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Ownership of copyright, Works for hire / employment / 07.09.2017

Wiebe v Saskatchewan Institute of Applied Science and Technology, 2007 SKQB 60 (CanLII)

Key Principle: A unionized employee, subject to the terms of a collective agreement, must go through the necessary steps of dispute resolution before applying to a court for a remedy. If the collective agreement specifically addresses matters related to the creation of works and copyright therein...

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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...

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Copyright assignment and transfer, Licensing copyright, Ownership of copyright / 07.09.2017

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...

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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...

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Copyright assignment and transfer, Ownership of copyright / 07.09.2017

Winkler v Roy (Kelley v Roy), 2002 FCT 950 (CanLII).

Key Principle: An owner of a copyright in a work is free to assign or license some or all of the rights associated with that copyright to another person for the entire life of the copyright, which is normally for the life of the author, the...

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Industrial design, Ownership of copyright / 07.09.2017

Schauenburg Industries Ltd v Borowski (1979), 25 OR (2d) 737

Key Principle: The creator of a work is presumed to hold the copyright to the work. While the unauthorized reproduction of a substantial part of a copyrighted machine drawing constitutes copyright infringement, so too may the unfair reproduction of certain important features of such a drawing...

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Copyright assignment and transfer, Ownership of copyright / 07.09.2017

Interbox Promotion Corp v 2428-0414 Quebec Inc, 2003 FC 125

Key Principle: While sporting events do not themselves qualify as works capable of attracting copyright protection, television reproductions of sporting events may. In the case of televised programming, generally both the programming itself and the communication signal by which it is transmitted is protected by copyright....

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Ownership of copyright, Works for hire / employment / 07.09.2017

Corso v Nebs Business Products Ltd (2009), 2009 CarswellOnt 1410

Key Principle: By default, an employer owns the copyright to any patentable product that his employee produces in the course of employment. It makes no difference if the employee calls the product a personal project, or whether he initially develops it on his own time. Summary: The Situation: You...

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Ownership of copyright, Works for hire / employment / 27.09.2016

Kennedy v. Ruminski, 2014 FC 526

Key Principle: Employers are automatically vested with copyright in any work employees produce during their employment, unless there is an agreement to the contrary. Where an employee’s prior work becomes commingled with work produced during employment, an employer can claim an interest in that prior work...

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Material subject to copyright, Ownership of copyright / 27.09.2016

Kroeger v. Amar II Canada Productions Inc., 2002 BCSC 1099

Key Principle: Unless there is evidence to suggest the contrary, a musician holds all copyright interest in a musical work that he or she creates and records. This interest extends to the master recording for the musical work, and as such, no other person has the...

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