Robertson v. Thomson Corp. is a 2006 Supreme Court of Canada decision on the ownership of copyright in published text that are stored in databases.

Background

In 1995, Heather Robertson, a freelance writer, wrote several articles that were published in the Globe and Mail. Later, the newspaper stored copies of her articles on three databases, including Info Globe Online, an online database of Globe and Mail articles, as well as the Canadian Periodical Index. Heather Robertson found out about the databases and sued the Globe and Mail for unauthorized reproduction of her work.

The issue before the Court was whether the reproduction of Robertson's articles were part of the Globe's copyright in its newspaper or if the reproduction infringes Robertson's copyright in her work.

Lower court ruling

At trial and on appeal, the courts found in favour of Robertson. It was noted that for the Globe to seek protection under its collective copyright the database must constitute a newspaper or consist of a "substantial part thereof in any material form whatever". A substantial part of a newspaper exists in the arranging and formatting of articles, much of which is lost when the articles are put on a database. Thus, the courts found that the database was not merely a newspaper in a different guise but a new work.

Supreme Court of Canada ruling

The Supreme Court of Canada dismissed Robertson's appeal and allowed the cross appeal on the issue of CD-Roms.

See also

• New York Times Co. v. Tasini: a similar US case
• List of Supreme Court of Canada cases (McLachlin Court)

External links

• Ontario Court of Appeal decision
• rehearing order