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Cinar Corp v Robinson
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Cinar Corp v Robinson : ウィキペディア英語版
Cinar Corp v Robinson

''Cinar Corp v Robinson'' is a leading case of the Supreme Court of Canada in the field of copyright law, which has impact in many key aspects of it, including:
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* how to assess if a “substantial part” of a work has been reproduced,
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* the assessment of damages for infringement including accounting of profits, non-pecuniary damages and punitive damages,
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* the use of experts in a copyright case, and
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* the vicarious liability of directors for infringement.
==Background==

In 1982, Claude Robinson, an artist, drew the first sketches of the characters for a proposed children’s television series to be called ''The Adventures of Robinson Curiosity'' ((フランス語:Les aventures de Robinson Curiosité)), based in part on the novel ''Robinson Crusoe'', but also on his own life experiences. In 1985, a certificate of registration was issued under the ''Copyright Act'' for ''Robinson Curiosity'', listing Robinson as author and Les Productions Nilem inc., a corporation of which he was the sole shareholder, as the owner of the work.
In the same year, Mr. Robinson and Nilem stepped up their efforts for the promotion and production of ''Robinson Curiosity'', including presentations to Cinar Corporation, but those efforts were unsuccessful for nearly 10 years.
In September 1995, the first episode of ''Robinson Sucroe'' ((フランス語:Robinson Sucroë)), a work produced by Cinar, France Animation S.A. and Ravensburger Film + TV GmbH, was broadcast in Quebec. Robinson perceived that that ''Sucroë'' was a blatant copy of ''Curiosity'', and subsequently discovered that Cinar, together with several of its principals, were also involved in its production.
Robinson and Nilem commenced an action for copyright infringement against Cinar, its principals, and other parties connected with the production of ''Sucroë''. They also claimed damages under the rules of extra-contractual liability contained in the ''Civil Code of Quebec'', contending that Cinar and its principals had breached their obligations of good faith and loyalty, and that in doing so they knowingly caused damages to Robinson and Nilem.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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