Tag Archives: court cases

Researching Canadian Copyright Law: Primary Resources

The amount of blogs on Canadian copyright law have increased both in quantity and quality over the past few years and most of us have our favourites. However, before examining interpretations and opinions on Canadian copyright law, I recommend that you first read the Copyright Act itself and some of the many important court cases intrepreting Canadian copyright law.

Resources for researching Canadian Copyright Law

Below are primary resources on Canadian copyright law that were helpful in writing Canadian Copyright Law, Fourth Edition as well as posts on this blog related to these resources. Use this list as a starting point and add further resources that engage you.

Canadian Copyright Act

The Canadian Copyright Act and Copyright Regulations are primary sources for Canadian copyright law.

Canadian Government Sites Relating to Canadian Copyright Law

Heritage Canada has information on the history of Canadian copyright law, publications, a glossary and more. It also has a microsite on the Copyright Modernization Act (the most recent amendments to the Canadian Copyright Act.)

At Copyright Board of Canada you can obtain a licence to use works of unlocatable copyright owners, a list of Canadian copyright collectives and more.

The government office responsible for copyright registrations is Canadian Intellectual Property Office (CIPO). CIPO also provides general information on Canadian copyright law. Also see blog post: How to Obtain Permission to Use Canadian Government Content.

Supreme Court of Canada Copyright Cases

Supreme Court of Canada (SCC) cases: The following list shares some important Supreme Court of Canada cases interpreting Canadian copyright law.

World Intellectual Property Organization

The World Intellectual Property Organization (WIPO) administers several copyright treaties to which Canada belongs.

Canadian Copyright Law Questions

Copyright Qs & As on Canadian Copyright Law. This is a forum where you can see various questions and answers and post your own questions.

Copyright in the Supreme Court of Canada in December 2013: Cinar v. Robinson

It’s not everyday that the Supreme Court of Canada deals with copyright issues. In late December 2013, the court issued its decision in Cinar Corporation v. Robinson.

The facts first. The educational children’s tv show, The Adventures of Robinson Curiosity, was created by Robinson. He wrote the scripts and synopses, created the characters, drew detailed sketches and storyboards, and designed promotional materials. Robinson never created a tv series based on all of his work. Cinar did create a series; Robinson sued Cinar for basing its tv series (called Robinson Sucroë) on Robinson’s work. Robinson claimed that Cinar’s show had many non-literal similarities in characters and their environment.

The Quebec Court awarded substantial damages; that decision was affirmed for the most part by the Quebec Court of Appeal. Which brings up to the Supreme Court of Canada decision. The Supreme Court ruled in favour of Robinson which leads us to the conclusion that a TV series can be protected without word-for-word copying.

Highlights from Cinar v. Robinson

Supreme Court of Canada ruling on copyright infringementBelow are some highlights from the court’s decision:

  • the Canadian Copyright Act “does not give the author a monopoly over ideas or elements from the public domain, which all are free to draw upon for their own works.”
  • an infringement takes place when a substantial part of a work is used without permission. The Court stated: “As a general proposition, a substantial part of a work is a part of the work that represents a substantial portion of the author’s skill and judgment expressed therein.”
  • “A substantial part of a work is not limited to the words on the page or the brushstrokes on the canvas. The Act protects authors against both literal and non-literal copying, so long as the copied material forms a substantial part of the infringed work.”
  • the Court stated that what is important in a copyright infringement case is the extent of the similarities between the two works in questions, and not the extent of the differences.

Click here to read the Supreme Court of Canada case Cinar Corporation v. Robinson.