Neugebauer v. Labieniec, (2010) 406 N.R. 311 (FCA)

• Judge: Blais, C.J., Nadon and Layden-Stevenson, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: September 15, 2010
• Jurisdiction: Canada (Federal)
• Citations: (2010), 406 N.R. 311 (FCA);2010 FCA 229

Neugebauer v. Labieniec (2010), 406 N.R. 311 (FCA)

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

Temp. Cite: [2010] N.R. TBEd. SE.017

Henry Neugebauer (appellant) v. Anna M. Labieniec (respondent)

(A-380-09; 2010 FCA 229; 2010 CAF 229)

Indexed As: Neugebauer v. Labieniec

Federal Court of Appeal

Blais, C.J., Nadon and Layden-Stevenson, JJ.A.

September 15, 2010.

Summary:

A Certificate of Registration of Copyright respecting a book on the applicant's life as a Holocaust survivor identified the applicant and respondent as owners and authors of the book. The applicant applied to expunge the Certificate, submitting that he alone was the author and that the respondent's involvement in the book was as an editor only. The applicant relied on a written document (Confirmation of Oral Agreement) to support his application.

The Federal Court, in a judgment reported (2009), 349 F.T.R. 53, dismissed the application. The written document dealt with transcription of the applicant's tape-recorded recollections. The court accepted that there was a separate oral contract where the parties agreed to jointly author the book. The applicant appealed.

The Federal Court of Appeal dismissed the appeal, with the exception of reducing trial costs to $3,000 inclusive of disbursements and GST.

Copyright - Topic 1944

Ownership - By authorship - Who is an author - [See Copyright - Topic 1947 ].

Copyright - Topic 1947

Ownership - By authorship - Joint authorship - A Certificate of Registration of Copyright respecting a book on the applicant's life as a Holocaust survivor identified the applicant and respondent as owners and authors of the book - The applicant applied to expunge the Certificate, submitting that he alone was the author and that the respondent's involvement in the book was as an editor only - The applicant relied on a written document (Confirmation of Oral Agreement) as supporting his application - The Federal Court dismissed the application - The written document dealt only with the respondent's transcription of the applicant's unorganized tape-recorded recollections, which resulted in 30 pages of material - The book was a 224 page narrative of the applicant's life, written entirely by the respondent - The respondent did not merely edit or organize the applicant's recollections with minor additions - The respondent included original material and did research herself to expand the applicant's story - The court accepted that there was a separate oral contract where the parties agreed to jointly author the book - The applicant's post-publication behaviour (e.g., holding out the respondent as an author during promotional activities) was consistent with the respondent's claim of a separate oral agreement that the parties were joint authors of the book - The court stated that the "respondent contributed sufficient originality and expression to claim authorship of the book" - The Federal Court of Appeal dismissed the applicant's appeal - There was no error of law or palpable and overriding error in the assessment of the evidence - Factual and credibility determinations were entitled to great deference - The fact findings were amply supported by the evidence.

Practice - Topic 8800

Appeals - General principles - Duty of appellate court regarding findings of fact - [See Copyright - Topic 1947 ].

Counsel:

Jordanna Sanft and Jill Daley, for the appellant;

Anna M. Labieniec appeared on her own behalf.

Solicitors of Record:

Ogilvy Renault LLP, Toronto, Ontario, for the appellant.

This appeal was heard on September 15, 2010, at Toronto, Ontario, before Blais, C.J., Nadon and Layden-Stevenson, JJ.A., of the Federal Court of Appeal.

On September 15, 2010, Layden-Stevenson, J.A., delivered the following judgment orally for the Court of Appeal.