Decision

Cedrom-SNI inc. c. Dose Pro inc., 2017 QCCS 3383

2017-07-24

Read full decision. Summary prepared by Alan Macek:

An authorized media monitoring service and three newspapers, sought an interlocutory injunction against a company that offered press monitoring - including email alerts with title, identification, in some cases the first paragraph, and a link to the article all copied from the online articles of the plaintiffs. On the motion, the court found the plaintiff newspapers own copyright in their material and Cedrom had exclusive right to reproduce for the purposes of monitoring. The court went on to find the title and the first paragraph both to be significant parts of the works. The found that the defendant's activities did not fit in any of the fair dealing exceptions and was not fair in any event. The court also considered the terms of use on the plaintiffs' websites which prohibit commercial use of the content. The court found irreparable harm due to the acts of the defendants to take customers from the plaintiff monitoring service. The court granted the interlocutory injunction against the reproduction of titles and articles authored by the plaintiffs' employees. (Summary based on a translation)

 

Canadian Intellectual Property