Recent Copyright Developments : Harmonization Opportunities for Canada

The application of copyright law to information and internet technology has presented governmental policy makers and the courts with both a burden and an opportunity to contemplate the comparative features of copyright law and to consider the extent to which a measure of harmonization can and ought to be achieved. In this context, three important topics, all involving recent appellate judicial determinations in Canada, will be discussed. The first topic is the scope and theoretical underpinnings of copyright law in Canada; the second topic involves an analysis of originality in an infringement context concerning non-literal copying of software and concerning the establishment of copyrightability, especially with respect to databases; the third topic concerns developments in Canada with respect to authorizing copyright infringement. Each of these topics presents an opportunity for a consideration of the benefits, or of the lack thereof, of harmonization with other jurisdictions in the application of copyright law to developing technologies. Canada's experience with both the common and civil systems and its geographic and economic proximity to the United States should equip Canada well, enabling courts and policy makers to utilize effectively comparative legal and policy perspectives and thus to ensure that these represent an opportunity instead of a burden