The legal nature of the copyright licence under Canadian law
By: by Frédéric Brand.
Published: 2005
Language: eng
Number of pages: 65
Subjects: University of Toronto. -- Faculty of Law. -- Dissertations.; Copyright licenses -- Canada.; License agreements -- Canada.; Copyright -- Canada.
Description: An analysis of the transaction framework established by the  Copyright Act, shows that the statute provides for two different forms of licences. While non-proprietary licences merely create personal claims of the licensee against the licensor, proprietary licences establish an interest in the copyright. Conceptually, this interest may be understood as a direct legal bond connecting the licensee with the underlying copyright, thus not affected by a change in the ownership of the copyright.Despite the practical importance of copyright licences, there is no established view in both the Canadian jurisprudence and legal literature how the latter have to be conceived of theoretically.Further it is proposed that while exclusive licences always create such an interest, non-exclusive licenses are not precluded from having this effect as a matter of principle. Whether or not the latter amount to an interest must rather be determined on a case-by-case basis.
Notes: Thesis (LL.M.)-University of Toronto, 2005.

Includes bibliographical references.

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