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Applications for leave to appeal dismissed - 30 April 2015
  • Gowling Lafleur Henderson LLP
  • Canada
  • April 30 2015

On appeal from the judgment of the Nova Scotia Court of Appeal. Mr. MacDonald, respondent, was prosecuted by indictment and ultimately convicted of

When does an employer own copyright in a photograph made by an employee?
  • McCarthy Tétrault LLP
  • Canada
  • September 2 2014

An employee takes a photograph of a customer on the employer's premises. The employee has a signed employment agreement which states that all

As part of wrongful dismissal suit, Court finds copyright infringement in photograph taken by employee, posted by employer
  • Borden Ladner Gervais LLP
  • Canada
  • August 25 2014

This case concerned an instructor (Mejia) who was terminated by his employer (LaSalle) for “professional unacceptable behaviour”. LaSalle claimed

Joint ownership in copyright ordered on basis of a memorandum assigning rights
  • Borden Ladner Gervais LLP
  • Canada
  • June 10 2014

The applicant moved under subsection 57(4) of the Copyright Act to correct the name of the holder of three copyright certificates, by naming the

Moral rights but not copyright
  • Gowling Lafleur Henderson LLP
  • Canada
  • March 27 2014

In an epic saga dating back over 40 years and 6 years of litigation, the Quebec Court of Appeal has released a decision which states clearly that an

Copyright ownership in the course of employment: creator of a Quebec children's cult classic loses royalties suit
  • DLA Piper LLP
  • Canada
  • February 26 2014

In the midst of the culturally effervescent sixties, the Quebec Ministry of Education was trying to develop new means to reach underprivileged

Lessons in copyright ownership: Harmony v. Foss, 2012 FCA 226
  • Bull Housser & Tupper LLP
  • Canada
  • November 29 2012

The recent decision of the Federal Court of Appeal in Harmony Consulting v. G.A. Foss Transport, 2012 FCA 226, once again underlines the importance of understandingand properly recordingthe ownership of copyright in software created by employees and independent contractors

Doing business in Canada
  • Gowling Lafleur Henderson LLP
  • Canada
  • September 17 2012

Unlike the United States, Canada was not created by a unilateral declaration of independence from the colonial occupation of England

Internet and web-browsing: the importance of copyright assignments and potential vicarious liability for employers
  • McMillan LLP
  • Canada
  • April 2 2012

A recent decision from the British Columbia Supreme Court, discussed widely for its application of internet and intellectual property law, also contains some legal implications that Canadian employers should be aware of

Avoiding IP ownership surprises
  • Borden Ladner Gervais LLP
  • Canada
  • February 9 2012

Businesses commonly require their employees and independent contractors to sign agreements assigning ownership of all work product and related intellectual property rights to the business