Update on Memoranda in Warman and National Post v. Fournier & copyright in headlines, limitation periods, etc.

On March 14, 2013 I wrote about the appeal in Warman & National Post v. Fournier, and in particular about the National Post’s effort to establish that it has an enforceable copyright interest in the headline or title “"Jonathan Kay on Richard Warman and Canada's Phony-Racism Industry"”.

By way of update, here are all three memoranda of law on behalf of:

Richard Warman,

National Post, and

Mark and Connie Fournier, who are self-representing.

Warman’s memorandum is confined to the single but important issue of whether the three year limitation period in the Copyright Act applies with respect to “continuing or ongoing infringement”.

The National Post ((which, for whatever reasons, took no part in the proceedings below), is dealing with the substantive copyright issues.

Because there are wide-ranging and fundamental copyright issues of a procedural and substantive nature at stake in this case, applications to intervene would not be surprising. I will post them as they happen.

HPK