Sweat of the Brow, Creativity, and Authorship: On Originality in Canadian Copyright Law
Why this work is in the frame
A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.
Bibliographic record
Abstract
The paper offers a theoretical analysis of the tension between "sweat of the brow" and "creativity" approaches to the "originality" requirement in recent Canadian copyright jurisprudence. The paper formulates that tension as one between two different and incompatible versions of the very meaning and purpose of copyright law. On the one hand, the "sweat of the brow" approach reflects a "misappropriation" model of copyright law, for which fairness to the author as laborer is the central and animating concern. On the other hand, the "creativity" approach reflects a "public interest" model of copyright law, for which the production and dissemination of authorial works in the name of the public interest is the central and animating concern. In that context, the paper reveals the neglected influence of a third vision of copyright law: the "authorship" model. On that basis, the paper shows that, because it is not framed in terms of the traditional opposition between author and public, the authorship model offers a vision of copyright law for which respect for authorship is consistent with the public domain. In so doing, the paper engages themes fundamental to the Supreme Court of Canada's recent landmark decision in CCH Canadian Ltd. v. Law Society of Upper Canada.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.009 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it