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 Applicant as the holder. The certificates are currently in the name of a programmer who either worked for or with the applicant. The main issue was whether the works were created during the course of employment, or whether they were partners.
The Court found that the applicant established an interest in the certificates. However, subsection 13(3) of the Copyright Act, which vests copyright in the employer, was found not to apply due to a memorandum between the two parties. The memorandum provides 80% ownership to the applicant, 20% to the respondent. In the result, the Court ordered that the registration certificates reflect joint ownership over the works.