CCH Canadian Ltd. v. Law Society of Upper Canada: Case Comment on a Landmark Copyright Case

• Author: Parveen Esmail
• Pages: 13-24

13 AP PE AL  V OL UM E 10  2005

CCH CANADIAN LTD. v. LAW

SOCIETY OF UPPER CANADA

CASE COMMENT ON A LANDMARK

COPYRIGHT CASE

Parveen Esmail

Introduction

Intellectual property laws exist to encourage inventors and

creators to invest time and resources in the development of new

works and inventions by granting them limited monopolies over

their works.

1

This is vital in the field of intellectual property as

ideas can be stolen or copied more easily than in other areas of

property law.

2

The law of copyright is the subset of intellectual

property law that is concerned with the protection of the

expression of ideas.

The Law of Copyright

Section 3(1) of the Copyright Act

3

states that, for the purposes of the

Act, “copyright” includes “the sole right to produce or reproduce the

work or any substantial part…in any material form whatever…”

Copyright protects the expression of ideas, but the protection does

1

P. Jones, “Can Parties A gree to Restrict Copyright Act’s Fair Dealing Rights?”

(26 September 2003) 23:20 The Lawyers Weekly.

2

Ibid.

3

R.S.C. 1985, c. C-42.