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Gould Estate V. Stoddart Publishing Co. Ltd.
''Gould Estate v Stoddart Publishing Co Ltd'' (1998), 39 OR 555 (Ont CA), is a Canadian case on appropriation of personality, the ownership of copyright, and requirements of fixation. Background During 1956, Jock Carroll interviewed a young Glenn Gould for an article in '' Weekend Magazine''. Carroll documented much of the encounter, he took pictures of Gould, wrote notes and took an audio recording of the interview. All of this was permitted by Gould. The article was eventually published under the title "I Don't Think I'm at All Eccentric". Gould died in 1982. In 1995, Stoddart Publishing published Carroll's book, ''Glenn Gould: Some Portraits of the Artist as a Young Man''. The book contained 70 photographs from the 1956 interview, as well a narrative that was largely based on the 1956 notes and recording, including many quotations by Gould.Gould Estate v Stoddart Publishing Co, 1996, para. 1 The estate of Glenn Gould brought an action against Carroll and Stoddart Publishi ...
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Ontario Court Of Appeal
The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice). Description The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, constitutional law, criminal law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions was the 2003 ruling in '' Halpern v Canada (AG)'' that found defining marriag ...
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Copyright Infringement
Copyright infringement (at times referred to as piracy) is the use of Copyright#Scope, works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to produce derivative works. The copyright holder is usually the work's creator, or a publisher or other business to whom copyright has been assigned. Copyright holders routinely invoke legal and technological measures to prevent and penalize copyright infringement. Copyright infringement disputes are usually resolved through direct negotiation, a notice and take down process, or litigation in Civil law (common law), civil court. Egregious or large-scale commercial infringement, especially when it involves counterfeiting, or the fraudulent imitation of a product or brand, is sometimes prosecuted via the criminal justice system. Shifting ...
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1998 In Canadian Case Law
1998 was designated as the ''International Year of the Ocean''. Events January * January 6 – The ''Lunar Prospector'' spacecraft is launched into orbit around the Moon, and later finds evidence for Lunar water, frozen water, in soil in permanently shadowed craters near the Moon's poles. * January 11 – Over 100 people are killed in the Sidi-Hamed massacre in Algeria. * January 12 – Nineteen European nations agree to forbid human cloning. * January 17 – The ''Drudge Report'' breaks the story about U.S. President Bill Clinton's alleged affair with Monica Lewinsky, which will lead to the Impeachment of Bill Clinton, House of Representatives' impeachment of him. February * February 3 – Cavalese cable car disaster (1998), Cavalese cable car disaster: A United States military pilot causes the deaths of 20 people near Trento, Italy, when his low-flying EA-6B Prowler severs the cable of a cable-car. * February 4 – The 5.9 February 1998 Afghanistan earthquake, Afghani ...
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Canadian Copyright Case Law
Canadians () are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity and Canadian values. Canada has also been strongly influenced by its linguistic, geographic, ...
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Cambridge University Press
Cambridge University Press was the university press of the University of Cambridge. Granted a letters patent by King Henry VIII in 1534, it was the oldest university press in the world. Cambridge University Press merged with Cambridge Assessment to form Cambridge University Press and Assessment under Queen Elizabeth II's approval in August 2021. With a global sales presence, publishing hubs, and offices in more than 40 countries, it published over 50,000 titles by authors from over 100 countries. Its publications include more than 420 academic journals, monographs, reference works, school and university textbooks, and English language teaching and learning publications. It also published Bibles, runs a bookshop in Cambridge, sells through Amazon, and has a conference venues business in Cambridge at the Pitt Building and the Sir Geoffrey Cass Sports and Social Centre. It also served as the King's Printer. Cambridge University Press, as part of the University of Cambridge, was a ...
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Krouse V Chrysler Canada Ltd
''Krouse v. Chrysler Canada Ltd.'' is generally thought to be the first case to clearly acknowledge the existence in Canada of a tort of appropriation of personality. Background Bob Krouse was a well-known professional football player with the Hamilton Tiger-cats who played as the number 14. Grant Advertising was an advertising firm whose clients included Chrysler Canada. In 1969, Grant had produced an advertising scheme for Chrysler which included a cardboard scorecard that was distributed to the public. The scorecard was known as the "Plymouth Pro Football Spotter" which allowed football fans to track scores. On the Spotter was an image of Krouse from behind with his number 14 clearly visible. Krouse sued Chrysler for use of his image without his consent. The judgment below The claim that was presented was considered to consist of five distinct elements: ::(i) invasion of privacy ''per se''; ::(ii) appropriation of the plaintiff 's identity for commercial purposes; ::(ii ...
