snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Tag Archives: substantial reproduction

Historical Facts and Copyright: the Maltz v. Witterick Case

Posted in Copyright

On May 10, 2016, the Federal Court of Canada rendered its decision in Maltz v. Witterick,[1] denying the Applicants, Judy Maltz, Barbara Bird and Richie Sherman, producers of a documentary called No. 4 Street of our Lady (the “Documentary”), an award in damages for breach of copyright and infringement of moral rights allegedly caused by Jennifer L. Witterick, author of the book My Mother’s Secret (the “Book”).

In re-examining the question of whether a particular set of facts can be subject to copyright protection, this case sheds light on the “substantial taking” test as … Continue Reading

Unusable Copies and Copyright Infringement

Posted in Copyright, Intellectual Property

Copyright law offers up a panoply of interesting questions, which often verge on the philosophical. One such question is: if one tries to make a copy of something, but the copy is defective and useless, has one made a copy at all? According to a recent decision of Master Hanebury, of the Court of Queen’s Bench of Alberta, the answer could be yes.… Continue Reading