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English to Chinese Translation documents about Public Policy or National Security

Secondary Infringement 次要侵权
Second, it is an infringement of copyright for any person to
(a) sell or rent out,
(b) distribute to such an extent as to affect prejudicially the owner of the copyright,
(c) by way of trade distribute, expose or offer for sale or rental, or exhibit in public,
(d) possess for the purpose of doing anything referred to in paragraphs (a) to (c), or
(e) import into Canada for the purpose of doing anything referred to in paragraphs (a) to (c),
a copy of a work, sound recording or fixation of a performer’s performance or of a communication signal that the person knows or should have known infringes copyright or would infringe copyright if it had been made in Canada by the person who made it
The scope of the secondary infringement provisions have been the subject of much litigation.
According to CCH (para 81), S. 27(2) requires 3 things:
copy must be the product of primary infringement
2)secondary infringer must have known or should have known that he is dealing with a product of infringement
3)secondary dealing must be established (must have been a sale)
Must possess the knowledge of the act etc.
Secondary Infringement in Courts法庭上的间接侵权
Moral Rights Infringement 精神侵权
28.1 Any act or omission that is contrary to any of the moral rights of the author of a work or of the performer of a performer’s performance is, in the absence of the author’s or performer’s consent, an infringement of those rights.
28.1 任何有悖于作品作者或表演的表演者的人身权的行为或疏忽均未获得作者或表演者的同意,是对他们权利的侵犯。
Nature of right of integrity
''28.2 (1) The author’s or performer’s right to the integrity of a work or performer’s performance is infringed only if the work or the performance is, to the prejudice of its author’s or performer’s honour or reputation, (a) distorted, mutilated or otherwise modified; or (b) used in association with a product, service, cause or institution.

Moral rights are rights of the author cannot be assigned only waived so only author has standing


Similar to article 10 (3) and 10(4) in Chinese act.

Moral rights in Court法庭上的人身权
Moral rights cases are not often litigated:
Snow v. The Eaton Centre (1981)
Moral rights are not subject to the exceptions in the Copyright act such as fair dealing.
Exceptions 特例
Exceptions to Copyright著作权的特例
Exceptions to the Copyright act allow users to engage in activities that might otherwise amount to copyright infringement.
There are three classifications of exceptions that must be considered in this order:
Fair Dealing
2.Other Exemptions
3.Public Policy or National Security
Fair Dealing合理使用
29. Fair dealing for the purpose of research, private study, education, parody or satire does not infringe copyright
29.1 Fair dealing for the purpose of criticism or review does not infringe copyright if the following are mentioned: (Source and source information)
29.1 如果提及一下内容,以批评或评论为目的的合理使用不侵犯著作权:

Enumerated headings of fair dealing are an exhaustive list but the factors are not

. 枚举的合理使用的标题已完全列明,但要素未列明

Fair dealing should be given a 'large and liberal interpretation' (CCH para 51)


Similar to the Article 22 provisions in Chinese law but less specifically defined


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