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International lawsuits (a corporation in Canada and a US customer)

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  • International lawsuits (a corporation in Canada and a US customer)

    I own a corporation in Canada and a US customer wants to sue us. When I first purchased the business a customer called and asked if he could use the videos on our website and edit out the company mentioned in the video. I asked the original owner if we owned the videos on our website and he said we did. So, I gave the customer permission to use them as he wanted. Within a few days I received a call from another very upset owner who originally paid and produced the video. I learned that she owned it and how it came to be. I apologized to her and she accepted. So I then asked the new customer to remove the video that he edited and he refused to do so. The original owner of the video then put a disclaimer on her website and mentioned that the original video was also on our website. Almost 5 yrs later he is sueing her for posting the disclaimer and because we are mentioned on her website, we will be included in the lawsuit. What are our liabilities in this situation and does he have to come to Canada to sue us? We are a very small company and this would force us to close. At this point, we can't even afford the $2000 retainer required by a lawyer.
    Please advise.

  • #2
    re: International lawsuits (a corporation in Canada and a US customer)

    What you describe is an infringement on the intellectual property of the person who created the video. If you are to be in the business you should know that you need a signed release to publish, broadcast, air, copy or distribute another's work.

    If you cannot afford to defend, you may consider dissolving your company. For as I see it you are exposed to suit and judgment.

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    • #3
      Re: International lawsuits (a corporation in Canada and a US customer)

      He will need to sue you in Canada. He would be unlikely to be successful. You did not own the rights in Canada or the US. You notified him of this. It is an issue between the woman who owns the Canadian rights and the guys who is using the video in the US, where her rights are not registered.
      Due to a recent promotion, I should now be referred to as Major Obvious.

      I would not be trying to provide information and knowledge if I did not sympathize.

      Some days it is just not worth chewing through the restraints to face life.

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