2015 QCCQ 2337, 2015 QCCQ 2337

Donglu c. Sinoquébec Media inc. 2015 QCCQ 2337 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-137350-130 DATE: March 9, 2015 ______________________________________________________________________ BY THE HONOURABLE JEFFREY EDWARDS, J.C.Q. ______________________________________________________________________ YU DONGLU Plaintiff v. SINOQUÉBEC MEDIA INC.

Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Yu Donglu sues Sinoquébec Media Inc. (“ Sinoquébec ”) for damages resulting from: 1) breach of copyright; 2) use of her original artwork and 3) errors in a newspaper

article published about herself in the Chinese language newspaper Sinoquébec owed by Sinoquébec. [ 2 ] Ms. Yu testifies that she became aware of the

article on or about November 3, 2012 after it was first published. She had been working for Ubisoft on the Assasin’s Creed project but was on maternity leave at the time of the publication. [ 3 ] The

article was published without the journalist owner of Sinoquébec, Mr. Jian Zhao, contacting her or obtaining an interview. [ 4 ] The

article was quite flattering about Ms. Yu. [ 5 ] However, it also included a photo of Ms. Yu’s original and personal artwork and no authorization was given by her for that use. Also, the

article incorrectly referred to the work as being part of the Assassin’s Creed video game. [ 6 ] Furthermore, the

article contained an important error and stated that Ms. Yu worked at another company and not her actual employer at the time, Ubisoft. The

article stated that she worked at a competitor. [ 7 ] Ms. Yu explained that, after the publication of the article, she had to field many calls from her work colleagues who had read the

article and inquired about her apparent change of employer. [ 8 ] Ms. Yu testified that the

article caused her tremendous stress and inconvenience for this reason. This was supported by testimony of her husband Mr. Qiang Zhang and a work colleague, Ms. Wang Yi Qing. [ 9 ] Ms. Yu explained that since she was taking care of her newborn in the early stages she was in no position to start circulating at work to correct the confusion caused by the article.

[ 10 ] Also, as already stated, Ms. Yu had worked, before her maternity leave, on a prestigious project referred to as the " Assassin’s Creed " project which is a very popular video game. At Ubisoft, it was a very competitive process to be selected from the general staff to work on this project and Ms. Yu worried that the incorrect information stated and circulated in the newspaper

article to the effect that she was working for a competitor would be perceived as a lack of loyalty by the management of Ubisoft, and ultimately would jeopardize her position on the project upon her return from maternity leave. [ 11 ] Despite four (4) calls to Sinoquébec by Ms. Yu’s husband, including a conversation with the owner of Sinoquébec, Mr. Zhao, no correction was issued even after sending a lawyer's letter requesting a correction and an apology (Exhibit P-4). [ 12 ] Ms.

Yu had no choice but to take legal action against Sinoquébec and deposited legal proceedings. [ 13 ] Finally, after the legal proceedings were filed into Court, Sinoquébec issued a correction but still made no apology for any inconvenience. This correction was only published on March 15, 2013, some four months after the publication of the original article. This long and excessive delay was not justified by Sinoquébec at the hearing. The passing of such a long time period meant that the misinformation published continued to cause damages and was not corrected.

In general, a correction should be published swiftly in order to halt or at least reduce the damages caused by the error. [ 14 ] Strangely, the correction was made in English only and not in Chinese which is the language of the newspaper. Ms. Yu testified that this prevented most readers of the newspaper from understanding the content of the tardy correction. [ 15 ] The Court holds that Sinoquébec was negligent in virtue of

Article 1457 of the Civil Code of Quebec and breached applicable journalistic norms of due diligence in failing to carry out reasonable verifications before publishing the

article which contained several important errors. [ 16 ] The Court also holds that Ms. Yu’s copyright in her artwork was infringed. [ 17 ] Ms. Yu made proof that her work has been charged out for several thousands of dollars depending on its configuration (Exhibit P-11). [ 18 ] In light of the above, the Court will grant the following damages: 1) Lawyer and Bailiff costs: $370.60 [1] ;

b) Translator costs for exhibits: $140.00;

c) Stress and inconvenience: $750.00;

d) Breach of copyright: $750.00 [2] , the whole totalling $2,010.60. FOR THESE REASONS, THE COURT: GRANTS in part Yu Donglu’s motion; CONDEMNS Defendant Sinoquébec Media Inc. to pay Yu Donglu $2,010.60 with legal interest of 5% per year and the additional indemnity provided by

Article 1619 of the Civil Code of Quebec since December 6, 2012, which is the date of the demand letter (Exhibit P-4); WITH JUDICIAL COSTS of $167 in favour of Yu Donglu. __________________________________ Jeffrey Edwards, J.C.Q.

Date of hearing: March 9, 2015