No Right To Be Forgotten

A recent Canadian decision shows how useful it can be to obtain copyright but unfortunately also illustrates how difficult it can be to have material removed from the Internet in Canada.

The Facts

The plaintiff performed in a series of pornographic works consisting of films, photos, and a series of performances broadcast over the Internet (collectively "the Works") between 2002 and 2003. The Works were created and filmed by Intercan, a Montreal, Quebec company.

In 2003, the plaintiff decided not to work in the pornographic industry and stopped working for Intercan. The plaintiff entered into an agreement with Intercan to transfer all copyright in the Works it produced to him and to remove all the Works from its websites, cease using and destroy the Works in its possession or control.