Decision

French v. The Royal Canadian Legion, 2023 FC 749

Justice Manson - 2023-05-29

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The Plaintiff brings this simplified action for copyright and moral rights infringement against the Defendant. The Plaintiff is the sole creator and holder of copyright in the work the “Poppy Dalmatian Puppy” (the “Poppy Puppy”). ... The Defendant argues that the Poppy Puppy is a useful article and there have been more than fifty produced, such that there can be no copyright or moral rights infringement. ... As such, I find that the Defendant is protected from the Plaintiff’s infringement claims relating to the Poppy Puppy by operation of subsection 64(2) of the Act. This is dispositive of both the Plaintiff’s copyright and moral rights claims. ... Given the findings with respect to subsection 64(2) of the Act, it is unnecessary to conclude on the substance of the Plaintiff’s moral rights claim. However, the Defendant’s inclusion of these news reports is improper, irrelevant and highly prejudicial to the Plaintiff. There is a stark difference between remaining silent as to the authorship of a work and, as the Legion did, falsely claiming authorship of a work. ... The action is dismissed. The Defendant is shielded from the Plaintiff’s copyright and moral rights infringement actions by operation of subsection 64(2) of the Act.

Decision relates to:

 

Canadian Intellectual Property