Saad c. Le Journal de Montréal, 2017 QCCQ 122


Read full decision. Summary prepared by Alan Macek:

In this small claims proceeding, a photographer sought damages under the Copyright Act from Le Journal de Montréal (JdM). The photographer had taken portraits and provided the subject of the photos copies to post on Facebook. The JdM was provided the photos by the subject and incorporated them into its print and online publications without identifying the photographer. The Court found that the JdM should have done more to confirm the copyright status, was not entitled to the journalism fair dealing exception because it had not identified the author of the photos, and therefore was found to infringe the copyright and moral rights. Damages were granted at $500 per photograph for each use, for a total of $2000. (Summary based on a translation)


Canadian Intellectual Property