“Distinguishing Functional Literary Works from Compilations: Issues in Originality and Infringement Analysis”, (2006) 19 Intellectual Property Journal 253-269
In CCH Canadian v. Law Society of Upper Canada, the Supreme Court of Canada set out the standard for originality in Canadian copyright law. Originality was a central issue in the recent decision of the Quebec Court of Appeal in Bonnette c. Dominion Blueline Inc. In this paper, the author examines how the Court of Appeal applied the new standard of originality. In the course of the analysis, the author establishes the importance of properly distinguishing between functional literary works and compilations both for an analysis of originality and for the infringement analysis.
