Cuisenaire v. South West Imports Limited

Cuisenaire v. South West Imports Limited

The rods are not a proper subject matter of copyright because the originality lay in the appellant's book (the expression of the teaching method) and not in the physical rods, which are mere devices for implementing the ideas; therefore copyright does not extend to the rods and the appeal is dismissed.

Citation
[1969] SCR 208
Parties
Appellant (plaintiff): Georges Cuisenaire; Respondent (defendant): South West Imports Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
20 December 1968
Procedural Posture
Copyright Infringement / Appeal to Supreme Court of Canada From Exchequer Court
Outcome
Appeal dismissed
Legal Topics
Copyrightability of Functional Items, Ideas Versus Expression, Originality
Source Language
English
Intellectual Property Copyright Law Copyrightability of Functional Items Ideas Versus Expression Originality

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Georges Cuisenaire

Appellant (plaintiff)

South West Imports Limited

Respondent (defendant)

Procedural Posture

Copyright Infringement / Appeal to Supreme Court of Canada From Exchequer Court

Legal Issues

  1. 1 Whether coloured teaching rods are a subject matter in which copyright can subsist
  2. 2 Who is the author of the alleged works
  3. 3 Who owns any copyright in the alleged works

Ratio Decidendi

The rods are not a proper subject matter of copyright because the originality lay in the appellant's book (the expression of the teaching method) and not in the physical rods, which are mere devices for implementing the ideas; therefore copyright does not extend to the rods and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.