Decision

Albo v. The Winnipeg Free Press et al., 2019 MBQB 34

2019-02-22

Read full decision. Summary prepared by Alan Macek:

"The plaintiff, Dr. Frank Albo (“Dr. Albo”), filed a claim for damages against the defendant, the Winnipeg Free Press (the “Press”), for copyright infringement and breach of contract. ... Dr. Albo takes the position that the Press was not entitled to republish the articles without his consent, and that he did not provide his consent. Dr. Albo does not claim to be the author of the articles or the Book but claims that his contribution to the articles and/or his contract with the Press nonetheless gave him the right to prevent their republication. While the Press agrees that some of the facts and ideas in Dr. Albo’s presentation also appear in the articles, the articles represent Turner’s story and writing and are certainly not a copy of any work in which Dr. Albo may claim copyright. The Press denies that Dr. Albo has the exclusive right to write about the plans for Winnipeg at the turn of the twentieth century. The Press maintains that many others had written on the subject before Dr. Albo and, in fact, Dr. Albo’s presentation itself drew heavily, if not entirely, on the works of others. ... All of these factors, taken together, lead me to conclude that, even if Dr. Albo held copyright in the statements quoted from him, the use of the quotations fall comfortably within the compass of “fair dealing” and would not be an infringement of Dr. Albo’s copyright."

 

Canadian Intellectual Property