Legal Wit — No Copyright in Commonplace Technique

Legal Wit — No Copyright in Commonplace Technique

… copyright law does not require novelty in order to find a work original. However, [the plaintiff] cannot establish infringement by relying on his use of the noted unoriginal, commonplace, historical painting techniques. This would be akin to Shakespeare relying on his use of iambic pentameter in his writing or Drake relying on his use of 16 bars to a verse in his music.


Rains v. Molea |  (WestlawNext Canada)
2013 CarswellOnt 11337 |  (Westlaw Canada)
Ontario Superior Court of Justice
© Copyright WestlawNext Canada, Thomson Reuters Canada Limited. All rights reserved.