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Fixation is a threshold consideration that must be used in copyright infringement cases by courts to determine if copyright actually exists. In Canada, a work "must be expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance"〔Canadian Admiral Corp v Rediffusion Inc., () 20 C.P.R. 75, para 28.〕 to be subject to copyright protection. Fixation is not a statutory requirement in Canada and the rationale for its use in court has been the subject of much scrutiny. == Case Law == In Canadian Admiral Corp. v. Rediffusion Inc., () 20 C.P.R. 75, the plaintiffs had purchased the exclusive right to live telecasts of football matches played by the Montreal Alouettes. Rediffusion Inc., the defendant, had taken those live telecasts and re-transmitted them to its own subscribers without license or permission. Canadian Admiral alleged copyright over the live telecasts and this was the central issue in the case. The court found that in order for copyright to apply, there must be "something definite and ascertainable to protect".〔Canadian Admiral Corp v Rediffusion Inc., () 20 C.P.R. 75, para 30.〕 Mere spoken words, not reduced to a definite ascertainable form which can be referred to at any time is not sufficient to create copyright. Rather, a work "must be expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance."〔 Thus, in the case of musical or dramatic works, musical notation or a script, would be respective examples of the requisite fixation.〔 In contrast, live telecasts, lack any tangibility or permanence. Rather, images are captured on the field and transmitted to viewers as a television signal. The signal itself, constantly changing. While the plaintiff had argued that the process was analogous to a cinematographic production or photograph (both being subject to copyright), the court rejected this argument. Films and photographs produce something of a material form of more or less permanent endurance, that is, a negative of the image (or series of images).〔Canadian Admiral Corp v Rediffusion Inc., () 20 C.P.R. 75, para 35.〕 Note: * There is no copyright in the match itself. Broadcasting rights (the right Canadian Admiral Corp obtained) is grounded in real property (as opposed to intellectual property) concepts. The right purchased by the broadcaster is a right of access to the venue and to record what is happening. * There is no dispute that a recorded match would be subject to copyright. It is only whether there is copyright in the live telecasts. * Originality of the work is not contested in this case. The telecasts are not subject to copyright because they are not fixed. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Fixation in Canadian copyright law」の詳細全文を読む スポンサード リンク
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