Artist's Legal Information Society

Licensing copyright, Ownership of copyright / 07.09.2017

Setana Sport Limited v 2049630 Ontario Inc (Verde Minho Tapas & Lounge), 2007 FC 899 (CanLII)

Key Principle: In order to prove copyright ownership it must be accepted as fact by the defence or proven with substantive evidence in court. Bald assertions, or simply claiming you own copyright, is not enough. Also, a corporation cannot be the “author” of a work. An...

Ritchie v Sawmill Creek Golf & Country Ltd, 35 CPR (4th) 163 (CanLII)

Key Principle: Oral permission to use photos for a certain purpose provides a defence to an action for infringement. But, oral permission to use them for a certain purpose gives no rights in the photos with respect to suing others for copyright infringement. A grant of...

Licensing copyright, Material subject to copyright, Ownership of copyright / 07.09.2017

Euro-Excellence Inc v Kraft Canada Inc, [2007] 2 SCR 20 (CanLII)

Key Principle: Generally, a distributor of material subject to copyright will not be found to have infringed that copyright if they lawfully received the material in question from the party who owns the copyright. However, if a distributor knows or should have known the party they...

Asher Consultants Ltd v Walter (2000), 2000 SKQB 30

Key Principle: Unless it is made in the course of employment, the creator of a work is presumed to hold the copyright for it. Although the creator of a work may assign copyright to another party, for the assignment to be valid it must be in...