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Federal Court holds Afterlife infringed copyright by reproducing obituaries and photos without permission, grants a permanent injunction, and awards $20 million in aggregate damages.
The Federal Court of Appeal allowed the appeal and held that s.36(1) of the Federal Courts Act required application of British Columbia law and that under BC's Court Order Interest Act s.1(1) the court must add prejudgment interest to a pecuniary judgment from the date the cause of action arose; an election by a collective society under s.38.1(4) of the Copyright Act to recover statutory damages does not itself constitute a written waiver of the statutory entitlement to prejudgment interest, and SOCAN was entitled to $8,995.89 prejudgment interest.
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