Frank Brunckhorst Co. v. Gainers Inc.

T-2202-92

McGillis J.

17/2/93

Motion to strike portions of statement of claim concerning copyright infringement -- Plaintiff claiming ownership of copyright in original work comprising rendering of boar's head -- Particulars indicating work created while author employee of Mark Kent Associates -- Author and employer intending ownership of copyright would vest in plaintiffs -- Although no written assignment executed, alleging ownership of copyright vested in plaintiffs by way of work-for-hire provisions of U.S. copyright law -- Copyright Act, s. 13 providing author of work first owner of copyright -- In employer/employee situations, s. 13(3) providing employer first owner of copyright in absence of agreement to contrary -- Under s. 13(4) owner may assign right, but assignment must be in writing and signed to be valid -- Facts as pleaded by plaintiffs, including those provided in particulars, establishing no assignment in writing by owner of copyright to plaintiffs -- S. 36 outlining circumstances in which party may seek to protect and enforce rights -- No right under s. 36 to institute and maintain action to protect and enforce copyright -- Although vague reference to rights accruing to plaintiffs under American law, plaintiffs not within terms of Canadian statutory scheme -- Statement of claim in so far as relating to copyright infringement not disclosing reasonable cause of action -- Copyright Act, R.S.C., 1985, c. C-42, ss. 13, 36 -- Federal Court Rules, C.R.C., c. 663, R. 419.