ARTICLE · 02 FEBRUARY 2014

Copyright Infringement – What Is A Substantial Part Of A Work?

Goldman Sloan Nash & Haber LLP

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The unauthorized reproduction of a substantial part of an original work constitutes copyright infringement, for which a copyright owner can seek various remedies.

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The unauthorized reproduction of a substantial part of an original work constitutes copyright infringement, for which a copyright owner can seek various remedies. A recent decision of the Supreme Court of Canada considered the issue of when a substantial part of a work has been reproduced.

The Facts

Claude Robinson spent years developing an educational children's television show, "The Adventures of Robinson Curiosity" ("Curiosity"). Curiosity was inspired by Daniel Defoe's novel Robinson Crusoe and Robinson's life experiences. Robinson created characters, drew detailed sketches and storyboards, wrote scripts and synopses, and designed promotional materials for his Curiosity project.

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