CCH Canadian Ltd. v. Law Society of Upper Canada

CCH Canadian Ltd. v. Law Society of Upper Canada

The Court held that although the publishers’ headnotes, case summaries, topical index and compilations are original works protected by copyright, the Law Society’s custom photocopy service produced single copies for the purpose of research and constituted fair dealing under s.29; the Law Society did not authorize infringement by providing self-service copiers nor commit secondary infringement by fax or sale, and therefore no injunction was warranted.

Citation
2004 SCC 13
Parties
Appellant/respondent on Cross Appeal: Law Society of Upper Canada; Respondent/appellant on Cross Appeal: CCH Canadian Limited; Respondent/appellant on Cross Appeal: Thomson Canada Limited c.o.b. as Carswell Thomson Professional Publishing; Respondent/appellant on Cross Appeal: Canada Law Book Inc.; Intervener: Federation of Law Societies of Canada; Intervener: Canadian Publishers’ Council and Association of Canadian Publishers; Intervener: Société québécoise de gestion collective des droits de reproduction (COPIBEC) and Canadian Copyright Licensing Agency (Access Copyright)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
4 March 2004
Procedural Posture
Copyright Appeal and Cross Appeal / Appeal and Cross Appeal to the Supreme Court of Canada From the Federal Court of Appeal (decision on Appeal Dated 2004 03 04)
Outcome
Appeal allowed; cross-appeal dismissed
Legal Topics
Originality, Fair Dealing (research), Authorization of Infringement, Library Exemption, Secondary Infringement, Communication to the Public (telecommunication), Injunctions
Source Language
English
Intellectual Property Copyright Law Originality Fair Dealing (research) Authorization of Infringement Library Exemption Secondary Infringement Communication to the Public (telecommunication) +1 more

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Parties

Law Society of Upper Canada

Appellant/respondent on Cross Appeal

CCH Canadian Limited

Respondent/appellant on Cross Appeal

Thomson Canada Limited c.o.b. as Carswell Thomson Professional Publishing

Respondent/appellant on Cross Appeal

Canada Law Book Inc.

Respondent/appellant on Cross Appeal

Federation of Law Societies of Canada

Intervener

Canadian Publishers’ Council and Association of Canadian Publishers

Intervener

Société québécoise de gestion collective des droits de reproduction (COPIBEC) and Canadian Copyright Licensing Agency (Access Copyright)

Intervener

Procedural Posture

Copyright Appeal and Cross Appeal / Appeal and Cross Appeal to the Supreme Court of Canada From the Federal Court of Appeal (decision on Appeal Dated 2004 03 04)

Legal Issues

  1. 1 Whether headnotes, case summaries, topical index and compilations of reported judicial decisions are original works protected by copyright
  2. 2 Whether the Law Society authorized infringement by maintaining self-service photocopiers
  3. 3 Whether the Law Society’s custom photocopy service constituted fair dealing under s.29 of the Copyright Act

Ratio Decidendi

The Court held that although the publishers’ headnotes, case summaries, topical index and compilations are original works protected by copyright, the Law Society’s custom photocopy service produced single copies for the purpose of research and constituted fair dealing under s.29; the Law Society did not authorize infringement by providing self-service copiers nor commit secondary infringement by fax or sale, and therefore no injunction was warranted.

Court Disposition

Appeal allowed; cross-appeal dismissed

Orders

  • Declaration that the Law Society does not infringe copyright when a single copy of a reported decision, case summary, statute, regulation or limited selection of text from a treatise is made by the Great Library in accordance with its Access to the Law Policy
  • Declaration that the Law Society does not authorize copyright infringement by maintaining a photocopier in the Great Library and posting a notice that it will not be responsible for infringing copies