You are correct that Canada doesn't have a "DMCA" as yet.
US issues are discussed quite a bit on here, and "statutory damages" often come up.
In the US, the plaintiff can only seek statutory damages if the image in question has been properly registered with the copyright office.
Otherwise, the plaintiff can only seek damages which amount to the purchase price of the image.
Canada doesn't have such a restriction. The plaintiff may choose to seek "damages" or "statutory damages".
Statutory damages usually being higher because it includes losses above and beyond the purchase price.
It's basically whatever the plaintiff can think up to increase an award, or intimidate the defendant.
There have been about 60 Masterfile lawsuits in Canada, and only two Getty lawsuits that occurred several years ago.
In almost every case, these actions have been settled out of court, abandoned by the plaintiff, or a judgement was made against a defendant that defaulted.
I can only think of two cases that actually went before a judge; both were Masterfile cases.
One was a win for Masterfile, with MF awarded "a multiple of the license fee".
The other was a big loss also by Masterfile. Search for Masterfile vs World Internet.
So, there's not a lot to go on as far as example cases go.
I have also heard that Getty does employ some lawyers in Canada to send out threatening letters as well.
Much as in the US, the Achilles heel of these cases turn out be who actually owns (and therefore who has the right to collect damages) in cases of infringement.
Getty has done a terrible job in this regard, and would be quite easy to defeat if they do not own the rights to the work in question.
So, that's where to start should you feel the need to fight.
I should also note that companies such as Masterfile have registered their actual printed catalogs with the Canadian Intellectual Property Office.
These are catalogs that they used to mail out to companies as part of their marketing efforts, which also included CD-ROMS.
While the "book" may be copyrighted, do check into the actual contracts between the stock image company and the photographer/artist.
The "copyrighted" catalog doesn't necessarily mean that the stock image company has a right to collect damages on behalf of the artist.
Although, I will admit that Masterfile has made much greater efforts than Getty in securing proper contracts.
Good luck,
S.G.
Topic: are there any special legal considerations for lucky Canadians receiving EL's? (Read 3365 times)