Copyright Alert
A long-simmering issue of dispute regarding copyright and the legal profession is coming close to a conclusion. The National Copyright Committee of the Federation of Law Societies of Canada has consistently argued that the permitted purposes in the Copyright Act for the use of legal resource materials (e.g. judicial and tribunal decision and reports, statutes, regulations, legal commentaries, extracts from treatises, and articles, including summaries, head notes, formatting and other editorialization thereof) should expressly include copying for the purposes of research, review, private study, and submission to a court, tribunal, government or other public authority.

In December 1997, the Law Society of Upper Canada commenced legal action against several law book publishers--Carswell’s, CCH, and Canada Law Book--to obtain a court declaration that the Society and its members do not infringe on the copyright of the law book publishers when photocopying legal materials for private study, research or use in court.

Prior to final arguments being presented in the case (January 1999), CanCopy advertised the availability of license agreements for law firms to address photocopying of legal materials. The value and scope of royalty fees will likely be affected by the current litigation, thus all lawyers and library administrators are advised to refer to the National Copyright Committee’s December 1998 Notice to the Profession when considering such a license agreement. The notice can be viewed online (www.flsc.ca/English/copyrightnoticedec98.htm) or requested through the Federation at 514.875.6350.


Passages: Strongitharm, Edward Drewry, QC
Life Bencher and former Treasurer of the Law Society (1970 - 1971), Edward (Ted) Drewry Strongitharm, QC, passed away on October 19, 1998 in Nanaimo where he had practised law from 1948 to 1992. Ted was well respected as counsel, prosecuting and defending in more than 50 murder trials during his career, and acting in numerous significant civil cases. Justice Ralph Hutchinson of Nanaimo said of Ted, “He was a fair and honourable opponent with a deep love of the law. He enriched my life and that of others in many ways.” Ted will be missed by his wife of 55 years, Margaret Strongitharm, their four children and four grandchildren.

This article was published in the February 1999 issue of BarTalk. © 1999 The Canadian Bar Association. All rights reserved.