The Copyright Issues Associated with Judicial Decision-Making (or, Hold on to Your Briefs: Are Judges Required to Cite Material Written by Lawyers?)
Intellectual Property & Technology Law Journal, Vol. 22, No. 4, April 2010
7 Pages Posted: 19 Apr 2010 Last revised: 10 Apr 2012
Date Written: June 20, 2011
Judges sometimes reproduce, verbatim, the written submissions of legal counsel. Often, this verbatim reproduction is not attributed to the author of the brief, factum, memorial or memorandum. This article examines the very delicate question of whether judges are required to cite material taken from the briefs of legal counsel. And whether the failure to attribute the source might amount to judicial misconduct. The article then concludes with a discussion of whether judges hold copyright in their judgments.
Keywords: copyright, judges, ethics, judicial decision making, plagiarism, misconduct, 2011 BCCA 192, Cojocaru, Supreme Court
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