Winkler v. Roy

Winkler v. Roy

Court held assignment from Kelley to Saroy was valid for the operative term up to 25 years after the author's death (i.e. until Feb 14, 2007); the purported assignment is void with respect to the reversionary interest under s.14(1), and that reversionary interest devolves to the applicant as Kelley's legal representative after Feb 14, 2007; Pagurian's 1974 registration was expunged because its evidentiary presumption was rebutted; applicant is not entitled to statutory damages or withheld royalties and Firefly did not infringe applicant's rights; costs awarded to applicant against Roy respondents and to Firefly against Roy respondents.

Citation
2002 FCT 950
Parties
Applicant (executor and Beneficiary): Theresia Winkler; Respondent: Samuel Roy; Respondent (part of Samuel Roy Enterprises): Aztec Investments Limited; Respondent (part of Samuel Roy Enterprises): Elane Holdings Limited; Respondent (part of Samuel Roy Enterprises): Falwyn Developments Limited; Respondent: Saroy Film Productions of Canada Limited; Respondent (publisher): Firefly Books Ltd.; Respondent (successor to Pagurian): Edperbrascan Corporation
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 September 2002
Procedural Posture
Copyright Application (federal Court) / Reasons for Order (judgment on Application)
Outcome
Application dismissed except for declarations: Pagurian registration expunged; Saroy owns copyright until Feb 14, 2007; reversionary interest devolves to applicant thereafter; no statutory damages or royalties to applicant; no infringement by Firefly.
Legal Topics
Ownership of Copyright, Assignment and Reversionary Interest, Registration and Expungement of Copyright, Limitation Period for Infringement Claims, Statutory Damages, Costs
Source Language
English
Copyright Law Intellectual Property Civil Procedure Ownership of Copyright Assignment and Reversionary Interest Registration and Expungement of Copyright Limitation Period for Infringement Claims Statutory Damages +1 more

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Parties

Theresia Winkler

Applicant (executor and Beneficiary)

Samuel Roy

Respondent

Aztec Investments Limited

Respondent (part of Samuel Roy Enterprises)

Elane Holdings Limited

Respondent (part of Samuel Roy Enterprises)

Falwyn Developments Limited

Respondent (part of Samuel Roy Enterprises)

Saroy Film Productions of Canada Limited

Respondent

Firefly Books Ltd.

Respondent (publisher)

Edperbrascan Corporation

Respondent (successor to Pagurian)

Procedural Posture

Copyright Application (federal Court) / Reasons for Order (judgment on Application)

Legal Issues

  1. 1 Whether applicant is owner of copyright in The Black Donnellys and Vengeance of the Black Donnellys including reversionary interest
  2. 2 Whether Pagurian's registration (Serial No. 254758, Oct 15, 1974) should be expunged
  3. 3 Whether the applicant is entitled to statutory damages and/or withheld royalties

Ratio Decidendi

Court held assignment from Kelley to Saroy was valid for the operative term up to 25 years after the author's death (i.e. until Feb 14, 2007); the purported assignment is void with respect to the reversionary interest under s.14(1), and that reversionary interest devolves to the applicant as Kelley's legal representative after Feb 14, 2007; Pagurian's 1974 registration was expunged because its evidentiary presumption was rebutted; applicant is not entitled to statutory damages or withheld royalties and Firefly did not infringe applicant's rights; costs awarded to applicant against Roy respondents and to Firefly against Roy respondents.

Court Disposition

Application dismissed except for declarations: Pagurian registration expunged; Saroy owns copyright until Feb 14, 2007; reversionary interest devolves to applicant thereafter; no statutory damages or royalties to applicant; no infringement by Firefly.

Orders

  • Declaration that copyright registration Serial No. 254758 dated October 15, 1974 registered to Pagurian Press Limited is invalid and expunged under s.57(4)(b) of the Copyright Act
  • Declaration that Saroy Film Productions of Canada Limited is owner by assignment of copyright in the Donnelly books until February 14, 2007 and that thereafter the reversionary interest devolves to the applicant as Kelley's legal representative