• Copyright Infringement Claim is Dismissed after the Court Finds the Applicant Is Not the Author and Owner of the Works
  • August 5, 2016 | Authors: Adrian J. Howard; Beverley Moore; Chantal Saunders
  • Law Firm: Borden Ladner Gervais LLP - Ottawa Office
  • Andrews v. McHale, 2016 FC 624

    This is an application for declarations and remedies related to alleged copyright infringement and infringement of moral rights. The applicant claims rights in four software systems, and seeks damages and an accounting of profits for copyright infringement.

    Following the disposition of three pre-hearing motions, the Court proceeded to find that although the applicant had registered the copyright in the works, his contributions did not make him an author of the works. This fact alone resulted in the Court dismissing the application, as his claims to both copyright ownership and moral rights were based on him being an author.

    The Court declined to expunge the applicant's copyright registration because of a lack of jurisdiction. Without a separate application seeking expungement the Court lacked the jurisdiction to grant this relief, as well as the request for a declaration as to authorship and ownership.