Canadian Skirmish in the Copyright War Leads to a Split Decision

Originally published in June, 2002

The Supreme Court of Canada recently released judgment on a copyright case that may have introduced a new test for copyright infringement in Canada. Arguably, the majority decision also heralds an increased level of recognition of the property rights of purchasers of copyrighted material.

In Théberge v. Galerie d’Art du Petit Champlain inc. ("Théberge"), the issue revolved around an interlocutory order granted to the respondent Théberge for the seizure before judgment of certain canvas-backed reproductions embodying his works. Théberge is a painter of international stature, who assigned to a publisher the right to publish reproductions of certain of his works.