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Market research company's unauthorized use of copyrighted photographs did not qualify as fair dealing.
The plaintiff, a professional photographer, brought an action for copyright infringement against a market research company and its CEO for the unauthorized posting of his copyrighted photographs on their website.
The defendants argued they did not infringe the copyright as the posting fell under the fair dealing exception for research.
The Federal Court found that while the use constituted research, it was not fair dealing under the holistic analysis of the relevant factors.
The claim against the CEO was dismissed for lack of evidence.
The plaintiff was awarded nominal damages and costs.
