Wiseau Studio et al. v. Richard Harper, 2017 ONSC 6535


Read full decision. Summary prepared by Alan Macek:

Plaintiffs are the performer, writer, director, producer and copyright owner of a film, The Room, which acquired a cult following. The defendants made a documentary chronicling the making of the 'The Room'. 'The Room' was also the subject of a book, that was recently made in a movie that is scheduled for wide release in December. An interim injunction was granted ex parte in June against the release of the documentary. At the hearing for an interlocutory injunction, the Court found that plaintiffs had fallen short of the sort of disclosure required for an ex parte injunction and dissolved the injunction. The Court also considered the test for an injunction and found that the plaintiffs failed to meet the three part test, having considered whether there was a serious issue of copyright infringement, misappropriation of personality, breach of moral rights, passing off, intrusion upon seclusion and fraudulent misrepresentation and breach of contract, as well as irreparable harm and balance of convenience. (Thanks to Zarya Cynader for a copy of the decision)


Canadian Intellectual Property