The Estate of Vivian Maier v. Stephen M. Bulger, 2024 FC 1267
Justice Furlanetto - 2024-08-15
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The case involved copyright infringement of photographs taken by a late renowned photographer. The Plaintiff, the Estate of the photographer, claimed that the Defendants infringed copyright by various actions including exhibiting, offering for sale, and selling prints made from the photographs. The Defendants denied personal liability and argued fair dealing, copyright misuse, and legitimate sale. The court found the Gallery liable for infringement of 97 unique works and awarded statutory damages of $194,000 CAD. The court rejected claims for personal liability against an individual Defendant and punitive damages. The decision also addressed issues related to ownership of copyright, fair dealing defences, and quantum of damages. The court discussed the background of the photographer's work posthumous recognition, including the acquisition and distribution of her works by various parties.
Decision relates to:
- T-953-17 - THE ESTATE OF VIVIAN MAIER v STEPHEN M.BULGER ET AL