Volume I

Issue : 5: September 4, 2003

• U.S. Court of Appeals (9th Cir.) Asserts Jurisdiction over Online Retailer
• Court Limits Extraterritoriality of the U.S. Copyright Act
• Amazon.com Launches Lawsuits in U.S. and Canada to Stop Spoofing
• Property and Trade Secret Rights Outrank Free Speech Rights in DVD Copying Code Case
• Parties To Litigation Do Not Hold Copyrights Over Examination for Discovery Transcripts
• U.S. Court of Appeals Upholds Statutory Damages for Domain Registered Prior to the Enactment of ACPA
• Major U.S. ISP EarthLink Sues John Doe Spammers in B .C. and Alabama
• Defence of Misuse Extended to Suppression of Criticism in Copyright
• Online Broadcasters Sue Recording Industry (RIAA)
• Sixth Circuit Court Strikes Down Michigan Wine Law as Unconstitutional
• Saskatchewan Court of Appeal Upholds Criminal Conviction For Online Marketing Scheme
• U.S. First - North Dakota Prosecutes a Man for Gambling on the Internet
• U.S. Appeals Court (9th Cir.) Rules Massively Overbroad Subpoena For E-Mails Led to Privacy Violation

Home > Volume I > Issue 5: September 4, 2003 > Parties To Litigation Do Not Hold Copyrights Over Examination for Discovery Transcripts

Parties To Litigation Do Not Hold Copyrights Over Examination for Discovery Transcripts

In Sterling v. Sullivan, the Saskatchewan Court of Queens Bench recently held that parties to a proceeding do not have a copyright on Examination for Discovery transcripts.

In particular, in this case, all parties to an existing sexual assault action wanted copies of transcripts of an examination for discovery in a previous sexual assault action. The previous action settled prior to trial; however, both actions involved many of the same parties. One of the parties to the previous action argued that he had a copyright on the transcript and did not wish to have the transcript distributed in the current action.

The Court concluded: "[t]he argument was innovative and well presented, but I do not accept it. In my opinion, examinations for discovery and the resulting transcripts are a part of this Court's proceedings. In consequence, no copyright attaches to them. Were it otherwise, the authority of this Court to control its own proceedings would be constrained by some third party. I cannot accept such a concept." The Court ordered that the Examination for Discovery transcripts be reproduced.

For a copy of the decision, visit:

http://shorl.com/gevydristedifru