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copyright law translation from English to Chinese

Users Rights 使用者权利
Recent judicial history has led to a more prominent focus on Users rights and the idea of balance in copyright law.

Starting with the 2003 Théberge decision, courts have begun to harken back to the idea that copyright should be a balance between users, creators and disseminators.


“User rights are not just loopholes. Both owner rights and user rights should therefore be given the fair and balanced reading that befits remedial legislation.” Professor Vaver (CCH, 48)

Judicial Trends 司法趋势
Since Thebérge, exceptions to copyright such as Fair dealing have become more readily accepted by the courts.

Theberge (2003)


CCH Decision (2004)


Pentalogy (2012)

Judicial trends reflect the practices of modern users and changing societal/technological attitudes towards copyright-protected works.
Case Study: Théberge案例研究:Théberge案
Théberge v. Galerie d'Art du Petit Champlain Inc. [2002] 2 S.C.R. 336, 2002 SCC 34
Théberge诉佩蒂山普伦艺术画廊公司,案号: [2002] 2 S.C.R. 336, 2002 SCC 34

Facts: Artist’s work was licensed for use for cards and posters and was used on canvas instead


Issue: Was canvas use within the licensee’s right


Ratio: Canvas use was within licensee’s rights


Analysis: Once an authorized copy of a work is sold to a member of the public, it is generally for the purchaser, not the author, to determine what happens to it. Excessive control by holders of copyrights and other forms of intellectual property may unduly limit the ability of the public domain to incorporate and embellish creative innovation in the long-term interests of society as a whole, or create practical obstacles to proper utilization


Question: which parties (authors, rights holders, users etc) should the courts protect

Infringement 侵权
Infringement 侵权
Copyright Infringement in Canada can take a number of forms but is concerned with those who directly violate, help to distribute or enable infringing of copyrights or moral rights. They fall into the following categories:
1. Primary infringement 1. 主要侵权
2. Indirect Infringement 2. 间接侵权
3. Moral Rights infringement 3. 人身权侵权
4. Intermediary liability 4. 中介责任
13 Primary Infringement 主要侵权
27. (1) It is an infringement of copyright for any person to do, without the consent of the owner of the copyright, anything that by this Act only the owner of the copyright has the right to do.

This provision typically refers to any of the s. 3 various rights (ie reproduction, performance and publication).


The violation must be in regards to one of these rights.

Substantial Part 实质部分
Based on the language in section 3, for a work to be infringing it must reproduce a ‘substantial part’ of the original.

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