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The Supreme Court recently granted leave to appeal in four
copyright cases arising from the decision of the Quebec Court of
Appeal in the France Animation v. Robinson, 2011 QCCA 1361 case. Robinson alleged that
Cinar's cartoon Robinson Sucroë was a copy of his
own work Robinson Curiosité. The trial judge found
infringement and the Court of Appeal upheld the judgment, in part,
but reduced the damages award.
The cases canvass many copyright issues including:
the application of the standard of originality to partially
completed work
the test for infringement when there has been substantial
alterations and improvements to the original work
the scope of the terms "cinematographic work" and
"maker" within meaning of s. 2 of Copyright
Act
the application of the patent standard for calculating profits
in a copyright case under the Supreme Court's Monsanto Canada Inc. v. Schmeiser
decision
There is also a very interesting discussion of the basis for
awarding punitive damages for copyright infringement under Quebec
law.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Canada, China And Copyright Law (Presentation)
