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Once
an author assigns copyright in a work to another person or company,
the author may no longer reproduce or authorize reproductions
of that work; to do so is infringement of copyright. The Copyright
Act also states that it is infringement of copyright for anyone
other than the owner to reproduce "a substantial part" of the
work in any material form. Substantial part is not defined in
the Copyright Act, and is examined from both a quantitative
and qualitative perspective.
From
a quantitative examination, a Court will examine the actual amount
of material copied. If only minor modifications are made from
the original, it is likely that the "new" work will be found to
infringe copyright.
It
does not necessarily follow that reproduction of only a small
percentage of a work will not be found to infringe copyright.
From a qualitative standpoint, if the small part of a work which
is taken is the central or key portion, it may also be found to
infringe.
Copyright
subsists in "every original literary, dramatic, musical and artistic
work." Copyright does not subsist in bare ideas or facts, but
does exist in a form of expression of those ideas or facts. For
example, an idea for a new drug, or the fact that it was released
is not the subject of copyright. However, a newspaper article
on the drug or its release will be the subject of copyright.
This
response is provided for information only, and should not be taken
as legal advice. Anyone who has specific concerns regarding copyright
is advised to obtain the opinion of counsel. |