In a recent Federal court decision, Pyrrha Design Inc. v. Plum and Posey Inc. et al., 2019 FC 129, Justice Phelan dismissed a copyright infringement claim relating to designs of multiple jewellery pieces. Accordingly, the claim for damages, injunction and a declaration of copyright infringement was denied. This article summarizes the Court’s considerations in its reasons for judgment.
Facts
The Plaintiff, Pyrrha Designs Inc. claimed that nine of its wax seal jewellery designs [Pyrrha Designs] had been infringed by the Defendants, Plum and Posey Inc. et al. under s. 27 of the Copyright Act, RSC 1985, c C-42 [Act].[1] Wax seal jewellery and its methods of creation have been in the public domain since the 1960s. Accordingly, the Plaintiff focused on the expression of the wax seal onto metal jewellery as the work protected by copyright.
Did Copyright Subsist?
The main considerations in this decision as to whether copyright subsisted were whether the Pyrrha Designs were protected expressions of an idea and whether they were original. According to case law, copyright subsists if a work is a fixed expression of an idea[2], which is determined by whether the work has distinct visible features that were created by the author’s skill and judgment[3]. In light of these factors, Justice Phelan concluded that the Pyrrha Designs were fixed expressions.
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