The copyright industry continues to feel the effects of the watershed Théberge and CCH Supreme Court of Canada decisions as a body of cases continues to build on the subject of electronic content. The latest decision, by the Court of Appeal for Ontario and handed down on October 6 sees the court cite both cases in denying a cross-appeal by The Globe and Mail of a lower court ruling that the newspaper does not have the right to publish freelance news articles in online databases without compensating the authors. The appeal court’s decision is heavily influenced by CCH, in particular – unsurprising, since the court asked the parties what the impact of CCH would be on their case given that it was handed down following hearing arguments in the case. As one copyright expert told Canadian NEW MEDIA: "when the Supreme Court talks, Canadian courts listen."

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