Keatley Surveying Ltd. v. Teranet Inc.

Keatley Surveying Ltd. v. Teranet Inc.

Registered or deposited plans of survey are published by or under the direction or control of the Crown within the meaning of s.12 because the provincial statutory land registration regime vests property, custody and exclusive control over format, content, amendment and dissemination in the Crown (including publication via an authorized service provider), and these works are government works where vesting Crown copyright furthers public interests of authenticity, accuracy and dissemination; therefore copyright vests in the Crown and no infringement by Teranet occurred.

Citation
2019 SCC 43
Parties
Appellant/respondent on Cross Appeal: Keatley Surveying Ltd.; Respondent/appellant on Cross Appeal: Teranet Inc.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 September 2019
Procedural Posture
Class Action — Intellectual Property (copyright) / Appeal to Supreme Court of Canada — Judgment on Appeal
Outcome
Appeal dismissed; cross‑appeal unnecessary/moot
Legal Topics
Crown Copyright, Copyright Act S.12, Publication, Direction or Control, Land Registry Records, Technological Neutrality, Public‑private Partnership
Source Language
English
Intellectual Property Copyright Administrative Law Property/land Registration Class Proceedings Crown Copyright Copyright Act S.12 Publication +4 more

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Parties

Keatley Surveying Ltd.

Appellant/respondent on Cross Appeal

Teranet Inc.

Respondent/appellant on Cross Appeal

Procedural Posture

Class Action — Intellectual Property (copyright) / Appeal to Supreme Court of Canada — Judgment on Appeal

Legal Issues

  1. 1 Whether copyright in plans of survey vests in Crown pursuant to s.12 of the Copyright Act due to registration/deposit in provincial land registry
  2. 2 Whether plans were prepared or published by or under the direction or control of the Crown
  3. 3 Scope and proper interpretation of 'direction or control' in s.12

Ratio Decidendi

Registered or deposited plans of survey are published by or under the direction or control of the Crown within the meaning of s.12 because the provincial statutory land registration regime vests property, custody and exclusive control over format, content, amendment and dissemination in the Crown (including publication via an authorized service provider), and these works are government works where vesting Crown copyright furthers public interests of authenticity, accuracy and dissemination; therefore copyright vests in the Crown and no infringement by Teranet occurred.

Court Disposition

Appeal dismissed; cross‑appeal unnecessary/moot

Orders

  • Appeal dismissed
  • Cross‑appeal dismissed as moot