By Canadian Press

Damages of $20 million awarded against obituary website in class action ruling

May 2, 2019 | 8:58 AM

ST. JOHN’S, N.L. — A judge has ordered an online obituary site to pay $20 million in damages for the unauthorized use of notices and photographs taken from websites of Canadian funeral homes and newspapers.

Federal Court Judge Catherine Kane wrote in the class action lawsuit ruling issued Tuesday that the actions of Afterlife Network Inc. amounted to “obituary piracy.”

Kane found that by using photographs and details of the deceased and then inviting people to purchase flowers and other gifts, the company had repeatedly violated copyright.

Erin Best, a lawyer based in St. John’s, N.L., says the members of the class action are the authors of the obituaries and the people who took the photos.

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She says it’s not clear how many class members there are. There were over one million obituaries on the Afterlife website.

The action said the website generated revenues by displaying advertising of third-party businesses and by permitting users to light virtual candles and send flowers.

The judge also says in the ruling that she agrees with the applicant that Afterlife’s conduct was “high-handed, reprehensible and represents a marked departure from standards of decency.”

A spokesperson for Afterlife was not immediately available for comment, but the company has previously told CBC that it will edit or delete information from the site on request.

The ruling says that the firm didn’t contest the allegations brought forward in proceedings filed in Ottawa.

The Canadian Press