Dispute over Unauthorized Broadcasts by the CBC

By Sarah D. Pinsonnault The Appellant in Leuthold v. CanadianBroadcasting Corporation, 2014 FCA 173 is a professional photo-journalist fromNew York City who was present and took photos of the “September 11th”(or commonly known as “9/11”) terrorist attacks on the World Trade Center. TheCanadian Broadcasting Corporation (“CBC”) wished to use five of her imagescaptured that day for a documentary it was commissioning that focused on how 9/11was seen through the eyes of journalists, cameramen, and photographers.However, due to an honest mistake admitted by the CBC, these images wereaccidentally broadcasted without her authorization on six occasions. In lightof this admitted infringement of her copyright in these images, the Appellant claimedapproximately US $20 million against the CBC. Context The “honest mistake” in question stemmed from,in part, a misunderstanding of the scope of the consent granted by theAppellant to the CBC. More precisely, it was unclear as to whether her consentalso applied to the… Lire la suite