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I found this interesting article regarding The Hudson's Bay using an unauthorized photo in an ad campaign.

 https://www.cbc.ca/news/canada/toronto/the-bay-hudson-hadiya-roderique-black-lawyer-1.6091025

The company says the image was used "by mistake."

It came "from a photographer's website used as inspiration when developing the campaign," spokesperson Tiffany Bourre said in a statement. 

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sorry your Honour it was a mistake that i left the bank with a bag full of bills from the cashier's till....  What a load a crap.  They stole someone's work, got caught and now say "it was by mistake"...  

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Mistake? Hah! If the image had been lifted even just as a preliminary visual, a copyright infringement had already been committed. But if you will "hire" interns to learn on the job, mistakes will happen daily. They don't know what they are doing and you, as the employer are completely responsible for their actions and mistakes . The agency or/and the photographer should go for The Bay for punitive damages. The Bay is a seriously big company and this is not acceptable behaviour

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Posted (edited)

Oddly enough, no mention of copyright, the article is all about the subject of the image, whose permission may not even have been required! AFAICS right of personality in Canada is the same as here, ie. nonexistent except for passing-off.

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26 minutes ago, spacecadet said:

Oddly enough, no mention of copyright, the article is all about the subject of the image, whose permission may not even have been required! AFAICS right of personality in Canada is the same as here, ie. nonexistent except for passing-off.

 

Canada would vary by province, but this seems to be Ontario so yes not majorly different form UK.  Though this image would appear to be for commercial use, promoting some corporate program,  so it do think usage would require some form of release which the photographer might have,Had The Hudson Bay Company bothered to check. 

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26 minutes ago, meanderingemu said:

 

Canada would vary by province, but this seems to be Ontario so yes not majorly different form UK.  Though this image would appear to be for commercial use, promoting some corporate program,  so it do think usage would require some form of release which the photographer might have,Had The Hudson Bay Company bothered to check. 

Copyright laws are governed by Federal not Provincial jurisdictions in Canada.

From the Wikipedia, "The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921."

I am guessing that both parties will come to some sort of agreement out of court. 

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11 minutes ago, Rico said:

Copyright laws are governed by Federal not Provincial jurisdictions in Canada.

From the Wikipedia, "The copyright law of Canada governs the legally enforceable rights to creative and artistic works under the laws of Canada. Canada passed its first colonial copyright statute in 1832 but was subject to imperial copyright law established by Britain until 1921."

I am guessing that both parties will come to some sort of agreement out of court. 

 

 

sorry, but what does copyright laws have to do with right of personality?  People are not copyrighted to the best of my knowledge (i did claim as a know-it-all kid that my mom had a trademark on my name, and therefore the teacher using it was in breach but that didn't go far )

 

 

 

there are at least 2 breaches by The Bay, the use of the Image (copyright) and the use of someone's likeliness in a commercial document, I think both should be challenged separately.

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We could be talking about two different things. 

In the right of personality, the plaintiff is required to show that she suffered damage through the appropriation of her personality rights. I don't think that she suffered any damage to her reputation in this case ( I could be wrong).

I am not a lawyer either, but I think that the copyright path would be the way to go.

Anyway, The Bay was very unlucky to have used an unauthorized photo of a lawyer. 

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