Maltz v. Witterick, 2016 FC 524
| Judge | Boswell, J. |
| Court | Federal Court (Canada) |
| Case Date | May 10, 2016 |
| Jurisdiction | Canada (Federal) |
| Citations | 2016 FC 524 |
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16 practice notes
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Doan v. Canada, 2023 FC 968
...not pleaded an objective prejudice to herself or the Copyright Infringement Class Members’ honour or reputation (Maltz v Witterick, 2016 FC 524 at para 49; Collett v Northland Art Company Canada Inc, 2018 FC 269 at para 22), nor anything related to the distortion or modification of t......
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Winkler v. Hendley,
...of ideas”: CCH at paras 8, 14–15, 22; Hager v ECW Press Ltd, [1999] 2 FC 287 (TD) at para 44; Maltz v Witterick, 2016 FC 524 at paras 29–32. This does not mean that literary works on historical or factual subjects are less worthy of copyright protection. It simply means......
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Equustek Solutions Inc. v. Jack, 2020 BCSC 793
...H & R Block Canada Inc. [1995] F.C.J. No. 962 at para. 35; Cinar Corporation v. Robinson, 2013 SCC 73, cited in Maltz v. Witterick, 2016 F.C. 524, paras. 35-38. [267] Counsel for the plaintiffs prepared comparative tables in their written submissions, which were derived from exhibits at......
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Thomson v. Afterlife Network Inc., 2019 FC 545
...that there is both a subjective and objective aspect to the test to establish infringement of moral rights. [42] In Maltz v Witterick, 2016 FC 524, [2016] FCJ No 484 (QL) [Maltz], Justice Boswell noted the requirements to establish breach of moral rights at para 49: [49] Section 28.2 of the......
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10 cases
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Doan v. Canada, 2023 FC 968
...not pleaded an objective prejudice to herself or the Copyright Infringement Class Members’ honour or reputation (Maltz v Witterick, 2016 FC 524 at para 49; Collett v Northland Art Company Canada Inc, 2018 FC 269 at para 22), nor anything related to the distortion or modification of t......
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Winkler v. Hendley,
...of ideas”: CCH at paras 8, 14–15, 22; Hager v ECW Press Ltd, [1999] 2 FC 287 (TD) at para 44; Maltz v Witterick, 2016 FC 524 at paras 29–32. This does not mean that literary works on historical or factual subjects are less worthy of copyright protection. It simply means......
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Equustek Solutions Inc. v. Jack, 2020 BCSC 793
...H & R Block Canada Inc. [1995] F.C.J. No. 962 at para. 35; Cinar Corporation v. Robinson, 2013 SCC 73, cited in Maltz v. Witterick, 2016 F.C. 524, paras. 35-38. [267] Counsel for the plaintiffs prepared comparative tables in their written submissions, which were derived from exhibits at......
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Thomson v. Afterlife Network Inc., 2019 FC 545
...that there is both a subjective and objective aspect to the test to establish infringement of moral rights. [42] In Maltz v Witterick, 2016 FC 524, [2016] FCJ No 484 (QL) [Maltz], Justice Boswell noted the requirements to establish breach of moral rights at para 49: [49] Section 28.2 of the......
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5 firm's commentaries
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Obituary Piracy Assessed
...the lack of permission, found infringement of the author’s copyrights. On the moral rights claim the Court applied Maltz v Witterick, 2016 FC 524, finding that is both a subjective and objective aspect to the test to establish infringement of moral rights and Collett v Northland Art Company......
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Obituary Piracy Assessed
...the lack of permission, found infringement of the author's copyrights. On the moral rights claim the Court applied Maltz v Witterick, 2016 FC 524, finding that is both a subjective and objective aspect to the test to establish infringement of moral rights and Collett v Northland Art Company......
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Copyright Year In Review 2016
...should not in law attract copyright (being purely mechanical captures from the videos). This was also rejected. In Maltz v. Witterick, 2016 FC 524, a film maker alleged copyright in the film had been violated by an author's book which, all agreed, had been inspired by the story told in the ......
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Creative Facts Not Afforded Copyright Protection
...of the original portion of the Plaintiff's work and was not copyright infringement. Winkler comes five years after Maltz v Witterick, 2016 FC 524 ('Maltz') in which the Federal Court also considered copyright infringement of a non-fiction work. In Maltz, Justice Boswell found an author's fi......
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