Japanese Food Photographer Wins Copyright Infringement Lawsuit Against Canadian Delivery Company

A recent legal victory for a Japanese culinary photographer against a Canadian food delivery platform underscores the critical importance of intellectual property protection in the digital realm. This case serves as a poignant reminder for businesses to respect creators' rights and for artists to proactively safeguard their work.

Protecting Visual Creations: A Landmark Ruling for Photographers

A Photographer's Digital Discovery Leads to Legal Action

Shoichi Matsumoto, a renowned Japanese culinary photographer whose work has graced esteemed publications and culinary programs, initiated legal proceedings against Canuck Eats, a Canadian meal delivery enterprise. The lawsuit, filed in Canada's Federal Court in British Columbia, stemmed from Matsumoto's discovery that two of his original food photographs were being utilized without authorization on Canuck Eats' online platform. These images were linked to restaurants in Oshawa, Ontario, for which the company provided delivery services.

Unheeded Demands and the Path to Litigation

Upon identifying the unauthorized use, Matsumoto, who also curates the food blog "No Recipes," dispatched a formal cease and desist letter to Canuck Eats, citing copyright infringement. However, his communication went unaddressed. Consequently, in June 2024, Matsumoto proceeded with legal action against the British Columbia-headquartered delivery company after their persistent refusal to remove the infringing visual content from their website.

Federal Court's Judgment on Copyright Infringement

Federal Court Justice Angela Furlanetto delivered a ruling affirming that Canuck Eats, a prominent national food delivery franchise, had indeed violated Matsumoto's copyright. Given that Canuck Eats failed to submit a statement of defense or any counter-evidence, Justice Furlanetto issued a default judgment in Matsumoto's favor. The court subsequently awarded Matsumoto a total of $7,260 (CAD 10,000) in compensation.

Assessing Damages for Unauthorized Image Use

Justice Furlanetto mandated that Canuck Eats pay $2,178 (CAD 3,000) for each of the two unlawfully used photographs. This sum represented half of the typical licensing or production fees Matsumoto would charge for comparable photographic work. The court's decision took into account the commercial value and professional standards associated with the photographer's creative output.

Punitive Measures and Legal Cost Recovery

Matsumoto also sought punitive damages, asserting that Canuck Eats' actions were premeditated, driven by commercial gain, and perpetuated over an extended duration. Justice Furlanetto granted an additional £1,452 (CAD 2,000) in punitive damages, emphasizing that such awards serve to condemn misconduct and deter similar infringements by others. Furthermore, the court ordered Canuck Eats to cover Matsumoto's legal expenses, which amounted to approximately $1,815 (CAD 2,500).

A Separate Claim and the Importance of Legal Standing

In a related development, another Japanese food influencer, Shen Chen, brought forth a separate claim against Canuck Eats, alleging the unauthorized use of eleven of his food photographs. However, Justice Furlanetto dismissed Chen's claim. The dismissal was based on the finding that the copyright for these images belonged to his company, Just One Cookbook, rather than to Chen personally, thereby indicating a lack of proper legal standing for his individual claim. This highlights the crucial distinction between personal and corporate ownership of intellectual property in legal dispute