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Originality

Why I Was Wrong About Originality

When I first read the Supreme Court of Canada’s landmark decision in CCH Canadian Ltd v Law Society of Upper Canada concerning the concept of originality in copyright law, I thought something was amiss. According to the Copyright Act, copyright shall subsist in every original literary, dramatic, musical and artistic work; however, “original” is not […]

Vandals, Remixed: The Copyrightability of “Defaced” Works

Adam Del Gobbo’s recent post addressed some pertinent issues surrounding remix culture, which is outlined in Professor Lawrence Lessig’s 2008 book, Remix:  Making Art and Commerce Thrive in the Hybrid Economy.

Freedom of Expression or Copyright: Should one take precedence over the other?

Tony Pak is a J.D. candidate at Osgoode Hall and is taking the Intellectual Property Theory course. In Neil Netanel’s recent book titled, “Copyright’s Paradox”, he advocates for a copyright system that puts freedom of expression at the forefront. He argues that copyright has been thought of as a property right despite the fact that […]

Should Copyright Law Rethink Authorship?

Daniel Kennedy is a JD Candidate at Osgoode Hall and is taking the Intellectual Property Theory course. Like many words, “authorship” takes on distinct meaning in the realm of copyright law.  However, it may be difficult to divorce historical values associated with the term even when it is used in the legal realm.  In his article, “Copyright and […]

Canadian Originality: Remarks on a Judgment in Search of an Author

Professor Abraham Drassinower (University of Toronto) has a new paper available on SSRN, “Canadian Originality: Remarks on a Judgment in Search of an Author“.  Professor Drassinower describes his paper below. The standard of originality in Canadian copyright law has recently undergone significant transformation. Traditionally a jurisdiction that, in the eyes of many, had adopted a […]