Kennedy v. Ruminski

Kennedy v. Ruminski

The Respondent was an employee; the November 3, 2003 Memorandum constituted an agreement allocating IP interests (80% Applicant, 20% Respondent) and therefore the Certificates, which did not reflect the Applicant's co-ownership, were issued in error; the Registrar must amend the registrations to reflect joint ownership (co-ownership) of the works, with pre-existing technical libraries remaining subject to the free license described in the Memorandum.

Citation
2014 FC 526
Parties
Plaintiff Applicant: S. Michael Kennedy; Defendant Respondent: Waldemar Ruminski; Mis En Cause: Me Harold Ashenmil
Court
Federal Court
Jurisdiction
Canada
Judgment Date
30 May 2014
Procedural Posture
Copyright Rectification Application Under S 57(4) of the Copyright Act / Decision on Application (judgment)
Outcome
Application granted in part; Registrar of Copyrights directed to amend the registrations to reflect joint ownership; no order for costs.
Legal Topics
Ownership of Copyright, Rectification of Copyright Register, Employment Vs Contractor Status, Co Ownership of IP, Evidentiary Burden
Source Language
English
Copyright Intellectual Property Employment Law Federal Court Procedure Ownership of Copyright Rectification of Copyright Register Employment Vs Contractor Status Co Ownership of IP +1 more

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Parties

S. Michael Kennedy

Plaintiff Applicant

Waldemar Ruminski

Defendant Respondent

Me Harold Ashenmil

Mis En Cause

Procedural Posture

Copyright Rectification Application Under S 57(4) of the Copyright Act / Decision on Application (judgment)

Legal Issues

  1. 1 Whether the Applicant met the evidentiary burden to establish error in the Certificates
  2. 2 Whether the Respondent was an employee (contract of service) or independent contractor
  3. 3 Who owns the works covered by the Certificates and whether the Registrar should amend the Register

Ratio Decidendi

The Respondent was an employee; the November 3, 2003 Memorandum constituted an agreement allocating IP interests (80% Applicant, 20% Respondent) and therefore the Certificates, which did not reflect the Applicant's co-ownership, were issued in error; the Registrar must amend the registrations to reflect joint ownership (co-ownership) of the works, with pre-existing technical libraries remaining subject to the free license described in the Memorandum.

Court Disposition

Application granted in part; Registrar of Copyrights directed to amend the registrations to reflect joint ownership; no order for costs.

Orders

  • Registrar of Copyrights directed to amend the registrations to reflect joint ownership.
  • No order as to costs.