The Federal Court of Canada struck a claim alleging the defendants copied an idea or concept rather than an artistic work. The plaintiff alleged the defendants “plagiarized a central theme or concept” which was bound to fail as Canadian copyright law does not protect themes or concepts. Further, the plaintiff failed to allege how the work, or a substantial part thereof, was reproduced. Another fatal flaw in a copyright pleading. And, finally, the plaintiff was denied leave to “cure the defects in his [claim] with his [amended claim]” because the amendments failed to permit the defendants to “properly respond” and they “did not allow the court to properly conduct the proceedings.”
