Desputeaux v. Editions Chouette

[2001] J.Q. No. 1510 (2001)

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Desputeaux v. Editions Chouette

Quebec Court of Appeal
[2001] J.Q. No. 1510 (2001)

Facts

Caillou is a character first created by Hélène Desputeaux (plaintiff). Caillou appeared in books written by Christine l’Hereux (defendant), the principal shareholder and director of Editions Chouette (defendant). In September 1993, the parties entered a license agreement for the use of the fictional character Caillou. In the license agreement, l’Hereux and Desputeaux were identified as the co-authorities of works containing the character Caillou. The license agreement also granted Editions Chouette certain rights to reproduce and adapt the character of Caillou. The license agreement also contained a clause providing that the parties would refer all disputes to arbitration. A dispute arose between the parties, and the parties submitted the dispute to arbitration following litigation in the Quebec courts. During the arbitral proceedings, the arbitrator reviewed the agreements between the parties. The arbitrator found that the co-authors, l’Hereux and Desputeaux, sold the rights to commercialize Caillou to Editions Chouette. The arbitrator concluded l’Hereux and Desputeaux had confirmed to the mandatory formalities required under Article 31 and Article 34 of the Copyright Act. The arbitrator also concluded that because the parties failed to specify any term to the contract, Editions Chouette benefitted from Article 9 of the Copyright Act. The arbitral tribunal entered an award in favor of Editions Chouette. Desputeaux filed suit in the Quebec courts seeking to annul the award.

Rule of Law

Issue

Holding and Reasoning (Rousseau-Houle, J.)

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