Must Reads

CBC Sued for Unauthorized Fashion Show Taping

Nygard International, a women's clothing company, has sued the CBC for unauthorized recording of a fashion show.  The company claims both trespass and copyright infringement.

12 Comments

  1. Interesting case to watch.
    Although I don’t believe they have any grounds for copyright infringement here.

    In order to sue based on a claim of copyright infringement, they would have to register the copyright in question with the copyright office (this is universal, in Canada and US I believe).

    So if this is the case, what copyright have they registered? Is it a copyright on their own recording? If thats they case, they have no claim. The CBC footage is an original work. If they copyright is on the clothing designs themselves, I still don’t believe they’d have a claim as it would be qualified under fair use.

    This would be like… somebody stealing a case of DVD’s from a video store and re-selling them. Theres no copyright infringement, as they are original authorized copies. The only crime is theft, possesion of stolen goods, etc.

    In this case, I believe their only claim that stands a chance is tresspassing.

    I also believe that if they want this kind of exclusivity to their shows, they should improve their security. Perhaps armed guards at the door?

    X

  2. @Xetheriel
    Agreed, this will be interesting. Did the CBC air the recorded show? If they did, and the designs are produced by another company, then Nygard may have a stronger leg to stand on with respect to copyright; the CBC, by airing the designs, may be considered to have aided someone in the creation of counterfeit articles. Or did they broadcast Nygard’s corporate emblem without permission? Certainly the trespassing charge should stick. This was apparently a private, invitation-only event at a private location.

  3. Unfortunately, there is precedent…
    …there’s cases of proud moms and dads taking pictures of their sons/daughters in the school play only to have their cameras and even computers confiscated under police force with an “Anton Pillar”. Nasty piece of BS legislation that is.

  4. Newsworthy defence
    I believe that the CBC can use the news and noteworthy defence, after all a fashion show is just an animated press conference. Generally copyrights and trademarks doesn’t extend to newscasts otherwise every corporate logo and billboard would have to be grayed out.
    As for trespass, well everything that doesn’t happen on public streets is technically private property and requires permission to enter, so I suspect news crews get accused of trespass regularly.
    In general Nygard is worse than Apple when it comes to controlling its image. Nygard insists that the media sign agreements to ensure they get no bad press. Apple just puts on a good show and then lives with what the media publishes.
    Nygards attitude may work with the trade rags who want to be invited back to Nygard fashion shows, but doesn’t work with the news.

  5. more info please
    gregg, “Anton Pillar” orders are civil orders carried out by rights holders and their lawyers. The police cannot execute one of these orders. Can you please provide more information concerning your post and a link to the source. Also who’s camera’s and computers were seized at the school play and by whom since again, it is a civil order about a company or rights holder being wronged and a judge issuing the parameters of the search based on some violation.

  6. Xetheriel, you do not have to register a work to obtain copyright on it. Imagine if that were the case – every unfinished novel would be stolen and published without punishment. Your understanding on the law is incorrect. If considered as a performance, then the show is definitely copywritten and CBS must obtain the right to air their footage.

    Now, if the show occured in a public place, then they may not need permission. On the other hand, artists performing copywritten works cannot be recorded and rebroadcast without the permission of the original copyright holder. Obviously, it’s a complicated subject.

  7. @ police man
    No link, I was there when it happened!

    Cop sized the camera as the parents were on the way out of the auditorium on the grounds it “may contain” copyrighted images. Cop was talking about using an Anton Pillar with the producer of the play to possibly sieze the home computer of the people involved.

    School principal made a big announcement a week later that no cameras, recording devices or anything, including cellphones were to come into the theatre and people could be subject to random search and siezure on the way into all future events.

  8. Re
    At this time you have an opportunity to notice a professional submit article service to do your information about this topic accessible for article submission programs.

  9. where?
    Gregg,

    Again since you were there, can you tell me where this was? I have to say this make no sense…Which school, what police force, when? Details please…

  10. @ police man
    That school is part of a client contract (why I was there). I don’t want to jepordize that. It is in southern BC.

    No, it doesn’t make sense and they will not discuss it with me.

  11. lawsuit
    Mr. Geist, you should look more closely at some of the other lawsuits between Nygard, the CBC and Google (US)and other parties.

  12. Nygard sues to block media — Seeks to stop airing of CBC investigation
    http://www.winnipegfreepress.com/breakingnews/nygard-sues-to-block-media-81209597.html