Our study pertains to the contractual overridability of copyright by the use of end user licence agreements. Our analysis is divided into three parts: first, we try to solve which legislator is responsible of the contractual overridability of copyright according to Canadian federalism. In the second part, we examine the contractual overridability issue under copyright law and we consider multiple doctrines that can be used to protect the copyright balance and its exceptions. The third part, is devoted to the study of the contractual overridability under provincial private law. / Under copyright law, the most important remedies are definitely the copyright balance and exceptions imperativity and the copyright misuse doctrine. Private law can already be used to intervene under the true and informed consent requirements, the Consumer Protection Act specificities and the abuse of right theory.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.112601 |
| Date | January 2007 |
| Creators | Ferron, Christian. |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | French |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Faculty of Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 002712309, proquestno: AAIMR51418, Theses scanned by UMI/ProQuest. |
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