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Sookman LSUC Copyright Presentation 2009 Year in Review

Sookman LSUC Copyright Presentation 2009 Year in Review

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Published by barry sookman
Barry Sookman Copyright Update (2009), for the 14th Annual Law Society of Upper Canada Intellectual Property Law - The Year in Review
Barry Sookman Copyright Update (2009), for the 14th Annual Law Society of Upper Canada Intellectual Property Law - The Year in Review

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Published by: barry sookman on Jan 15, 2010
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05/27/2010

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Barry B. Sookman
Copyright Update (2009)
14
th
Annual Law Society IntellectualProperty Law – The Year in Review
959015
January 14, 2010
 
22
Canadian Decisions
 
Robinson v. Les Films Cinar Inc,2009 QCCS 3793
Claim for infringement of copyright and moral rights in
The Adventures of Robinson Curiosity,
an educational and children'stelevision series project, by a series called
Robinson SUCRO
.
Originality:
The Tribunal had no hesitation in concluding thatthe work
Curiosity wa
s an original work including drawings,synopses, scripts, scenarios, the theme song and characters.
Substantial part:
 “The qualitative criterion expresses the ideathat once we reproduce what is the essence, substance or vitalpart of a protected work it is infringement. This can happen evenif it reproduces only few lines of text also important or a singlecharacter from a comic or a few bars of a musical [work]…. TheCourt concludes that defendants have reproduced the essence,substance and vital part of the work
Curiosity.” 
(All translationsby Google Translation)
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