Boyer c. Léonard, 2025 QCCQ 6240
2025-10-24
Read full decision. Summary prepared by Alan Macek:
At the time, Ms. Leonard paid Ms. Boyer $350 in professional fees plus an additional $100 for retouching the only photograph she obtained. A license agreement is also entered into between the parties for the sum of $500 to allow Ms. Leonard to use the photograph for five years for her professional brochure, her website and her social media, throughout the territory of Canada. Despite several reminders to that effect, Ms. Leonard failed to renew the Licence when it expired in January 2024. She nevertheless continued to use the Photograph. ... Ms. Léonard has a limited use licence. ... For these reasons, the Court concludes that there is infringement and that Ms. Boyer's copyrights are violated by this use. ... At the last renewal, the price for this same use for five years was increased to $775 while the price for a one-year Licence was set at $525. Using its judicial discretion, the Court sets the amount of damages at $775 for the use of the Photograph for nine months by Ms. Leonard after the expiry of the Licence and for several years on a website not authorized by the Licence. (based on a translation)