A recent decision of the Federal Court has found that a
novel did not infringe the copyright in a documentary.
The Facts
The plaintiff made a documentary regarding the courageous
actions of a Polish-Catholic woman during the Second World War in a
town occupied by German forces. She harboured and hid three
Jewish families for nearly two years as well as a German soldier
who had deserted as the war neared its end. The plaintiff was
a descendant of one of the families who had been rescued. It
cost approximately $100,000 to make the documentary. The
documentary had been screened at film festivals and other venues
and won several awards and generated some revenue.
The defendant author viewed the documentary. She testified
that the story and the courageous acts shown in it inspired her to
write a book entitled My Mother's Secret. The defendant
author characterized the book as a fictionalized version of the
story shown in the documentary. However, she used some
