By John McKeown (January 15, 2024, 8:20 AM EST) -- Subsection 64(2): In French v The Royal Canadian Legion 2023 FC 749 the plaintiff asserted a copyright relating to a stuffed animal modelled after a Dalmatian dog with black-centered red poppies in place of the Dalmatian’s usual simple black spots. The copyright right subsisted in the entire toy. The judge found there was a functional and practical use for the toy as it was a plush toy made to be played with by children. As such, because the toy was a useful article, of which more than 50 had been produced, subsection 64(2) applied....