Japanese Food Photographer Awarded $7K After Canadian Company Uses His Images
A Japanese food photographer has been awarded over $7,260 after a Canadian food delivery company used two of his images on its website without permission.
Shoichi Matsumoto, a popular Japanese food photographer and influencer who has had his recipes featured in The New York Times and on the Food Network, sued Canadian food delivery company Canuck Eats. Matsumoto filed the lawsuit in Canada’s Federal Court in British Columbia.
According to a report by the Vancouver Sun, Matsumoto says he discovered two of his food photos on Canuck Eats’ website. The photographer says his two images were used in connection with two restaurants in Oshawa, Ontario, for which the company offered delivery services. Matsumoto, who runs the No Recipes food blog, sent a demand letter to the company over the alleged copyright infringement, but didn’t receive a response. He filed the lawsuit against Canuck Eats in June 2024, after the British Columbia-based food delivery company refused to remove his copyrighted photographs from its website.
Vancouver Sun reports that Federal Court judge Angela Furlanetto ruled that Canuck Eats, a national food delivery franchise headquartered in British Columbia, infringed Matsumoto’s copyright. As Canuck Eats did not file a statement of defence in response to the lawsuit and did not present any evidence explaining why it should not be required to pay damages. Judge Furlanetto issued a default judgment in Matsumoto’s favor, and the Federal Court awarded Matsumoto $7,260 (10,000 Canadian dollars) in total.
Judge Furlanetto ordered Canuck Eats to pay $2,178 (3,000 Canadian dollars) in damages for each of the two photographs used without permission. The judge noted that this amount represented half of what Matsumoto claimed he typically charges clients in licensing or production fees for similar images.
Matsumoto also requested punitive damages, arguing that Canuck Eats’ actions were deliberate, profit-driven, and continued over a prolonged period. Judge Furlanetto awarded an additional £1,452 (2,000 Canadian dollars) in punitive damages, stating that such damages are intended to condemn the conduct and discourage similar behaviour by others. The court also ordered Canuck Eats to pay Matsumoto’s legal costs, which amounted to approximately $1,815 (2,500 Canadian dollars).
The Vancouver Sun also reports that a second Japanese food influencer Shen Chen brought a separate claim against Canuck Eats alongside Matsumoto. Chen alleged that the company used 11 of his food photographs without permission. However, Judge Furlanetto dismissed his claim after finding that he didn’t have the legal authority to bring the lawsuit, as the copyright to the images belonged to his company Just One Cookbook, rather than to him personally.
Image credits: Header photo licensed via Depositphotos.
