Intellectual Property Weekly Abstracts Bulletin — Week Of October 30, 2017

Copyright Decision

Summary judgement awarded in copyright infringement lawsuit
John v. Richards, 2017 ONSC 6307

The Ontario Superior Court of Justice granted the Defendants motion for summary judgment in respect of the Plaintiff's claims of copyright infringement, theft and negligence. The action arises from the Plaintiff's interview on the Defendant Jim Richards' radio talk show. The Plaintiff is a rap artist who performs under the name of "Avalanche the Architect". The Plaintiff was interviewed following the report in a Newspaper article indicating that the Plaintiff had been convicted of threatening to cause bodily harm to his former music promoter. At the beginning of and during the interview, the Defendant played a brief clip from one of the Plaintiff's rap songs, which totalled approximately 18 seconds of the song. After the interview, the Plaintiff requested that the Defendant provide an on air clarification that the song had nothing to do with the charges,