Registering Copyrights As They Arise May Improve Chances Of Future Success At Trial

Many Companies only consider registering the copyright in their works at the time that a potential dispute arises. Based on the recent case, Patterned Concrete Mississauga Inc. v Bomanite Toronto Ltd. ("Patterned Concrete"),¹ it seems to be in a Company's best interest to register copyright in works as they arise, on an ongoing basis.

Background

On April 12, 2021, the Federal Court issued its decision in Patterned Concrete. Justice Pallotta's decision reinforced the importance of registering copyright in the ordinary course of business. At the onset of copyright infringement litigation, having a registration certificate in hand will help support a finding that copyright persists in a Company's materials.