In Robertson v. The Thompson Corporation, the Ontario Court of Appeal had to consider whether a newspaper that placed an article from the paper written by freelance writer in two electronic databases violated the writer's copyright.
The Court stated:
"I agree with the motion judge that the Globe prima facie infringed the freelance author’s copyright. In order to fall within the Globe’s collective copyright, the reproduced database must have constituted the newspaper, “or any substantial part thereof in any material form whatever”. Since I conclude that a database is not a newspaper and that what the Globe reproduced did not have the qualitative aspects of a substantial part of its newspaper, the Globe’s cross-appeal on this issue must fail."
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