C’right: overview, 2

Other Copyrightable Work

1. Compilations

   1. 
      S.2 defines compilations
      
      1. 
         As a work resulting from the selection or arrangement of literary, dramatic, musical or artistic works or of parts thereof, or
         
      2. 
         A work resulting from the selection or arrangement of data.
         
   2. 
      Requirement:
      
      1. 
         Work must be original in order to attract copyright protection
         
      2. 
         Case example: CCH [ under original requirement]  originality requirement
         
         1. 
            The court stated that in order for a work to be original, you need an exercise of skill and judgment that is more than purely mechanical exercise. The plain meaning of original implies not just creativity, but something more such as intellectual.
            
         2. 
            What is copyrightable
            
            1. 
               Para 33: reported judicial decision when properly understood as a compilation of headnotes and accompany edited judicial reasons, are original works. Copyright protects original form or expression. A compilation takes existing material and casts it in a different form. No copyright in the individual components. Arrangement may have copyright in the form represented by compilation.
               
               1. 
                  Reported judicial decisions meet the test for originality. The author arranged the case summary, catch lines, case title, case information and judicial reasons in a specific manner. Arrangement requires skill and judgment so compilation is met!
                  

2. Collective work

   1. 
      S.2 of the copyright defines collective work as;
      
      1. 
         An encyclopedia, dictionary, year book or similar work,
         
      2. 
         A newspaper, review, magazine or similar periodical, and
         
      3. 
         Any work written in distinct parts by different authors, or in which works or parts of work of different authors are incorporated.
         
   2. 
      Policy question: Why grant copyright in compilation and collective work?
      
      1. 
         Strong incentive for creating copyright because then producers can create economic value resulting in more work created opposed to no economic incentive which may result in no work being created all together. It also provides reward for skill and judgment and a broad societal benefit—labour or personality.
         

   3. Case Example- Robinson v Thompson Corp

      1. 
         FACTS:
         
         1. 
            Robertson a freelance writer wrote 2 articles that were published in print edition and Globe and mail. Later the newspaper place copies of her article in 3 databases. Robinson objected to the presence of her articles in the database and sued the Globe and Mail for unauthorized reproduction of her work.
            
      2. 
         ISSUE:
         
         1. 
            Was the reproduction of Robinson’s articles part of the Globe’s copyright in the newspaper or did it infringe copyright in her work?
            
      3. 
         RATIO:
         
         1. 
            Court held that although a newspaper held the copyright in the collection and the arrangement of freelance articles and in its newspaper, it could not public the articles within a database.
            
         2. 
            Publication within the database would remove the articles from the context of the collective work and would make it globe and mails publication, which they were not.
            
         3. 
            The author held copyright in her articles, and the newspaper held copyright in the compilation or collection of works that contained them.