Copyright Cases 2019: Back to Basics and Plenty More

Abstract:

The purpose of this article is to review copyright cases from 2019 through a special lens: namely, by focusing on fundamental principles of Canadian copyright law and how they serve as the foundation for recent developments in the law. The courts’ treatment of core concepts—at provincial and federal levels—was evident in both interlocutory proceedings, such as disclosure orders, and the final disposition of cases, such as summary judgment motions. In particular, the courts reiterated the need to achieve proper balance between owners’ rights and users’ rights under copyright legislation, and emphasized the need for proportionality and fairness in addressing new digital infringements. This “back-to-basics” approach also included a number of take-aways, namely, procedural and substantive lessons for lawyers, litigants, and lawmakers.