Posts Tagged ‘punitive damages’

Robinson v Cinar in the Supreme Court

December 24th, 2013

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In the last decade, the Supreme Court of Canada has canvassed many important issues in copyright law including the scope of the rights of reproduction and authorization, what makes a work original, and how to apply the fair dealing defense. In its decision released yesterday in Cinar Corporation v. Robinson, 2013 SCC 73, a unanimous Supreme Court released an important precedent dealing with many other core areas of copyright including the framework for how to assess if a “substantial part”  of a work has been reproduced, the assessment of damages for infringement including accounting of profits, non-pecuniary damages and punitive damages, the use of experts in a copyright case, the vicarious liability of directors for infringement, and whether copyright is protected by the Quebec Charter of human rights and freedoms. For copyright lawyers, this case is a goldmine – a treasure trove -of important copyright holdings by the Supreme Court.

Supreme Court hears oral argument in Cinar/Robinson copyright cases (Updated)

February 13th, 2013

Earlier today, the Supreme Court heard oral argument in four copyright cases arising from the decision of the Quebec Court of Appeal in the France Animation v Robinson, 2011 QCCA 1361 case. The main issue in the appeal was whether sketches and characters of the proposed TV series Robinson curiosity were infringed by the series Robinson sucro. The trial judge found infringement and the Court of Appeal upheld the judgment, in part. The webcast from the argument is being archived and will be available here.