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Action for copyright infringement dismissed for failure to prove author's residency in a treaty country.
The plaintiff, a photographic syndication agency, brought an action against the defendant for copyright infringement of six photographs of Jennifer Lopez.
The action proceeded by simplified procedure.
The court ruled that the plaintiff failed to prove that copyright subsisted in the photographs under the Copyright Act, as there was insufficient evidence establishing the author's ordinary residence or citizenship in a treaty country at the time the works were created.
Furthermore, although the defendant reproduced the photographs on its website, the court found no real and substantial connection to Canada.
The action was dismissed with costs.
