Re: Canadian Class Action Suit

From: Bernard Katz <bkatz[_at_]uoguelph.ca>
Date: Wed, 17 Feb 1999 14:02:04 -0500 ()

Further to my previous message about this, on Sat., Feb.13, Doug Saunders, of the Globe and Mail newspaper, reported that "Mr. Justice Robert Sharpe of the Ontario Court's general division ruled that Heather Robertson, a freelance writer, can argue her case against Thomson [Newspapers - owner of the Globe and Mail, among others] on behalf of all other writers who have sold work to the company.... The case dates back to 1996". Robertson wrote a book review as a freelancer and sold what she says were only first publication rights to the Globe and Mail, who published it in paper and then included it on their InfoGlobe full text database. Also included was an excerpt from one of Robertson's books, again appearing in the newspaper and on the database. Robertson claims "that she is owed fees for electronic rights". Her case was used to spearhead action by the Periodical Writers Association of Canada "against Canada's newspaper and magazine publishers" over this issue. Justice Sharpe did not comment on the substance of the Robertson case, but "he ruled that the freelance writers have a solid case for a class-action suit. An injunction is being considered by Robertson's lawyer (who is also counsel for PWAC) "preventing Thomson from distributing freelance materials over databases... until the case is settled".

Cheers,

Bernard Katz, Head, Special Collections and Library Development
McLaughlin Library, University of Guelph, Guelph, ON  Canada  N1G 2W1
         and Chair, Ontario Library Association Copyright Action Committee

e-m: bkatz[_at_]uoguelph.ca // v: 519-824-4120, ext.2089 // fax: 519-824-6931 Received on Wed Feb 17 1999 - 19:07:07 GMT