A Case Analysis Involving the Benefits of the Copyright and the Infringement of Copyright
Published: Sunday 3rd of November 2013
To have all benefits of the copyright, the very first and crucial thing is to acquire the ownership of the copyright. Normally, if there is only one author of the work with not under any employment relationship or agreements, the author is naturally own the copyright. However, if work is made in the course of employment, things change a little bit, and it can be divided into two case by different type of works. For case one, the work is not articles or other contribution to a newspaper, magazine, or similar periodical, the copyright will grand to the employer of the author instead of the actual author of the work. While the case two, if the work is that as just mentioned, the actual author will have the right to restrain the publication of the work. One good thing or advantage of the copyright is that it not only can assign to others wholly or partially, but also can license the right for others. This is very useful to the owner because they can benefit from their work without losing the ownership of it, which can be used to maximize the profit (Copyright Act). How to define the term of the copyright is very important, since as mentioned previously, the benefit that the owner of copyright will collect sometimes depends on the term. Normally, the copyright is valid until the fifty calendar years after the death of the author. In the case of the joint authorship, the fifty calendar years starts to count from the last death of all authors in the joint authorship. However, there is a special situation that if there are authors that is from the country that is not inside the North American Free Trade Agreement and has shorter years than fifty, it is not eligible to extent the protection in Canada. In addition, in case of posthumous works, since the copyright can be considered as a property, the term of...
