Official case update

Robertson v. Thomson Corp., 2006 SCC 43

The Supreme Court held that publishers couldn't rely on newspaper collective copyright to republish freelance articles in databases that stripped them from the original newspaper context. The CD-ROM editions preserved the collective work and were permitted.

Source reviewed · Court holding

Held. The Supreme Court held that publishers couldn't rely on newspaper collective copyright to republish freelance articles in databases that stripped them from the original newspaper context.

Freelance writer Heather Robertson challenged electronic reproduction of articles first published in newspapers. The publishers argued that copyright in their newspapers as collective works allowed distribution in large searchable databases and CD-ROM collections.

The Supreme Court dismissed Robertson's appeal and allowed the publishers' cross-appeal only concerning CD-ROM editions. The five judge majority distinguished online archives that stored individual articles outside the original newspaper compilation from CD-ROMs reproducing distinct editions. The collective work right didn't itself authorize republishing freelance articles in those decontextualized electronic databases. However, an electronic reproduction that retained the newspaper's essential form was permitted.

The Court didn't finally resolve issues about implied licences and remedies. Four judges dissented in part on the cross-appeal, supporting a broader view of the publishers' collective-work copyright. The decision isn't a blanket ban on digital archiving. It highlights the need to establish which rights attach to individual contributions when creative work moves into a new distribution format.

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Robertson v. Thomson Corp., 2006 SCC 43