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Court Of Appeal For Ontario
The Court of Appeal for Ontario (frequently mistakenly referred to as the Ontario Court of Appeal) (ONCA is the abbreviation for its neutral citation) is the appellate court for the province of Ontario, Canada. The seat of the court is Osgoode Hall in downtown Toronto (also the seat of the Law Society of Ontario and the Divisional Court of the Ontario Superior Court of Justice). Description The Court is composed of 22 judicial seats, in addition to 10 justices who currently sit supernumerary. They hear over 1,500 appeals each year, on issues of private law, Canadian constitutional law, constitutional law, Canadian criminal law, criminal law, Canadian administrative law, administrative law and other matters. The Supreme Court of Canada hears appeals from less than 3% of the decisions of the Court of Appeal for Ontario, therefore in a practical sense, the Court of Appeal is the last avenue of appeal for most litigants in Ontario. Among the Court of Appeal's most notable decisions w ...
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Massey Hall
Massey Hall is a performing arts auditorium in Toronto, Ontario, Canada. Opened in 1894, it is known for its outstanding acoustics and was the long-time hall of the Toronto Symphony Orchestra and the Toronto Mendelssohn Choir. Although originally designed to seat 3,500 patrons, after extensive renovations in 1933 the capacity was reduced to 2,765. Its extensive history includes concerts by many of the most famous artists of the past century and more, across many musical genres, which is a pattern that continues to the present day. Massey Hall was a gift to the people of Toronto from industrialist Hart Massey. Massey Hall was designated a National Historic Sites of Canada, National Historic Site of Canada on June 15, 1981. The hall closed in July 2018 for a two-year-long renovation and restoration. The project includes a new seven-storey addition incorporating a performance studio and a new concert space, the Allied Music Centre. Massey Hall's re-opening was delayed by the COVID- ...
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Obiter Dictum
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "said in passing",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, any remark in a legal opinion that is "said in passing" by a judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: '' ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be '' ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply '' dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obite ...
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Stoddart Publishing
Stoddart Publishing was a Canadian book publisher and distributor, owned by Jack Stoddart, which ceased operations in 2002. History In 1967, General Publishing purchased the Musson imprint, based in Canada, from British publisher Hodder & Stoughton. Musson provided publishing services in Canada for other publishing houses, in addition to publishing its own line of Canadian authors. In 1984, Stoddart Publishing became an imprint of General Publishing, taking over the line of Canadian authors from Musson. In 1995, Stoddart published a book by photographer Jock Carroll, '' Glenn Gould: Some Portraits of the Artist as a Young Man'', being a collection of photographs of the late Canadian pianist, accompanied by captions written by Carroll. The photographs and narrative were based on an interview with and photos taken by Carroll of Glenn Gould in 1956, at the initiative of Gould's agent. Gould had died in 1982. Gould's estate and his personal corporation sued Stoddart and Carroll f ...
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Ontario Superior Court Of Justice
The Superior Court of Justice (French: ''Cour supérieure de justice'') is a superior court in Ontario. The Court sits in 52 locations across the province, including 17 Family Court locations, and consists of over 300 federally appointed judges. In 1999, the Superior Court of Justice was renamed from the Ontario Court (General Division). The Superior Court is one of two divisions of the Court of Ontario. The other division is the lower court, the Ontario Court of Justice. The Superior Court has three specialized branches: Divisional Court, Small Claims Court, and Family Court. The Superior Court has inherent jurisdiction over civil, criminal, and family law matters at common law. Although the Court has inherent jurisdiction, the authority of the Court has been entrenched in the Canadian Constitution.
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Montreal Star
''The Montreal Star'' was an English language, English-language Canada, Canadian newspaper published in Montreal, Quebec, Canada. It closed in 1979 in the wake of an eight-month pressmen's strike. It was Canada's largest newspaper until the 1950s and remained the dominant English-language newspaper in Montreal until shortly before its closure. History The paper was founded January 16, 1869, by Hugh Graham, 1st Baron Atholstan, and George T. Lanigan as the ''Montreal Evening Star''. Graham ran the newspaper for nearly 70 years. In 1877, ''The Evening Star'' became known as ''The Montreal Daily Star''. As well as news and editorials, the ''Star'' sometimes created its own topics of interest; in the late 1890s it sponsored a world tour for journalist Sarah Jeannette Duncan, and printed a series of features about her adventures. In the 1890s the ''Star'' began voluntary audits of its circulation figures, and called for government regulation to control inflated circulation cla ...
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