Decision

Glasz c. Choko, 2018 QCCS 5020

2018-11-23

Read full decision. Summary prepared by Alan Macek:

"The Court must determine who owns the copyright to film footage taken of Mike Tyson and others, by Plaintiffs, during Defendant’s promotion of Mike Tyson’s one man show, The Undisputed Truth, held in Toronto in September 2014 and his appearance at the Sportel event held in Monaco in October 2014. ... On the facts of this case, Fraser Munden revoked the assignment of copyright in September 2014 when he refused to provide the footage to Defendant, upon his request, in Toronto. ... Mr. Choko argued that the “experience” of meeting Mike Tyson constituted the “consideration” given in return for the assignment of copyright. However, every creative work can arguably be said to involve an experience, such that, there would never be a need to remunerate the author for the assignment of copyright in his work. This result is contrary to one of the objectives of the Act which is to ensure that the author obtains a just monetary reward for his work. Therefore, the Court concludes that Fraser Munden owns the copyright in the footage taken at the September and October 2014 events."

 

Canadian Intellectual Property