A recent summary judgment of the Federal Court of Canada
highlights the fundamental principle that copyright protection does
not extend to ideas or facts. The decision illustrates the limits
of the concept of colourable imitation at Canadian copyright law.
It is also a reminder that 'access' to a work is a
necessary element of infringement, and that independent creation is
a full defence to copyright infringement.
In Evans v. Discovery Communications
LLC,1 the defendant broadcaster Discovery
Communications LLC was granted summary judgment dismissing a
copyright infringement claim by self-represented plaintiff Dean
Evans. The plaintiff alleged that episodes from a television show
broadcast by the defendant infringed copyright in Evans' novel,
Glimpses of a Black Ops. Evans' novel explored how
certain modern and near future technologies impact the lives of
individuals as well as society in general; similarly, the TV show,
Futurescape, examined the scientific bases and
