Massie & Renwick, Limited v. Underwriters' Survey Bureau Ltd. et al.

Massie & Renwick, Limited v. Underwriters' Survey Bureau Ltd. et al.

Court held rating material produced before Jan 1, 1924 vested in the Association members and acquired statutory copyright under s.42; respondents failed to prove title to rating material produced after Jan 1, 1924 (ground for allowing appeal in that respect); plans and revisions produced by or vested in the Underwriters' Survey Bureau were owned by the Bureau either by assignment from Goad or by virtue of works made by salaried employees under s.12(b) and s.20(3) presumptions, and the limitation period was tolled by fraudulent concealment; criminal conspiracy defence rejected on facts.

Citation
[1940] SCR 218
Parties
Appellant / Defendant: Massie & Renwick, Limited; Respondent / Plaintiffs: Underwriters' Survey Bureau, Limited and Others
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 January 1940
Procedural Posture
Copyright Infringement and Conversion / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada
Outcome
Appeal allowed in part and dismissed in part
Legal Topics
Ownership of Copyright, Employer/employee Authorship, Unpublished Works, Assignment of Copyright, Limitation and Fraudulent Concealment, Criminal Conspiracy Allegation, Conversion and Trover/detinue, Statutory Presumptions
Source Language
English
Intellectual Property Copyright Law Ownership of Copyright Employer/employee Authorship Unpublished Works Assignment of Copyright Limitation and Fraudulent Concealment Criminal Conspiracy Allegation +2 more

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Parties

Massie & Renwick, Limited

Appellant / Defendant

Underwriters' Survey Bureau, Limited and Others

Respondent / Plaintiffs

Procedural Posture

Copyright Infringement and Conversion / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada

Legal Issues

  1. 1 Whether rating material and plans were owned by the Association members or by the Bureau and thus who owned copyright under the Copyright Act 1921
  2. 2 Whether incorporated member companies can be 'authors' or acquire copyright under s.12(b) or s.42
  3. 3 Whether s.20(3) presumption can identify proprietor or author from printed legend

Ratio Decidendi

Court held rating material produced before Jan 1, 1924 vested in the Association members and acquired statutory copyright under s.42; respondents failed to prove title to rating material produced after Jan 1, 1924 (ground for allowing appeal in that respect); plans and revisions produced by or vested in the Underwriters' Survey Bureau were owned by the Bureau either by assignment from Goad or by virtue of works made by salaried employees under s.12(b) and s.20(3) presumptions, and the limitation period was tolled by fraudulent concealment; criminal conspiracy defence rejected on facts.

Court Disposition

Appeal allowed in part and dismissed in part

Orders

  • Appeal allowed in respect of rating material brought into existence after 1 January 1924
  • Appeal dismissed in other respects