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ARTICLE · 14 NOVEMBER 2017

Intellectual Property Meets Real Property: Recent Copyright Infringement Cases

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Two recent copyright infringement disputes involved the rare intersection of intellectual property with real property.

CanadaIntellectual Property
Dominique Hussey
Dominique Hussey
Emily Kettel
Emily Kettel
Melissa Dimilta
Melissa Dimilta
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Two recent copyright infringement disputes involved the rare intersection of intellectual property with real property.

In the first, the Ontario Court of Appeal determined who owned copyright in land surveys deposited with the registry office (hint—it's not the surveyor). In the second, a consulting firm sued for copyright infringement, alleging an architect and homeowner reproduced a home's original design.

Case

Keatley Surveying Ltd v Teranet Inc, 2017 ONCA 748 and Strathearn Consulting Inc v Barbra Ann Kirshenblatt et al, T-1876-14

IP Type

Copyright

Summary

Who owns copyright? Land Surveys: Keatley Surveying Ltd v Teranet Inc

In Ontario, homeowners can access the Ontario land registration system electronically to obtain copies of land surveys. This system is the result of a joint project between the Ontario government and Teranet Inc., a private sector company that manages the province's electronic land registration system.

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