Copyright Case Being Re-Heard

The Robertson v. Thomson case, heard December 6, 2005, has been ordered for a re-hearing. See the Order from the Supreme Court of Canada (April 7, 2006).

This well-known copyright case regards a freelance writer whose articles were published in the newspaper and then subsequently reproduced in three electronic formats (online, CD-ROM, and electronic index), which she said were not covered by her copyright agreement. When this case first came out in the Ontario courts, I believe news publishers pulled articles by freelance writers from their online services until such time as an updated copyright agreement could be put into place. While that oversight has likely been corrected, Robertson is still in court.

It is interesting to note the case will be re-heard by reviewing the transcript and viewing of the video tape of the hearing. Does anyone know whether this is a common practice, or is this a first?

Related links:

Case information from the Supreme Court of Canada website

Ontario Appeal Court (lower court) decision

Connie’s disclaimer: I am not a lawyer. As such, the summary above is for your convenience only but should not be used in the interpretation of case law for official legal purposes. Really, you should be at least reading the documents yourself, if not getting proper legal counsel!