Gadbois v. 2734-3540 Québec inc., 2020 QCCQ 11186


Read full decision. Summary prepared by Alan Macek:

Gadbois, painter and sculptor, claims damages and punitive damages from 2734-3540 Québec since his copyright was infringed following the publication by 2734 of a photograph of one of his works, a wood sculpture entitled "La dance under the skin". For its part, 2734 claims to have from Mr. Gadbois the required authorizations for the publication of this photograph of the Work. Furthermore, 2734 is of the opinion that the publication of the photograph in question did not require any authorization on its part. ... Ms. Forget infers from the presence of Mr. Gadbois at the 1995 exhibition that he had necessarily signed such an authorization but she is unable to prove it. This argument is insufficient since, in the light of the provisions of the Law, the authorization to reproduce a protected work must be given in writing. ... Considering that there has been an infringement of copyright, 2734 must be ordered to pay damages to Mr. Gadbois. In the circumstances and according to the criteria provided for in the Law[15] , the Tribunal sets the damages at $ 1,000. (based on a translation)


Canadian Intellectual Property