The Potential Benefits of Copyright Registration in Litigation

  • November 06, 2019
  • Eric Mayzel, Cassels Brock & Blackwell LLP

Clients often ask about the benefits of registering copyright in Canada. One potentially significant benefit is that registration may help to control the cost, scope and complexity of documentary discovery in the event of litigation, particularly where the litigation involves multiple works.

A recent reminder of this is the decision of Sullivan v. Northwood Media Inc., 2019 ONSC 9, which involved a motion to settle the terms of a discovery plan in a copyright infringement action pertaining to certain “Anne of Green Gables” properties. As discussed below, the Court directed a “limited degree” of initial disclosure where copyright in the works had been registered.