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Use yourself sentence. And follow that format. 1. Robertson v. Thomson Corp. 200

ID: 329345 • Letter: U

Question

Use yourself sentence. And follow that format. 1. Robertson v. Thomson Corp. 2006, 274 D.L.R. (4th) 138; [2006] 2 SCR 363; 2006 SCC 43 (CanLII In 1995 Heather Robinson, a freelance journalist, wrote two articles for the Globe and Mail. The Globe and Mail republished the articles, including them on CD-ROMs as essentially an archived record of the newspaper. They also made the articles available through an online database. She brought this action for breach of her copyright in those articles. She challenged both the inclusion of the newspaper in the CD-ROM as well as well as the making available of the articles in the online database as unauthorized reproductions of her work without compensation. She sued, claiming a violation of her copyright. Explain the arguments on both sides and the likely outcome.

Explanation / Answer

Answer:-

Caption: Robertson v Thomson Corp.

Cause of Action: The plaintiff had written 2 articles for the defendant Globe and Mail. The work of the artist was reproduced on the defendant’s website and on a CD-ROM, without taking copyright permission from the plaintiff.

Legal Issues and Rules:

The reproduction of the article was from the newspaper’s database. Database is not considered as reproduction of the author’s original work. Moreover, CD ROM presented the article as the part of the newspaper in which it was originally released. Hence, there was no copyright violation in this case.

Ruling and Reason: The plaintiff’s appeal was dismissed.

Citation: Robertson v. Thomson Corp., [2006] 2 S.C.R. 363, 2006 SCC 43

New York Times Co. v. Tasini, 533 U.S. 483 (2001)

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