Labrosse c. Société d'histoire de Saint-Basile-le-Grand, 2021 QCCQ 5013


Read full decision. Summary prepared by Alan Macek:

(small claims) The applicant Bruno Labrosse claims the sum of $10,000 for ... "Claim for damages for the unrequited use of historical texts produced by disguised reproduction of documents already published in 1997 by a third party without the authorization of the author (Bruno Labrosse) in a publication of the Société d history of St-Basile-le-Grand in November 2015.” ... The defendant argues that under the contract signed between the plaintiff and the City of Saint-Basile-le-Grand on March 28, 1996 (D-5), the plaintiff ceded his rights concerning all of the texts and documents from the Souvenir Album to the City, which has become the copyright holder. ... The Tribunal is of the opinion that the aforementioned article 7 of the service contract produced in evidence (D ? 5) constitutes an assignment of rights in accordance with paragraph 4 of article 13 of the aforementioned law. This is a transfer of economic rights assimilated to a sale, which means that the applicant no longer holds the copyright on the texts and documents of the Souvenir Album and that he cannot therefore claim any damage whatsoever in connection with the use of these texts. (based on a translation)


Canadian Intellectual Property