Decision

Lavigne (Valmedia) c. 9061-6632 Québec inc., 2021 QCCQ 13322

2021-11-24

Read full decision. Summary prepared by Alan Macek:

Emmanuel Lavigne (Valmedia), a professional photographer and videographer, maintains that 9061-6632 Québec inc. (Journal Accès) violated its copyright and moral rights by publishing and modifying, without its authorization, three of its photographs. He claims $ 5,000 per photograph, for a total of $ 15,000, as well as to order Journal Accès to publish a formal apology and a copy of the judgment ... For the 3 photographs in dispute, the agreed license is a “ community” type license . It allows, for a small consideration, the distribution of the work in any mode, without time limit. However, any reproduction must retain the Valmedia logo appearing in the photograph. ... Cropping for publication is not a violation of the right to the integrity of the work under the criteria of 28.2 of the Act. ... It is different with the photo credit. The editorial discretion claimed by Journal Accès does not allow it to erase the Valmedia credit placed in its author's favor. ... The Court concludes that Emmanuel Lavigne is entitled to damages of $400. ... As for the publication orders of apologies and this decision, Emmanuel Lavigne chose to bring his request to the Small Claims Division of the Court of Quebec, which has no jurisdiction to issue injunctive orders. (based on a translation)

 

Canadian Intellectual Property