What is the current state of the law on copyright protection for obscene material?

British Columbia, Canada


The following excerpt is from Aldrich v. One Stop Video Ltd., 1987 CanLII 2766 (BC SC):

The Imperial Copyright Act of 1911, s. 31, provided that: “No person shall be entitled to copyright … otherwise than under and in accordance with the provisions of this Act” or other enabling statute. Thus copyright became a purely statutory right; however, the English courts continued to refuse copyright protection for obscene works, apparently without consideration of this change. An example is Glyn v. Weston Feature Film Co., [1916] 1 Ch. 261, in which the plaintiff brought an action for the alleged infringement by the sale and exhibition of a burlesque film.

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