Simon's Legal Resources

Copyright - Purpose

. Nexus Solutions Inc. v. Krougly

In Nexus Solutions Inc. v. Krougly (Ont CA, 2026) the Ontario Court of Appeal dismissed an appeal, here brought against the dismissal of the plaintiff's "s.13(3) of the Copyright Act, R.S.C. 1985, c. C-42 (the “Act”), which provides that an employer is the first owner of the copyright in a work created by an employee “in the course of” their employment."

Here the court considers the 'purpose' of the Copyright Act:

[22] The purpose of the Act is to strike a balance between “the public interest in the encouragement and dissemination of works of the arts and intellect and obtaining a just reward for the creator (or, more accurately, to prevent someone other than the creator from appropriating whatever benefits may be generated)”: Théberge v. Galerie d'Art du Petit Champlain inc., 2002 SCC 34, [2002] 2 S.C.R. 336, at para. 30; see also Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Association, 2022 SCC 30, [2022] 2 S.C.R. 303, at para. 67.