Prise de Parole Inc v Guérin, Éditeur Ltée
Encyclopedia
Prise de Parole Inc. v. Guérin éditeur Ltée [1996] F.C.J. No. 1427 is a leading Canadian case on moral rights in copyright law
. The Court found that the plaintiff's moral rights had not been violated because there was no subjective evidence that the reproduction caused harm to his reputation.
Following the decision of Snow v. The Eaton Centre Ltd.
, the Court noted that prejudice must first be determined on a subjective standard based on the author's opinion. Second, it must also be determined on an objective standard that is based on public or expert opinion in order to establish that the author's opinion was reasonable. The evidence presented did not objectively show that there was any prejudice and there was no evidence of actual harm. The Court observed that Germain had "not been ridiculed or mocked by his colleagues or the newspapers and he had not personally heard any complaints after the [collection] was published."
Despite there being no finding of prejudice, due to the conduct of the defendant, the Court awarded the plaintiff $10,000.
Canadian copyright law
The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921...
. The Court found that the plaintiff's moral rights had not been violated because there was no subjective evidence that the reproduction caused harm to his reputation.
Opinion of the Court
The Court noted that to establish an infringement under section 28.2, the claimant need only show that the work was distorted, mutilated, or otherwise modified "to the prejudice of the author's honour or reputation" and that actual prejudice to reputation or honour need not be proven.Following the decision of Snow v. The Eaton Centre Ltd.
Snow v. The Eaton Centre Ltd.
Snow v. The Eaton Centre Ltd. 70 C.P.R. 105 is a leading Canadian decision on moral rights. The Ontario High Court of Justice affirmed the artist's right to integrity of their work...
, the Court noted that prejudice must first be determined on a subjective standard based on the author's opinion. Second, it must also be determined on an objective standard that is based on public or expert opinion in order to establish that the author's opinion was reasonable. The evidence presented did not objectively show that there was any prejudice and there was no evidence of actual harm. The Court observed that Germain had "not been ridiculed or mocked by his colleagues or the newspapers and he had not personally heard any complaints after the [collection] was published."
Despite there being no finding of prejudice, due to the conduct of the defendant, the Court awarded the plaintiff $10,000.