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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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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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