Decision

Pourshian v. Walt Disney Company, 2019 ONSC 5916

2019-10-15

Read full decision. Summary prepared by Alan Macek:

INSIDE OUT is a feature-length computer-animated film made by Pixar and released in North America on June 19, 2015. ... The plaintiff Damon Pourshian alleges that in 1998, while in high school, he conceived the idea of a film in which five of the protagonist’s organs, Heart, Stomach, Colon, Bladder and Brain, become personified characters that guide his behaviour. ... n this action, Pourshian claims damages from the defendants on the basis that they have infringed his copyright in his film Inside Out, contrary to s. 27 of the Copyright Act ... On this motion, the defendants submit that because they are both incorporated and have their principal places of business in various American states, Pixar’s INSIDE OUT was made in California, and Canada’s Copyright Act has no extraterritorial application, this court should refuse to assume jurisdiction, service of the statement of claim should be set aside, and the action should be stayed. ... For these reasons, the motion to stay the action is dismissed with respect to the defendants Pixar Animation Studios, Walt Disney Pictures Inc. and Disney Shopping Inc. and granted with respect to all other defendants.

 

Canadian Intellectual Property