créateur de l’oeuvre sur les affiches et les programmes du Festival, c’est celui de
M. McNeil qui y est apparu.[The court awarded $C 2,000 damages for this breach.]- The provider of an idea, though not an author, may also deserve
recognition
An idea provider is not an author but may sometimes nevertheless be entitled
to credit.EXAMPLE:The plaintiff (Courtenay) wrote a children’s story developed from the story line
and character provided by the defendant (Polkosnik). The defendant agreed to
forego any claim to copyright in return for a share in the royalties. The plaintiff
later claimed he was entitled to be named as sole author of the book. The court
agreed that the plaintiff was the sole author and copyright owner of the book.
However, since “what was more important to the commercial success of the
book was not its literary expressions but its central character ... and its story
development”, the court required all future copies of the book to carry the credit
line “by George Polkosnik with Thomas Courtenay”: Courtenay v. Polkosnik,
(1983) 77 C.P.R. (2d) 140 (Canada: Ontario High Court).- RIGHT OF INTEGRITY
Before the moral right of integrity is infringed, Berne article 6bisrequires the
plaintiff to show that his honour or reputation has been prejudiced by the
change.- Proof of prejudice to honour or reputation may require objective
evidence, other than merely that of the author
EXAMPLE 1:The plaintiff artist produced a naturalistic sculpture of Canada geese for the
defendant shopping centre. Just before Christmas time, the defendant’s
manager put Christmas wreaths and ribbons around the necks of geese. When
the plaintiff complained, the defendant claimed that it could do what it liked with
the sculpture since it owned it, and in any event the sculpture looked as pretty
with the Christmas decorations as without. The plaintiff sued for infringement of
his right of integrity, and asked for for a mandatory interlocutory injunction for
the decorations to be taken down immediately. The Court granted the order:Snow v. Eaton Centre Ltd, (1982) 77 C.P.R. (2d) 105 (Canada: Ontario High
Court)MR JUSTICE O’BRIEN:The application in this motion relies solely on s. 12(7) of the Copyright Act,^1 and in particular
that part which gives the author the right to restrain any distortion, mutilation or other
modification of his work that would be prejudicial to his honour or reputation.76
II. RIGHTS
1 [The wording of section 12(7) of the
Canadian Act - since amended -
closely tracks the worded of Berne
Art. 6bis(1). The only relevant
difference is that the Canadian Act,
then and now, does not specifically
refer to “other derogatory action in
relation to, the said work”, as is
found in Berne Art. 6bis(1) - Ed.]