Durand et Cie v. La Patrie Publishing Co.

Durand et Cie v. La Patrie Publishing Co.

The Court held that appellant had not assigned performing rights to SACEM and s.48 did not apply to appellant; moreover, by virtue of Imperial statutes and the substituted right under s.42 of the 1921 Act (R.S.C.1952 c.55), appellant as successor in title to the authors was entitled to the copyright and performing rights in Canada and could sue for infringement; damages of $600 were awarded.

Citation
[1960] SCR 649
Parties
Appellant (plaintiff): Durand et Cie; Respondent (defendant): La Patrie Publishing Company Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
24 June 1960
Procedural Posture
Copyright Infringement / Appeal to Supreme Court of Canada From Exchequer Court of Canada
Outcome
appeal allowed; cross-appeal dismissed
Legal Topics
Performing Rights, Registration Requirements, Berne Convention and Imperial Statutes, Statutory Interpretation, Performing Rights Societies (s.48), Substituted Rights (s.42), Broadcast Infringement
Source Language
English
Intellectual Property Copyright Law Contract/assignment Law Performing Rights Registration Requirements Berne Convention and Imperial Statutes Statutory Interpretation Performing Rights Societies (s.48) +2 more

Case Brief

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Parties

Durand et Cie

Appellant (plaintiff)

La Patrie Publishing Company Ltd.

Respondent (defendant)

Procedural Posture

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

Legal Issues

  1. 1 Whether appellant owned copyright and performing rights in Canada despite no pre-1924 Canadian registration
  2. 2 Whether appellant had assigned its right to sue to SACEM or was otherwise precluded from suing
  3. 3 Whether s.48 of the Copyright Act applied to appellant and barred its action

Ratio Decidendi

The Court held that appellant had not assigned performing rights to SACEM and s.48 did not apply to appellant; moreover, by virtue of Imperial statutes and the substituted right under s.42 of the 1921 Act (R.S.C.1952 c.55), appellant as successor in title to the authors was entitled to the copyright and performing rights in Canada and could sue for infringement; damages of $600 were awarded.

Court Disposition

appeal allowed; cross-appeal dismissed

Orders

  • Damages awarded to appellant in the sum of $600
  • No injunction granted