Translated version of 11-France_Animation,_s.a._c._Robinson,_[2011]_J
Style of Cause:
France Animation, Robinson bag
FRANCE ENTERTAINMENT SA, CHRISTOPHE IZARD, RAVENSBURGER + FILM
TV GmbH and RTV Family Entertainment AG, APPELLANTS
(500-09-020014-098) - Defendants
and
Cinar Corporation and FILMS INC. CINAR. CALL
(500-09-020033-098) - Defendants
and
Christian Davin, APPELLANT (500-09-020034-096) - Respondent
and
RONALD A.
RONALD WEINBERG and A.
WEINBERG, as sole
liquidator of the estate of the late Micheline Charest,
CALLER (500-09-020035-093) - defendant and defendant
continuance of suit
c.
CLAUDE ROBINSON and PRODUCTIONS INC. NILEM., RESPONDENTS -
applicants
and
BBC Worldwide Television, Theresa Plummer-Andrews, HELEN
Charest and McRAW HOLDINGS INC., AT ISSUE - Defendants
and
Page 1of 67Translated version of 11-France_Animation,_s.a._c._Robinson,_[2011]_J12/29/2011http://translate.googleusercontent.com/translate_f
VIDEAL GESELLSCHAFT VON ZUR HERTELLUNG AUDIOVISUELLEN
Produkten MHB and 3918203 CANADA INC.., AT ISSUE - put
involved
[2011] JQ no 9469
2011 QCCA 1361
EYB 2011-193354
2011EXP-2382
I 2011-1327
EYB 2011-193354
[2011] RJQ 1415
Nos: 500-09-020014-098, 500-09-020033-098, 500-09-020034-096,
500-09-020035-093 (500-05-021498-967)
Court of Appeal of Quebec
Registry of Montreal
The Honourable France Thibault JA, Benoit Morin and JCA
François Doyon JA
Heard: 18, 19, 20 and April 21, 2011.
Minutes: July 20, 2011.
(274 ss.)
Intellectual property - Copyright - Related Legislation - Provincial Legislation -Criteria for copyright protection - originality - Objects of Copyright - LiteraryWorks - Books and other writings - Violation - Direct injury - Remedies - Damages -Compensatory - punitive or exemplary - Distribution of profits - Wienberg Cinar anddo not demonstrate a palpable and overriding error in the analysis and the judge'sconclusion regarding the character original work of Robinson Curiosity - The factthat this is a project that has not been completed is not an impediment to the workto be protected to the extent that it is sufficiently developed and goes beyond thestage of ideas - The judge made errors that led him to pay a sum considerablyexaggerated in terms of punitive damages - Appeal allowed in part.
Page 2of 67Translated version of 11-France_Animation,_s.a._c._Robinson,_[2011]_J12/29/2011http://translate.googleusercontent.com/translate_f
Wienberg, Cinar and several other individuals and companies are appealing against adecision allowing in part the action for infringement of copyright for Robinson andhis company Nilem Productions Inc..
(Nilem).
In 1982, Robinson drew the firstsketches of the characters of the proposed children's television series to be calledRobinson curiosity and he sets the characters and their character in a literaryform.
In 1985, the Copyright Office issues a registration certificate indicatingthat Robinson Robinson Curiosity is the author of the work and Nilem is the owner.
Robinson and Nilem multiply efforts for the promotion and production of their work.
They contact several companies, including Cinar.
Considerable efforts have beenexhausted.
In September 1995, there is diffusion in Quebec the first episode ofRobinson Sucro, work produced by Cinar France Animation and Ravensburger.
Robinsonand Nilem believe there are too many similarities between Sucro and curiosity.
In1996, they brought an action for infringement and damages against Wienberg andpersons and companies involved in the dissemination of Sucro Robinson.
The trialjudge allowed the action in part and awarded damages totaling $ 5,224,293.
Theruling was challenged in terms of the original character of the work of Robinson,the personal liability of certain defendants appellants and the calculation ofdamages.
HELD: Appeal allowed in part.
Wienberg and Cinar do not demonstrate a palpable andoverriding error in the analysis and conclusion of the judge regarding theoriginality of the work Robinson curiosity.
The fact that this is a project that hasnot been completed is not an impediment to the work to be protected to the extentthat it is sufficiently developed and goes beyond the ideas stage .
Although theCourt does not share all the grounds of trial decision, Wienberg and Cinar notconvinced that the judge committed a reviewable error in concluding that there wassubstantial recovery of the work Robinson Curiosity, except relates to music rights.In this regard, the judge erred in concluding the inseparability of the musical workand the literary work of Robinson Sucro.
He also erred in holding the personalresponsibility of Davin, CEO of France Animation.
The facts do not establish that heknew the infringement or played any role in it.
In addition to the legal fees of $1.5 million, Robinson and Nilem receive compensatory damages of $ 725,839, paying $260 577 in profits and punitive damages of $ 250 000 overall.
Legislation cited:
Charter of Rights and Freedoms, ss.
6, Art.
49
Quebec Civil Code, art.
1480, art.
1525, art.
1526, art.
1621, art.
2849
Under the Canada Business Corporations Act, art.
228
Law on Copyright Act, RSC (1985), c.
C-42, art.
2, art.
3 (1), Art.
3 (1) (a), Art.
13 (4), Art.
14.1 (1), Art.
27 (1), Art.
34 (1), Art.
34 (2), Art.
35, art.
35 (1)
Lawyers:
Me Pierre Y.
Lefebvre, Mr. Alain Y.
Dussault and Mr. Silviu Bursanescu (FaskenMartineau DuMoulin LLP), counsel for the appellants, France Animation SA, ChristopheIzard, Ravensburger Film + TV GmbH and RTV Family Entertainment AG.
Mr. William Brock and Mr. Aubé-Christine Gagnon (Davies Ward Phillips & Vineberg
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