CSC (Supreme Court of Canada) Intellectual property – Copyright – Infringement – Right to reproduce work – Newspaper publishers reproducing in databases and CD-ROMs articles by freelance and staff writers published in newspapers – Freelance author bringing class action against newspaper publishers for copyright infringement – Whether newspaper publishers entitled to reproduce in databases and CD-ROMs freelance articles acquired for publication in newspapers and staff written articles – Copyright Act, R.S.C. 1985, c. C 42, s. 3(1).
Intellectual property – Copyright – Licences – Whether licence from freelance author granting right to newspaper publishers to republish his or her articles in databases and CD-ROMs must be in writing – Copyright Act, R.S.C. 1985, c. C-42, s. 13.
Civil procedure – Class actions – Class members – Newspaper publishers reproducing in databases and CD-ROMs freelance and staff writers’ articles published in newspapers – Freelance author bringing class action against newspaper publishers for copyright infringement – Whether staff writers should have been certified as members of class.
Judges:
McLachlin C.J. and Bastarache, Binnie, LeBel, Deschamps, Fish, Abella, Charron and Rothstein JJ
Citations:
2006 SCC 43, 353 NR 104, [2006] 2 SCR 363, 2006 SCC 43
Links:
Statutes:
Jurisdiction:
Canada
Cited by:
Cited – Grisbrook v MGN Ltd and Others ChD 16-Oct-2009
The claimant sought an order committing officers of the defendant company for having failed to obey a court order requiring the defendant to cease infrigement of his copyright in photographs. He operated as a photographer of celebrities selling . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property
Updated: 09 November 2022; Ref: scu.376160
