The majority allowed art galleries' appeal over physically transferring printed images from paper to canvas without multiplying the copies.
The dispute involved Art galleries bought authorized printed reproductions of Claude Théberge's paintings and used a chemical transfer process to move the inked image from paper backing onto canvas, leaving the original paper blank. The artist objected and obtained a seizure order. The case concerned reproduction and moral rights.
The central question was Whether physical transfer of ink from an authorized poster onto canvas created a new reproduction under section 3(1) of the Copyright Act, or involved modifications governed by a different set of moral rights.
The four-justice majority found no multiplication or production of an additional new copy when the existing ink image was physically transferred from one support to another. Economic reproduction rights and personal moral rights are distinct; a claim about alteration prejudicing reputation is not automatically infringement of the reproduction right. Three justices dissented.
Disposition: Appeal allowed by four-to-three majority; the motions judge's order setting aside seizure and returning the goods was restored.
Primary source: Supreme Court of Canada, Théberge v. Galerie d’Art du Petit Champlain inc., 2002 SCC 34. Full official reasons.