Canadian Originality: Remarks on a Judgment in Search of an Author

The standard of originality in Canadian copyright law has recently undergone significant transformation.Traditionally a jurisdiction that, in the eyes of many, had adopted a 'sweat of the brow' standard, Canada is now a 'skill and judgment' jurisdiction.2 This chapter (1) describes and contextualizes the shift; (2) analyzes its presuppositions in respect of the Canadian conception of the purpose of copyright law; and (3) identifies difficulties and ambiguities that may preclude its full development.I will argue that the doctrinal shift is in tension with certain 139 1 I would like to thank Ysolde Gendreau for the opportunity to contribute to this discussion of Canadian copyright and its implications.