Copyright

There is this company on social media that I had found been using our content without permission. The video was of us using a product from his company. They had then took the video without and credit and changed the music in it as well


Asked 16 days ago in Puslinch, Ontario
Categories: Patents, Trademarks, Copyright

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Marc Z. Goldgrub

Answer by Marc Z. Goldgrub

VerifiedOntario lawyer

This would appear to be a case of commercial appropriation of personality or likeness. Essentially, it is the illegal, non-consensual use of a person's image for commercial purposes by another. 

This is an actionable tort claim recognized under Ontario common law, though it does, to some extent depend on the facts. For example, when the person whose image has been used cannot be recognized in the use, they may or may not be successful in their claim. 

As a former entertainment lawyer, I've seen this happen a lot. The first thing one typically does is notify the other party that (1) their use of one's likeness is unauthorized and illegal, and (2) if they do not remove the material in question for publication, further action may be taken against them. 


Posted 16 days ago


Marc Z. Goldgrub, J.D., LL.M. | Lawyer at Green Economy Law Professional Corporation
Licensed to Practice Law in Ontario and New York State
647-725-4308 | mg@greeneconomylaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Marc Z. Goldgrub, or search the Lawyer Directory.


Marc Z. Goldgrub

Answer by Marc Z. Goldgrub

VerifiedOntario lawyer

Sorry, let me make a slight correction, in (2), it should be "if they do not remove the material in question from* publication".

Posted 16 days ago


Marc Z. Goldgrub, J.D., LL.M. | Lawyer at Green Economy Law Professional Corporation
Licensed to Practice Law in Ontario and New York State
647-725-4308 | mg@greeneconomylaw.com

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Marc Z. Goldgrub, or search the Lawyer Directory.


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Thanks appreciate it

Posted 16 days ago

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