COPYRIGHT |
Infringement |
Masterfile Corp. v. World Internett Corp.
T-959-00
2001 FCT 1416, Simpson J.
20/12/01
18 pp.
Application for summary judgment against 17 respondents, for default judgment against 4 defendants for alleged breach of applicant's copyright in 149 images copied in design of respondents' websites--Applicant stock image company, in business of acquiring exclusive rights to images under contracts with artists of different kinds including illustrators, photographers--Respondent Taalwood Internet Marketing in business of designing websites for customers--Admitted that, without licence, copied images from Masterfile's CD-ROM when designing websites for customers--Five Masterfile contracts with various artists reviewed in connection with parties' submissions--Under fourth, fifth Contract, Masterfile not exclusive licensee--Masterfile's deemed assignments not valid under Canadian law--Assignments can be limited in variety of ways but some certainty required--At minimum, assignment must exist, must be signed--Masterfile has no standing to prosecute action--Motion for summary judgment dismissed--With regard to applicability of presumption of copyright under Copyright Act, s. 34.1(2), Copyright Notice found on Masterfile's CD-ROM not entitling it to benefit of presumption as artists' names not shown--Once copyright challenged in absence of registration, requirements of Act, s. 34.1(2) must be satisfied--Respondents used Masterfile's images in format different from one in which offered for sale--Respondent Marcia Woods not personally liable as not indifferent to issue of infringement--Exemplary damages awarded against respondent Worldsites, but not against any of other respondents--Copyright Act, R.S.C., 1985, c. C-42, s. 34.1 (as enacted by S.C. 1997, c. 24, s. 20).