Profekta International Inc. v. Lee
A-23-96
Linden J.A.
30/4/97
4 pp.
Whether Motions Judge erred in assessment of damages for copyright infringement-Appellant in business of duplicating, distributing Asian language television programmes on video tapes-Respondent operating Fortune Book and Gift Store-Not licensed through Profekta to rent out TVB programme tapes-Pleaded guilty to one count of copyright infringement, fined $50-Motions Judge awarding appellant $9,500 in general damages, costs of $2,500, but no exemplary damages-Appellant taking issue with both quantum of general damages, refusal to award exemplary damages-In order to justify appellate intervention with assessment of quantum of damages, there must be evidence of wrongly applied principle of law or award reached must be wholly erroneous-Motions Judge properly assessed general, compensatory damages against respondent by considering both fees paid by appellant's only legitimate licensee in Windsor, evidence on extent, timing of respondent's possession of TVB tapes-No basis for interference with general damages award-Exemplary damages should only be awarded in cases where combined award of general damages, aggravated damages insufficient to achieve goal of punishment, deterrence-Several reasons justifying Court's intervention herein-Respondent's conduct in continuing to violate copyright before injunction issued flagrant in light of criminal conviction earlier, warning issued to her by Profekta and irresponsible attitude-Compensatory damages award modest considering financial benefit obtained by respondent in violating copyright-Extra profit made by respondent in not paying license fees not to be ignored-Award of punitive damages required in addition to compensatory damages in order to punish respondent for flagrant conduct and to deter her, others from similar conduct in future-Amount of $10,000 in punitive damages awarded-Appeal allowed in part.