COPYRIGHT |
Winkler v. Roy
T-1842-00
2002 FCT 950, Gibson J.
12/9/02
31 pp.
Application to declare applicant (executor of late author's estate) owner of copyright in books--Author during lifetime assigning publishing and other rights to respondent motion picture company forever--Subsequent registration of copyright by other company expunged because not represented and no evidence to show ownership--Applicant sole beneficiary of author's will--Assignment of copyright by author to respondent valid for author's lifetime plus 25 years: Copyright Act, s. 13(4)--Assignment of reversionary interest void: Copyright Act, s. 14(1)--Reversionary interest devolves upon applicant 25 years from death of author--Copyright Act, R.S.C., 1985, c. C-42, ss. 13(4) (as am. by S.C. 1997, c. 24, s. 10), 14(1).