August Image LLC v. AirG Inc.

August Image LLC v. AirG Inc.

Action dismissed because plaintiff failed to prove that Canadian copyright subsisted in the photographs — August did not establish that the author was a citizen, subject or ordinarily resident of a Berne Convention country at the time of creation, and there was insufficient evidence of a real and substantial connection between the alleged online reproduction and Canada; failure to prove subsistence of copyright is fatal to the claim.

Citation
2022 FC 470
Parties
Plaintiff: AUGUST IMAGE LLC; Defendant: AIRG INC.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 April 2022
Procedural Posture
Copyright Infringement — Simplified Action / Trial and Reasons for Judgment (federal Court)
Outcome
Plaintiff's action dismissed.
Legal Topics
Authorship, Standing, Admissibility of Evidence, Best Evidence Rule, Internet Jurisdiction, Damages, Costs
Source Language
English
Copyright Intellectual Property Evidence Civil Procedure Jurisdiction Authorship Standing Admissibility of Evidence +4 more

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Parties

AUGUST IMAGE LLC

Plaintiff

AIRG INC.

Defendant

Procedural Posture

Copyright Infringement — Simplified Action / Trial and Reasons for Judgment (federal Court)

Legal Issues

  1. 1 Does Joe Pugliese own the copyright in the photographs at issue?
  2. 2 Does August have standing to assert copyright infringement in the photographs?
  3. 3 Did airG infringe copyright in the photographs?

Ratio Decidendi

Action dismissed because plaintiff failed to prove that Canadian copyright subsisted in the photographs — August did not establish that the author was a citizen, subject or ordinarily resident of a Berne Convention country at the time of creation, and there was insufficient evidence of a real and substantial connection between the alleged online reproduction and Canada; failure to prove subsistence of copyright is fatal to the claim.

Court Disposition

Plaintiff's action dismissed.

Orders

  • Action dismissed.
  • Costs awarded to Defendant to be assessed in accordance with the middle of Column III of Tariff B.