but is rather the person who fixes them into a concrete expression. Donoghue is a very similar case on its facts and in its result. Mr. Donoghue was an ex-jockey who is under contract with Allied Newspapers to tell stories about his days racing horses so that the stories may be written down and printed in the newspaper. Although the column when published holds Donoghue out to be the author, the court decided that all of the writing was done by a newspaper staff member. As in Glenn Gould, the person who relates the story or the idea was held not to be the author because they did not fix the story into a concrete form and thereby transform it from an idea to an expression. The notion of fixation at play here is derived from Canadian Admiral Corp. v. Rediffusion Inc. Gould Estate and Donaghue make it clear that fixation is a necessary condition for authorship, but they do not hold that fixation is a sufficient condition for authorship. So much is clear in Donoghue when Farwell J states that [I]f an author employs a shorthand writer to take down a story which the author is composing, word for word, in shorthand, and the shorthand writer then transcribes it, and the author then has it published, the author and not the shorthand writer is the owner of the copyright. A mere amanuensis does not, by taking down word for word the language of the author, become in any sense the owner of the copyright. This qualification of the rule of fixation is supported by the facts of Donaghue because the court comments that "I doubt very much whether [Mr. Donaghue] would, unaided, find it easy to write a series of articles for any newspaper at all." This comment by the court reasonably permits the reader to conclude that in the opinion of the court, all of the skill and judgement in the expression of the article derived from the journalist. Consequently, the journalist was more than a mere scribe. In summary, there is case law which provides that an author in the meaning of section 13(1) of Canada's Copyright Act must fix the work into a semi permanent form, but cannot be a mere amanuensis and must provide the originality and the skill and judgement of that expression. Historical Exceptions to section 13(1): Section 13(2) Section 13(2) of Canada's