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NOTICE OF APPROVAL OF THE SETTLEMENT OF CLASS PROCEEDING
ROBERTSON V. THOMSON AND OTHERS
If you are a writer, artist or photographer, wherever you live, please read this notice
carefully as it may affect your rights.
This is a court-approved notice to people who may be members of the Class in the above
class proceeding. It describes the class proceeding, the class of people affected, and the
court-approved settlement of this class proceeding.
In 1996, Heather Robertson (the "Plaintiff"), a freelance writer, commenced an action
against The Thomson Corporation (now, Thomson Reuters Corporation), Thomson
Canada Limited (now, Thomson Reuters Canada Limited), Thomson Affiliates and
Information Access Company (now, The Gale Group, Inc.). In 2001, the action was
amended to include Bell Globemedia Publishing Inc. (now CTVglobemedia Publishing,
Inc.) as a defendant (collectively, the "Defendants"). In the action, the Plaintiff alleges
that the Defendants infringed the rights of creators or assignees of original literary or
artistic works published in print media in Canada ("Works") by disseminating or
authorizing the dissemination of copies of the Works through electronic databases,
contrary to the Canadian Copyright Act. The Plaintiff sought compensatory, punitive and
exemplary damages, as well as injunctive relief, on behalf of writers, artists and
photographers who created the Works ("Creators"), their estates and assigns. The
Defendants denied the Plaintiffs claims.
In 1999, the Superior Court of Justice certified this action as a class proceeding, on behalf
of the creators of original literary and artistic Works, their estates or assigns, where they
live.
The Class includes the following people:
A. All persons who were the authors or creators of original literary works or original
artistic works (collectively "Works") which were published in Canada in any newspaper,
magazine, periodical, book, newsletter, journal or other paper-based form whatsoever
(collectively "Print Media") which Print Media have been reproduced, distributed and/or
communicated to the public by telecommunication by the Defendants through any
computer database, CD-ROM, diskette, on-line service, or other electronic system or
device (collectively "Electronic Media"), on or after 24 April 1979 except:
(a) persons who by written document assigned all of the copyright in their Works to
the Defendants or their predecessors in interest in the subject Print Media; or
(b) persons who by written document granted to the Defendants or their predecessors
in interest in the subject Print Media a license to publish or use their Works in Electronic
Media; or
(c) persons who were unionized employees of the Defendants or their predecessors in
interest in the subject Print Media are excluded regarding any Works created for the
subject Print Media at times when their unions' collective agreements governed the use
of their Works in Electronic Media.
---
GEORGE LESSARD
Information, Communications and Media Specialist
451 Norseman Dr.
Yellowknife, Northwest Territories
X1A 2J1, Canada
Yellowknife Land Line # (867) 873-2662
Yellowknife Cell # (867) 445-9193
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