In this digital age, electronic evidence is ubiquitous. Websites, blog postings, social media pages, and emails abound. Even in the “real world” a video or still camera is almost always at hand — most smartphones and tablets have such a function. For lawyers, these materials are rich with potential evidence in a wide variety of cases.
But what about rights to copyright? Under the Copyright Act, copyright vests as soon as copyrightable expression is fixed in a tangible medium — no registration being required. As soon as someone snaps a picture (or videos an event) on their iPhone, they are an author and hence copyright owner. Is a lawyer who gathers such evidence and submits it in a court or arbitration proceeding without permission an infringer?
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