Archimed Studio inc. c. 9411-0715 Québec inc., 2026 QCCQ 487
2026-02-12
Read full decision. Summary prepared by Alan Macek:
Archimed claims that 9411 used eleven photographs without right, the copyrights of which still belong to Archimed, to rent out buildings. ... 9411 claims to have been authorized to use these photographs by its client, Capreit, which hired it to rent its buildings. 9411 specifies that Capreit itself acquired the right to use these photographs from the former owner of the buildings, Cons, at the time of the acquisition of the buildings. The latter had initially retained the services of Archimed to photograph the buildings. ... Capreit contacted Archimed [in 2022], to acquire the right to use nine photographs taken by Archimed in the context described above. These photographs are not, however, those in dispute, which are never even mentioned in their discussions. ... Indeed, 9411 and Capreit are third parties, to whom Cons could not transfer the rights to the photographs, unless it obtained the consent of Archimed, given the terms of the agreement binding Cons and Archimed. Moreover, Capreit was aware of this, since it paid the applicable rights to Archimed, in order to be able to use some of her photographs, originally taken for Cons. ... The Court considers that, in the particular circumstances of this case, 9411 should be ordered to pay $500 per photograph to Archimed, for a total of $5,500.