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Neudorf v Nettwerk: 10 Dec 1999

Supreme Court of British Columbia – There can be no joint authorship in the absence of a common intention to that effect.
Cohen J said: ‘In the result I find that the test for joint authorship that should be applied to the facts in the instant case is as follows:
i) Did the plaintiff contribute significant original expression to the songs? If yes,
ii) Did each of the plaintiff and Ms McLachlan intend that their contributions be merged into a unitary whole? If yes,
(iii) Did each of the [joint authors] intend the other to be a joint author of the song?’

Judges:

Cohen J

Citations:

1999 CanLII 7014 (BC SC), [2000] RPC 935, [1999] RPC 935

Links:

Canlii

Jurisdiction:

Canada

Citing:

CitedLevy v Rutley CCP 1871
A claim of joint authorship was made in a play entitled The King’s Wager, or The Camp, the Cottage and the Court. The play had been written by a Mr Wilks, to whose work the plaintiff, and others at the plaintiff’s suggestion, had added a scene and a . .

Cited by:

CitedKogan v Martin and Others CA 9-Oct-2019
Dispute over the authorship of the screenplay of a film.
Held: ‘the judgment cannot stand. The judge has adopted an erroneous approach to the evidence, failed to make important findings of primary fact, failed to take account of material . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 09 September 2022; Ref: scu.644133

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