Redwood Music Ltd. v. Bourne Estate
Country
Court
Ontario Supreme Court
District
Ontario Court (General Division)
Case
Redwood Music Ltd. v. Bourne Estate
Case Number
Court File No. B52/95; 71689/91Q
Effective Date
1995-09-28
Link
https://www.canlii.org/en/on/onsc/doc/1995/1995canlii7324/1995canlii7324.html
Summary
This case determined what happens to an assigned copyright after reversionary rights are activated, in the balance of years that the 1921 Copyright Act granted through substituted copyright, which extended the copyright of works from prior durations under various laws, to author's life plus 50 years. The court found that copyrights assigned under pre-1921 copyright law would revert to the author as they would have originally, unless a new and express agreement assigning the copyright specifically for the new balance of the extended copyright term (arising from the new 1921 Copyright Act) was signed between the copyright owner and assignee, after the 1921 Act came into force. Assignments of the post-reversion copyright made before the 1921 Copyright Act came into force are not valid. The assignee would also retain the right to use their assigned copyright after the original reversion date if they gave notice and paid a "reasonable fee".
Contributed By
Cynthia Khoo