Teresa Scassa - Blog

Publications - Intellectual Property Law

  • Original Facts: Skill, Judgment and the Public Domain

    “Original Facts:  Skill, Judgment and the Public Domain”, (2006) 51 McGill L.J. 253-278

    It has long been said that facts cannot be protected by copyright.  However, copyright jurisprudence has been less than clear about what constitutes a fact, and about the reasons why facts cannot be copyrighted.  Although the Supreme Court of Canada, in its recent decision in CCH Canadian Ltd. v. Law Society of Upper Canada, restated the principle that facts cannot be copyrighted, the court also set a standard for originality that can easily be interpreted so as to offer copyright protection to facts.  In this paper the author explores the concept of “facts”, and the way in which Canada’s standard for originality might be used to extend copyright to facts.  She examines the policy reasons why facts should not be copyrightable, and argues for an interpretive approach that leaves facts in the public domain.






    in Refereed Articles
    Tags: IP
  • Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction in the Age of Globalization

    Stephen Coughlan, Robert Currie, Hugh Kindred and Teresa Scassa, Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction in the Age of Globalization, Prepared for the Law Commission of Canada, May 31, 2006.






    in Reports/Consultations
    Tags: Privacy Internet IP
  • Intellectual Property Law in the Knowledge Economy

    “Intellectual Property Law in the Knowledge Economy”, Nova Scotia Barristers’ Society, Society Record, December 2005.






    in Other publications
    Tags: IP
  • Copyright in Collective Works

    “Copyright in Collective Works”, (2005) 84 Canadian Bar Review 347-364

    This paper explores the balance between the layers of copyright in collective works.  Focusing on the publication of collective works in digital formats, the author argues that care needs to be taken in determining whether such publications are reproductions of the original work, or new works.  An analysis to determine whether a collective work has been reproduced must respect the limitations of the definition of a collective work, and the balance that must be struck between the two layers of copyright in such works.






    in Refereed Articles
    Tags: IP
  • Book Review: Adam B. Jaffe & Josh Lerner, Innovation and its Discontents: How Our Broken Patent System is Endangering Innovation and Progress, and What to do About It

    Adam B. Jaffe & Josh Lerner, Innovation and its Discontents:  How Our Broken Patent System is Endangering Innovation and Progress, and What to do About It (Princeton University Press, 2004) 236 pp. (2005) 42 Canadian Business Law Journal 316-324.






    in Book Reviews
    Tags: IP
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Intellectual Property for the 21st Century

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Interdisciplinary Approaches

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