“Put on Shows That Will Enthrall Them”: Producers as Authors of Motion Pictures

Abstract:

Identifying the author of a motion picture for copyright purposes in Canada is no easy task. Because “authorship” is a crucial concept in the Copyright Act (Canada), which can be determinative of matters relating to ownership, duration of term, and moral rights, the lack of certainty is troubling both from a legal and practical perspective. While a variety of solutions to the matter have been postulated, I argue that the preferable answer, consistent with both industry practice and the principles and interests motivating copyright protection as articulated by the Supreme Court of Canada, is a rebuttable presumption that the director(s) and producer(s) of a motion picture should be considered the authors of a motion picture under Canadian copyright law.