Tele-Direct ( Publications ) Inc. v. American Business Information, Inc.
T-1373-94
McGillis J.
28/6/96
29 pp.
Action for infringement of Tele-Direct's copyright in Yellow Pages directories-Defendant using information contained in TeleDirect Yellow Pages for development of business directories-Statement of claim filed in June 1994 and amended in October, 1994-Defendant beginning its operations in Canada in 1990 but Tele-Direct unaware of activities until 1994-Action not barred by three-year limitation in Copyright Act, s. 41-Tele-Direct claiming copyright in compilation of information in "Yellow Pages" and "Pages Jaunes" particularly in relation to selection of headings and placing of information under headings-Act, s. 5(1) providing for copyright "in every original literary, dramatic, musical and artistic work"-Definition under s. 2 including "compilations"-Definition of compilation including "work resulting from selection or arrangement of data"-S. 34(3) creating presumption in favour of copyright and ownership-In present case, facts must be examined to determine degree to which TeleDirect exercised skill, judgment or labour in arrangement of compilation of information in directories-Large percentage of information contained in "Yellow Pages" or "Pages Jaunes" not subject to copyright as basic subscriber information given to TeleDirect by Bell Canada-Minimal degree of skill used by sales representatives in eliciting additional information present in listing or advertisements 20% of time-Initial heading for business determined by Bell Canada using Tele-Direct heading book as guide-Heading books not uncommon-List of headings commonly used produced by American Yellow Pages Publishers Association, of which Tele-Direct member-Tele-Direct arranging information, majority of which not subject to copyright, according to accepted, commonplace standards of selection in industry-Exercising only minimal degree of skill, judgment or labour in overall arrangement of information insufficient to support claim of originality to warrant copyright protection-Presumption under s. 34(3) displaced-Further, if copyright existed, no infringement by defendant as no substantial similarity between works in question-In assessing substantial similarity, important that most information taken by defendant for use in its directories Bell Canada subscriber information not subject to copyright and information arranged according to commonplace method of selection in industry-Also, two works not in competition with one another-Serve different segments of marketplace-Further, no resemblance between two directories-Copyright Act, R.S.C., 1985, c. C-42, ss. 2, 5(1) (as am. by S.C. 1994, c. 47, s. 57), 34(3).