The Court recognized original skill and judgment in legal publishing while protecting appropriately limited library copying for research.
The dispute involved Legal publishers sued the Law Society of Upper Canada over copying at its Great Library. Publishers claimed copyright in edited judgments, headnotes and compilations and challenged the library's custom photocopying service and self-service copiers. The Law Society had an access policy limiting copying to appropriate research and similar purposes.
The central question was Whether the publishers' material was original, whether library copying was fair dealing for research or private study, and whether offering photocopiers amounted to authorization of infringement.
Originality requires independent skill and judgment beyond a purely mechanical exercise, not a novel idea. Fair dealing is a user's right; research is read generously and fairness is assessed using purpose, character, amount, nature, alternatives and effect. The access policy made custom copying fair, and supplying photocopying equipment did not itself authorize infringement.
Disposition: Law Society appeal allowed and publishers' cross-appeal dismissed; copying under the Great Library's access policy was not infringement on the facts.
Primary source: Supreme Court of Canada, CCH Canadian Ltd. v. Law Society of Upper Canada, 2004 SCC 13. Full official reasons.