[2012] 3 F.C.R. D-8
COPYRIGHT
Practice
Motions for summary judgment dismissing actions for copyright infringement of hydrographic charts (works) owned by Canadian Hydrographic Service (CHS)—Defendants arguing plaintiff lacking standing required by Copyright Act, R.S.C., 1985, c. C-42, s. 36 to bring action because not exclusive licensee of works—Where suit for copyright infringement brought by personother than copyright owner, grant of interest necessary—Plaintiff granted permission to produce, integrate, distribute works—Issue whether CHS promising not to give anyone else, including itself, permission to produce, integrate works—Agreement not explicitly stating that CHS not to produce, integrate works—Circumstances surrounding agreement not pointing to exclusive licence—Contractual right to sue not necessarily leading to exclusive licence—Ability to sublicense digital data products also not indicative of exclusive licence—Intent of CHS clear: plaintiff not to have exclusive licence—As plaintiff not having standing to advance claims in actions, no genuine issue for trial—Motions granted, actions dismissed.
Nautical Data International, Inc. v. C-Map USA Inc. (T-1219-04, T-1220-04, 2012 FC 300, Zinn J., public order dated April 3, 2012, 18 pp.)