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ARTICLE · 25 SEPTEMBER 2019

Unauthorized Reproduction Of Online Content Proves Costly

Earlier this year, the Federal Court awarded damages of $20 million for the unauthorized reproduction of obituaries online.

CanadaIntellectual Property

Earlier this year, the Federal Court awarded damages of $20 million for the unauthorized reproduction of obituaries online. That decision, Thomson v. Afterlife Network Inc., 2019 FC 545, demonstrates that severe penalties are available against online operators who infringe copyright for commercial purposes.

Background

Afterlife, an online website that reproduces obituaries, launched in 2017. Afterlife reproduced over one million obituaries with related photos of deceased Canadians. Grieving families were angered by Afterlife's conduct: the site had reproduced obituaries and photographs without their consent, sold flowers and virtual candles and hosted advertising for third-party businesses in association with the obituaries. Afterlife's Terms of Service also stated that Afterlife owned the copyright in the site contents.

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