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Barry B. Sookman
bsookman@mccarthy.ca416-601-7949
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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