SUPR8li COURT OV CANADA. NICHOLAS GARLANI)
(DEFENDANT) ... APPELLANT; *Nov. 18 & JOSEPH A. GEMMILL (PLAINTIFF).... RESPONDENT. * Dec. 20. ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO. The publisher of a work containing biographical sketches cannot copy them from a copyrighted work, even where he has applied to the subjects of such sketches and been referred to the copyrighted work therefor.
[n works of this nature where so much may be taken by different publishers from common sources and the information given must be in the same words, the courts will be careful not to restrict the right of one publisher to publish a work similar to that of another, if he obtains the information from common sources and does not, to save himself labor, merely copy from the work of the other that which has been the result of the latter's skill and diligence.
The notice of copyright to be inserted in the title page of a copyrighted work is sufficient if it substantially follows the statutory form (1).
Therefore the omission of the words " of Canada" in such form is not a fatal defect, and, even if a defect, such defect is removed by sec. 7 sub-sec. 44 of the Interpretation Act (2). Depositing in the office of the Minister of Agriculture copies of a book containing notice of copyright before the copyright has been granted does not invalidate the same when granted. A PPEAL from a decision of the Court of Appeal for Ontario affirming the judgment of the Chancellor of Ontario (3) in favor of the plaintiff.
*PRESENT-Strong, Fournier, Henry, Taschereau and Gwynne JJ. (1) The form required by 38 V. 44. That section is as follows;c.88 s.9 is as follows; " Entered ac- " Whenever forms are prescribed carding to Act of Parliament of slight deviations therefrom, not Canada in the year by affecting the substance or calcu. A. B. in the office of the Minis- lated to mislead, shall not vitiate ter of Agriculture."
them.
(2) R, S. C. ch. 1 sec. 7 sub-sec.