 In Canada, however, there is no constitutional guidance on how to balance the competing interests of the public with those of the creator or author.In CCH Canadian Ltd. v. Law Society of Upper Canada [2004] SCJ No.12, the Supreme Court of Canada emphasized taking the "middle way" between US and UK copyright law on the question of originality.Even if this "middle way" approach was adopted with regards to fixation, rejecting the US requirement for fixation as one extreme, it remains unclear what this would be mean in actual practice - rather, it may well be the case that "the whole concept of fixation requires rethinking."