The present study deals with the prerogatives associated with work distribution in copyright law. The first part is devoted to the droit de destination and the exhaustion doctrine. We will illustrate each one with legislative and jurisprudential examples. While these theories are often regarded as opposite, they in fact are dissimilar juridical solutions. The exhaustion doctrine derives from an economic conception of copyright law whereas the droit de destination originates from natural law focussed on the interests of the author. The second part is concerned with the fact that a coherent theory on work distribution in Canadian copyright law has yet to be established. It will be shown how the legislator and the jurisprudence have developed means to assure that, after the first distribution of the work, the copyright holder is still in the position to control some of its use. Finally, I will proceed to analyse the regime that deals specifically with parallel imports allowing the copyright holder to supervise imported works.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.31162 |
| Date | January 2000 |
| Creators | Hickey, Jonathan L. |
| Contributors | Gendreau, Yeolde (advisor) |
| 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 (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001786624, proquestno: MQ70342, Theses scanned by UMI/ProQuest. |
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