. v. Law Society of Upper Canada [2004] 1 S.C.R. For example, when the logo must live within a square or circle shape. In Governments, the Board, after considering relevant legislation and case-law, concluded that ‘all of the purposes enumerated in sections 29–29.2 of the Act must receive a large and liberal interpretation.' Telefilm Canada’s title and logo are official trademarks of the Corporation. Canada Logo on Chris Creamer's Sports Logos Page - SportsLogos.Net.
339 at paragraph 52, CCH Canadian Ltd. v. Law Society of Upper Canada [2004] 1 S.C.R. Similar to the emphasis on public interest and free of expression required by the Canadian Charter of Rights and Freedoms, the Human Rights Act necessitates a liberal construction to accommodate considerations of public interest.[60]. For further information or questions regarding the Talent Fund logo, please contact Ludovic Jaouen, Advisor, Talent Fund, 438-469-1191, ludovic.jaouen@telefilm.ca. Please note, the ‘S’ on The Shopping Bag is always white, regardless of background color. It should be used in this form whenever possible. They … Amendments to the Copyright Act, in force as of November 2012, have included additional specific enumerated purposes (education, satire and parody). Fair dealing applies to both, but at least in the US and UK, it will be more difficult to prove for unpublished works that the dealing was fair. [13] The Centre for Innovation Law and Policy of the Faculty of Law, University of Toronto,[14] and the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic of the Faculty of Law, University of Ottawa,[15] were among the interveners. Section 48 would impose criminal sanctions upon persons who circumvent such technological locks.
Any act falling within the fair dealing exception will not infringe copyright. 339 at paras 48-50. Probs. 339 at paragraphs 55, 67, CCH Canadian Ltd. v. Law Society of Upper Canada at paragraph 19, CCH Canadian Ltd. v. Law Society of Upper Canada at paragraph 56; see also Alberta (Education) v. Canadian Copyright Licensing Agency (Access Copyright), 2012, CCH Canadian Ltd. v. Law Society of Upper Canada [2004] 1 S.C.R. OpenText™ (and its affiliates) owns registered and unregistered product names, trade names, trademarks, service names, service marks, and logos (the “Marks”) in Canada, the United States, and in other countries.
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