Desputeaux v. Éditions Chouette (1987) inc., [2003] 1 S.C.R. 178, 2003 SCC 17, 2003 SCC 17 (2003)
Linked as:
Extract
Desputeaux v. Éditions Chouette (1987) inc., [2003] 1 S.C.R. 178, 2003 SCC 17, 2003 SCC 17 (2003)
Desputeaux v. Éditions Chouette (1987) inc., [2003] 1
S.C.R. 178, 2003 SCC 17Les Éditions Chouette (1987) inc. and Christine L'Heureux Appellants v.Hélène Desputeaux Respondent andRégis Rémillard Mis en cause andQuebec National and International Commercial ArbitrationCentre, Union des écrivaines et écrivains québécois, Conseil des métiers d'art du Québec and Regroupement des artistes en arts visuels du Québec IntervenersIndexed as: Desputeaux v. Éditions Chouette (1987) inc.Neutral citation: 2003 SCC 17.File No.: 28660.2002: November 6; 2003: March 21.Present: Gonthier, Iacobucci, Bastarache, Binnie, Arbour, LeBel and Deschamps JJ.on appeal from the court of appeal for quebecArbitration - Interpretation of contract between artist and promoter - Copyright - Whether Copyright Act prevents arbitrator from ruling on question of copyright - Copyright Act, R.S.C. 1985, c. C-42, s. 37.Arbitration - Interpretation of contract between artist and promoter - Copyright - Public order - Whether question relating to ownership of copyright falls outside arbitral jurisdiction because it must be treated in same manner as question of public order relating to status of persons and rights of personality - Whether Court of Appeal erred in stating that erga omnes nature of decisions concerning copyright ownership is bar to arbitration proceeding - Civil Code of Québec, S.Q. 1991, c. 64, art. 2639 - Act respecting the professional status of artists in the visual arts, arts and crafts and literature, and their contracts with promoters, R.S.Q., c. S-32.01, s. 37.Arbitration - Arbitration award - Validity - Extent of arbitrator's mandate - Interpretation of contract between artist and promoter - Whether arbitrator exceeded mandate by ruling on question of copyright ownership - Whether award should be annulled because arbitrator did not comply with requirements respecting form and substance of contracts between artists and promoters - Act respecting the professional status of artists in the visual arts, arts and crafts and literature, and their contracts with promoters, R.S.Q., c. S-32.01, ss. 31, 34.Arbitration - Arbitration award - Consideration of matter of public order - Limits on review of validity of arbitration awards - Code of Civil Procedure, R.S.Q., c. C-25, arts. 946.4, 946.5.Arbitration - Procedure - Natural justice - Methods of proof - Interpretation of contract between artist and promoter - Whether arbitration proceeding conducted in violation of rules of natural justice.D, L and C formed a partnership for the purpose of creating children's books. L was the manager and majority shareholder in C. D drew and L wrote the text for the first books in the Caillou series. Between 1989 and 1995, D and C entered into a number of contracts relating to the publication of illustrations of the Caillou character. D signed as author and L signed as publisher. In 1993, the parties signed a contract licensing the use of the Caillou character. D and L represented themselves in it as co-authors and assigned certain reproduction rights to C, excluding rights granted in the publishing contracts, for the entire world, with no stipulation of a term. The parties waived any claims based on their moral right in respect of Caillou. They also authorized C to grant sub-licences to third parties without their approval. A rider signed in 1994 provided that in the event that D produced illustrations to be used in one of the projects in which Caillou was to be used, she was to be paid a lump sum corresponding to the work required. In 1996, faced with difficulties in respect of the interpretation and application of the licence contract, C brought a motion to secure recognition of its reproduction rights. D brought a motion for declinatory exception seeking to have the parties referred to an arbitrator as provided in s. 37 of the Act respecting the professional status of artists in the visual arts, arts and crafts and literature, and their contracts with promoters. The Superior Court, finding that the existence of the contract was not in issue, and that there were no allegations in respect of its validity, referred the case to arbitration. The arbitrator decided that his mandate included interpreting all the contracts and the rider. In the arbitrator's view, Caillou was a work of joint authorship by D and L. With respect to the licence and the rider, the arbitrator concluded that C held the reproduction rights and that it alone was authorized to use Caillou in any form and on any medium, provided that a court agreed that the contracts were valid. The Superior Court dismissed D's motion for annulment of the arbitration award. The Court of Appeal reversed that judgment.Held: The appeal should be allowed. The arbitrator acted in accordance with his terms of reference and made no error such as w...See the full content of this document
Sponsored links
