Lavigne (Valmedia) v. 9061-6632 Québec Inc.: Infringement Of Moral Rights Will Not Go Unpunished

• Published date: 09 February 2022
• Law Firm: Fasken
• Author: Ms Isabelle Kalar

True to its continental European heritage, Canada has a strong regime for the protection of moral rights. This includes the inalienable right of creators to be associated with their work as its author and to protect its integrity, notwithstanding any assignment of economic rights. These rights have been recognized in Canada under the Copyright Act (the "Act") since 1931 and have been repeatedly recognized in past decisions of the Supreme Court of Canada¹.

In Lavigne (Valmedia) v. 9061-6632 Québec inc., 2021 QCCQ 13322, Judge Choquette of the small claims division of the Court of Québec reminded users of content of the sanctions that may be imposed for infringement of moral rights. In that decision, the Court offered an interpretation of the parameters that govern the modification of photographs published in a newspaper.

In that case, the plaintiff, Emmanuel Lavigne, who was a professional photographer, contested the use of three of his photographs made by the defendant Journal Accès. Emmanuel Lavigne alleged that Journal Accès had infringed his copyright and his moral rights.

The Court held first, unsurprisingly, that the photographs were works protected...