s.41 - Technological Protection Measures & Rights Management Information Definition of TPM - s.41 CA Anti-circumvention CR owners who have had TPMs applied to or rights management info to CR works, have been granted additional ability to their CR interest “police” Rights of CR owners with respect to TPMS s.41.1(1) CA – No person shall (a) circumvent a technological protection measure within the meaning of paragraph (a) of the definition protection measure in s.41 “technological (2007) FACTS & HOLDING Use of themes and language from the Holy Blood and the Holy Grail in the DaVinci Code (Dan Brown). Court found that Brown only took generalized propositions, at too high a level of abstraction to qualify for copyright protection RULE The facts, the themes and the ideas cannot be protected but how those facts, themes and ideas are put together (the expression) can be protected FACTS (p.47) RULE To determine whether there was substantial copying for CR infringement, the cumulative effect (not necessarily the quantity) of the features copied from the work must be considered qualitative & holistic – approach - in order to determine whether those features amount to a substantial part of plaintiff’s skill and judgment expressed in his work as a whole. Reproduction may not be an infringement, but substantial reproduction might be. Substantially similar works? Qualitative and quantitative standard: A decision on substantiality is best reached by considering not only what was taken but the context of the taking, including what the taker did with it. Is the copyrighted work, the source? To see this: of copying Infringement inferred from access of independent creation rebuts inference of copying Question of fact - Very complicated process. Substantiality Analysis
s.41 - Technological Protection Measures & Rights Management Information Definition of TPM - s.41 CA Anti-circumvention CR owners who have had TPMs applied to or rights management info to CR works, have been granted additional ability to “police” their CR interest Rights of CR owners with respect to TPMS – s.41.1(1) CA No person shall (a) circumvent a technological protection measure within the meaning of paragraph (a) of the definition “technological protection measure in s.41 (2007) FACTS & HOLDING Use of themes and language from the Holy Blood and the Holy Grail in the DaVinci Code (Dan Brown). Court found that Brown only took generalized propositions, at too high a level of abstraction to qualify for copyright protection RULE The facts, the themes and the ideas cannot be protected but how those facts, themes and ideas are put together (the expression) can be protected FACTS (p.47) RULE To determine whether there was substantial copying for CR infringement, the cumulative effect (not necessarily the quantity) of the features copied from the work must be considered – qualitative & holistic approach - in order to determine whether those features amount to a substantial part of plaintiff’s skill and judgment expressed in his work as a whole. Reproduction may not be an infringement, but substantial reproduction might be. Substantially similar works? Qualitative and quantitative standard: A decision on substantiality is best reached by considering not only what was taken but the context of the taking, including what the taker did with it. Is the copyrighted work, the source? To see this: of copying Infringement inferred from access of independent creation rebuts inference of copying Question of fact - Very complicated process. Substantiality Analysis
IP-CAN.docx