“Copyright only protects original expressions, which require skill and judgment to create so it does not protect historical facts,” Simpson tells LegalMattersCanada.ca. ‘Copyright only protects original expressions’
While Hendley and his publisher, James Lorimer & Company Ltd, admitted using Kelley’s books along with other sources, they successfully argued that Kelley’s original The Black Donnellys was published as a true crime novel and that the “facts” it recounted are not subject to copyright protection. The suit alleged Hendley copied Kelley’s “fictional events, his creative embellishments of historical events, and his cinematic story-telling style.” Kelley claimed that Nate Hendley’s 2004 book The Black Donnellys: The Outrageous Tale of Canada’s Deadliest Feud infringes copyright in Kelley’s 1954 book, The Black Donnellys and its sequel, Vengeance of The Black Donnellys. Hendley, a Federal Court decision dealing with two books based on the infamous “Black” Donnellys, whose ongoing 1880s feud with neighbours in Lucan, Ont., led to bloodshed and murder. Simpson, principal of IP and new media law boutique Shift Law Professional Corporation, says that fact is borne out in Wi nk ler v.
It has often been said that one cannot rewrite history but that is not necessarily the case when it comes to copyright law, says Toronto intellectual property lawyer John Simp son.Intellectual property law continued to be a hot topic in 2022 - January 2, 2023.New legislation will be needed to deal with AI’s expanding scope - February 16, 2023.Using AI to copy photos ‘raises an interesting legal question’ - March 21, 2023.
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