Crown Copyright 2.0 in Canada

摘要

In 2019, the Supreme Court of Canada rendered the first decision in its history on Crown copyright in Keatley Surveying Ltd v Teranet Inc. The opinions written by the majority judges and by the concurring judges deal with issues that are fundamental to this concept and draw comparisons with the equivalent Australian High Court decision, Copyright Agency Ltd v New South Wales. At the same time, both groups of judges wanted to ensure that their decision is consonant with the approach that the Court has taken to copyright law since it started, at the beginning of the century, to be actively interested in its policy underpinnings. This article looks at the different reasonings that the judges adopted and includes comments on their pronouncements as well as on some points on which they remained silent.