Glossary
civil law: Derived from Roman law, civil law codifies legal principles into one statute. In Quebec, the Civil Code embodies most legal obligations, such as family law, property law, responsibility for negligent behavior (tort law does not exist), and commercial transactions. Most European countries, Scotland, the province of Quebec, and the state of Louisiana are governed by civil law.
common law: Derived from British legal traditions, common law relies on judicial precedents set by prior court decisions to determine the development of legal principles, rather than on legal enactments. Common law derives its authority from rules of the court, custom, judicial reasoning, prior court decisions, and principles of equity. Canada and the United States (with exceptions noted in the above definition), England, New Zealand, and Australia are common-law countries.
law of agency: A contractual relationship authorizing a person or corporation to act on behalf of another person or corporation under specific and limited circumstances.
neighboring rights: Recently introduced into Canadian law, neighboring rights protect performers and producers of recordings, and broadcasters’ communication signals. They are similar to copyright but can be distinguished because they give additional rights to users of material already protected by copyright. Consequently, performers and producers of sound recordings and broadcasters (as well as copyright holders) can be remunerated for their use of copyright protected works.
tariffs: Similar in principle to royalties, tariffs are fixed by the Copyright Board upon application by a collective society of their proposed rates.
| Chapter 10: Another Perspective | |
| A. Introduction | |
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B.
Options for Administration of Intellectual Property |
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