(But sales do not benefit SOCAN) Michelin v CAW: no mention source/name of original work, did not treat work fairly Michelin v. CAW Michelin failed on trademark issues: no “use” But succeeded on the copyright issues union infringed copyright – by making leaflets Court rejected that parody is criticism analysis and judgment of another “Criticism” connotes work that sheds light on the original CAW did not mention the source and name author’s requires more than passive/implicit “Mention” acknowledgement Did not treat work in a fair manner (i.e. good faith) = free from discrimination, dishonest, “Good faith” impartial US case encourages transformative use, new creation Campbell v. Acuff-Rose – Distinguish transformative work, which supersedes an original, from a derivative work, which includes major components of the original and which infringes s.29.1 for purpose of criticism or review (as long as name of author mentioned) – s.29.2 for purpose of news reporting (as long as name/source of author mentioned – s.29.4 Education copying for classroom display or examination (s.29.4(2)) – S.29.5 - giving student performances of works ( Educational institutions’ s.29.6 - making temporary copies of news programming for Educational institutions’ instruction or other programming for consideration as instructional aid (s. 29.7) s.30 Educational anthologies including some copyright works among mainly matter
(But sales do not benefit SOCAN) Michelin v CAW: no mention source/name of original work, did not treat work fairly Michelin v. CAW Michelin failed on trademark issues: no “use” But succeeded on the copyright issues – union infringed copyright by making leaflets Court rejected that parody is criticism “Criticism” connotes analysis and judgment of another work that sheds light on the original CAW did not mention the source and author’s name “Mention” requires more than passive/implicit acknowledgement Did not treat work in a fair manner (i.e. good faith) “Good faith” = free from discrimination, dishonest, impartial Campbell v. Acuff-Rose – US case encourages transformative use, new creation Distinguish transformative work, which supersedes an original, from a derivative work, which includes major components of the original and which infringes s.29.1 – for purpose of criticism or review (as long as name of author mentioned) s.29.2 – for purpose of news reporting (as long as name/source of author mentioned s.29.4 Education – copying for classroom display or examination (s.29.4(2)) S.29.5 - Educational institutions’ giving student performances of works ( s.29.6 - Educational institutions’ making temporary copies of news programming for instruction or other programming for consideration as instructional aid (s. 29.7) s.30 Educational anthologies including some copyright works among mainly matter
Practitioner(s)_93_Fall_2014_Eric_Hou.docx