Councillor claims he owns university name

OSHAWA -- A local councillor is laying claim to the name of Oshawa's university, saying he owns the copyright for the phrase "University of Ontario Institute of Technology," and has the right to decide who can use those words.

Ward 2 Regional Councillor Robert Lutczyk made the statement in an Oct. 28 letter to This Week in which he says he owns the copyright for "the set of words that assembled in order read University of Ontario Institute of Technology."

"I am now putting you on notice that I forbid you to print the phrase "University of Ontario Institute of Technology" in Oshawa This Week under threat of further legal action, including personal liability," the letter concludes.

When contacted, the councillor refused to comment on the matter.

The Canadian copyright register shows Coun. Lutczyk registered a literary copyright for the phrase "University of Ontario Institute of Technology" on Nov. 7, 2005.

Sharon Groom, a lawyer with Toronto-based firm McMillan Binch Mendelsohn, which specializes in intellectual property law, said literary copyrights pertain to written materials like books and protect the content, not the titles.

"A lot of people get it wrong," she said. "They think you can protect a name through copyright law, but you can't. In this case, there has to be an actual literary work. There is no literary merit to just a title."â?¨ Ms. Groom, who is co-chair of the firm's Intellectual Property and Technology Law Group, said a trademark would have been the proper way to protect the university's name and said even if the councillor had managed to obtain one -- it's a more complex process than securing a copyright -- it wouldn't supersede the ones the university registered in 2003.

The university itself does not own any copyrights relating to its name because the school is not a literary, artistic, musical or dramatic work.

UOIT spokeswoman Donna McFarlane said the school owns trademarks on its logo and the "Challenge, Innovate, Connect" tagline that accompanies it.

"That's standard," she said. "I believe we've done all the things we need to do from a legal perspective. The name of the school is also embedded in the legislation (that established the school)."

Canadian copyright law is governed by the Copyright Act, which protects original literary, artistic, musical and dramatic works, including books, newspapers, dictionaries, magazines, computer software, paintings, architectural works, dramatic works, photographs, films, lyrics and music.

Even with a copyright, literary work can still be reproduced by media outlets, like newspapers, under "fair dealing" rules, such as publishing an excerpt from a book as part of a review or news story, as long as the author is credited.

"I think that it's a dead end from the point of view of the councillor," said UOIT president Ron Bordessa. "I can't imagine why anyone would want to adopt the position that he has. The use of the name of the university can't be restricted. It's in the common usage."

When asked if the copyright puts him in a conflict of interest when it comes to voting at council on issues related to the university, Coun. Lutczyk said "none whatsoever."

But Mayor John Gray isn't so sure.

"As far as I'm concerned, because he can derive a monetary benefit from that name, I would think he has a conflict of interest," the mayor said, adding that he is not impressed with the councillor's actions.

"Mayors and councillors have no right to buy up these names and try to use them for their own benefit. That name belongs to the university. It's not his right to abscond with it for whatever dubious purposes he has."

This isn't the first time Coun. Lutczyk has made unsuccessful copyright efforts.

In 2005, around the same time he obtained the literary copyright on "University of Ontario Institute of Technology," Coun. Lutczyk registered another literary copyright for the titles "Medical School in Oshawa" and "Medical School at the University of Ontario Institute of Technology."

He then accused his colleague, Councillor John Neal, of stealing his "intellectual property" after Coun. Neal said a medical school at the university would help bring physicians to the community.

Coun. Lutczyk called for the other councillor's resignation over the matter.