[2013] 2 F.C.R. D-11
Copyright
Infringement
Appeal from Federal Court order (2012 FC 300) granting summary judgment motion, dismissing actions dealing with copyright infringement against respondents—Appellant entering into agreement (licence) with Canadian Hydrographic Service (CHS) with respect to data to produce navigation charts—Nautical charts in paper form (CHS Works) subject of litigation—Information (CHS Data) embodied in CHS Works held, maintained by Crown— Crown furnishing appellant with CHS Data, not CHS Works according to licence, s. 2.1—However, appellant asserting claim for damages against respondents in breach of copyright in CHS Works—CHS Works not mentioned in s. 2.1—Respondents asserting that appellant having no right to damages under Copyright Act, R.S.C., 1985, c. C-42 because copyright in CHS Works belonging to Crown—Issue whether licence authorizing appellant to do anything with respect to CHS Works subject to copyright, to exclusion of all others including Crown—S. 2.1 not expressly authorizing appellant to produce or reproduce with respect to CHS Works—S. 2.1 having to be read in context—When licence considered in entirety, ambiguity becoming apparent because of licence, s. 6.1—S. 6.1 acknowledging Crown copyright, referring to CHS Data—Federal Court interpreting s. 2.1 as granting appellant right to produce digital copies of CHS Works—Absence of provisions in licence expressly stating that Crown reserving to itself right to make digital copies of CHS Works supporting appellant’s argument that licence intending to be exclusive—Federal Court concluding the contrarybecause of reliance on discovery evidence given by Crown that Crown not considering appellant to have exclusive licence in paper charts—Federal Court erring in law in relying on this evidence to determine parties’ contractual intention—Record on summary judgment motion not providing basis for resolving ambiguity between ss. 2.1, 6.1—Motion for summary judgment should have been dismissed—Appeal allowed.
Nautical Data International, Inc. v. C-Map USA Inc. (A-115-12, A-116-12, 2013 FCA 63, Nadon and Sharlow JJ.A., judgment dated March 1, 2013, 13 pp.)