Perspectives from Canada
- Queen Mary Studies in Intellectual Property series
Edited by Ysolde Gendreau
Chapter 7: Canadian Originality: Remarks on a Judgment in Search of an Author
7. Canadian originality: remarks on a judgment in search of an author1 Abraham Drassinower 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 ‘sweat of the brow’ standard, Canada is now a ‘skill and judgment’ jurisdiction.2 This chapter (1) describes and contextualizes the shift; (2) analyzes its presuppositions in respect of the Canadian conception of the purpose of copyright law; and (3) identifies difficulties and ambiguities that may preclude its full development. I will argue that the doctrinal shift is in tension with certain 1 I would like to thank Ysolde Gendreau for the opportunity to contribute to this discussion of Canadian copyright and its implications. I would also like to thank Bruce Chapman, Andrea Slane, and Arnold Weinrib for helpful conversations during the preparation of this paper; Arnold Weinrib and an anonymous reviewer for comments on an earlier draft; Sooin Kim for her excellence as a librarian; and the Social Sciences and Humanities Research Council of Canada and the Centre for Innovation Law and Policy at the University of Toronto Faculty of Law for ongoing support. 2 See CCH Canadian Ltd. v. Law Society of Upper Canada,  1 S.C.R. 339 at para. 16 [CCH]. For commentary, see Teresa Scassa, ‘Original Facts: Skill, Judgment, and the Public Domain’ (2006) 51 McGill Law Journal 253; Ramón Casas Vallés, ‘Bibliotecas jurídicas y propiedad intelectual: El caso de la Gran Biblioteca del Colegio...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.