MGMT1601 Property Law Assignment: Copyright and Moral Rights in Canada

This assignment solution delves into various aspects of property law, specifically focusing on copyright and moral rights in Canada. It addresses questions related to moral rights, including their existence, transferability, and waiver, referencing the Copyright Act of Canada and the Berne Convention. The assignment explores an author's right to use a pseudonym and the implications of assigning copyright while holding moral rights. It further analyzes scenarios involving the infringement of moral rights, such as publishing prints under the author's real name against their wishes. The solution cites relevant case law, such as Collett v. Northland Art Company Canada Inc., and discusses potential remedies for copyright and moral rights infringement, including damages and punitive measures. The assignment concludes by emphasizing the importance of respecting an author's moral rights, even after copyright has been assigned.

Business Law

Table of Contents
Question 1..................................................................................................................................2
Question 2..................................................................................................................................2
Question 3..................................................................................................................................2
Question 4..................................................................................................................................2
Question 5..................................................................................................................................3
References..................................................................................................................................4
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Question 1
In certain types of work moral rights exists along with copyright. The moral rights remain
with the author or pass to the author's estate after his death. Moral rights cannot be assigned,
unlike copyright. However, moral rights can be waived. Moral rights were first recognized in
France and Germany. The Berne Convention of 1886 has codified moral rights. Under this
convention, the creators have two important rights to receive attribute or not to receive
attribute in connection to the usage of their work, the right to object to any uses of their work.
In its copyright act, Canada has recognized moral rights (Harris, 2014). The copyright act of
Canada includes the right to integrity, attribution, and association of a work. The author of
the work retains moral rights in the length of the work even after the copyright in the work
has been licensed or assigned to another party. Moral rights can be waived but cannot be
assigned or licensed. Copyright law protects the original literary and artistic work but does
not protect any expression or ideas. Even though Abigail sold her copyright to Tom, she still
has the moral rights in the prints. The copyright act of Canada states that even after assigning
the copyright the moral rights remain with the author.
Question 2
Yes, the author of a copyrighted work has the right to use the pseudonym on the prints.
Abigail being the owner of the copyrighted work still has the right to use her pseudonym on
the prints. The copyright office allows the author of the copyrighted work to publish
under a pseudonym or real name. The decision to reveal the real name only affects the
duration of the copyright (Cuming, Walsh and Wood, 2015). On disclosing the real name the
copyright lasts for the duration of the author’s life and 70 years after that. Under a
pseudonym, the copyright lasts for the duration of 95 years from publication or 120 years
from creation.
Question 3
Abigail the owner of the copyrighted work was an advocate against the use of toxin in the
environment. She has donated both her time and money in support of this cause. She has
painted her painting with a non-toxic paint under the pseudonym A.B. King. She then
assigned her copyright to Tom (Phillips, 2013). Tom is prevented from supporting the
opposition to the global organization which aims to end the use of toxins. As Abigail was
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actively preaching against the use of toxins in the environment so Tom being the assignee of
her copyright has the same responsibilities as of Abigail.
Question 4
The moral rights are the rights of the author of the copyrighted work as recognized by the
civil law jurisdiction. The moral right includes the right of attribution, the right to the
integrity and the right to publish the work anonymously or pseudonymously. The moral right
of integrity can be said to be infringed where the work is distorted, mutilated or otherwise
modified. In the case of Collett v. Northland Art Company Canada Inc., 2018 FC 269
(CanLII)) the court held that a photographer can sue an art company for infringing the
moral rights of the photographer and claim damages for the same (Vaver and McLachlin,
2015).
Question 5
Tom has infringed the moral rights of Abigail by publishing her prints by her name when her
moral rights entitle her that she can publish her prints under a pseudonym. Abigail is
entitled to sue Tom and claim damages for copyright infringement, punitive damages, and
infringement of moral rights (Kirton and Madunic, 2009). The link of the Abigail prints with
the family’s corporate website constitutes an infringement of copyright. Punitive damages
can be claimed because what Tom did was planned and deliberate.
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References
Cuming, R., Walsh, C. and Wood, R. (2015). Personal Property Security Law. 4th ed.
Toronto: Irwin Law.
Harris, L. (2014). Canadian copyright law. 4th ed. Hoboken, N.J.: Wiley.
Kirton, J. and Madunic, J. (2009). Global law. 9th ed. Farnham: Ashgate.
Phillips, J. (2013). Property law. 3rd ed. [Toronto]: Faculty of Law, University of Toronto.
Vaver, D. and McLachlin, B. (2015). Copyright Law. 5th ed. Toronto: Irwin Law.
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