A local artist is taking organizers of the 2015 Canada Winter Games and three Prince George automobile dealerships to small claims court over their use of images she designed for the event.
In a statement of claim filed this week at the Prince George courthouse, Jennifer Pighin contends the Prince George 2015 Canada Winter Games Host Society breached a contract that gave it a licence to use her artwork "non-commercially," between Feb. 13 and March 1.
On March 1, she discovered vehicles emblazoned with her design that were used throughout the Games to shuttle officials, media and athletes were up for sale at three dealerships.
Over the next few days, letters were delivered to each of the dealerships demanding they cease selling the vehicles and demanding $5,000 per day provision for the alleged unauthorized use of her work. Pighin also demanded a public apology and a published correction acknowledging a failure to attribute the work to her.
A response was expected within 21 days of delivery and, in the meantime, Pighin noticed the vehicles visibly on display at the three dealerships and learned three of the vehicles had been sold. In all, the artwork had been applied to 98 vehicles.
Pighin also learned her artwork was being used in advertisements, a website banner and brochures, a pop-up ad and displays.
Throughout March, Pighin tried to resolve the issues through negotiations, according to the claim.
"Unfortunately, these efforts were not successful," the claim states and on March 27, a second letter was sent to the three dealerships demanding that all use of her artwork cease immediately.
But as of a month later, it continued to be used on their websites and, as late as May 11, she noticed a pop-up ad on an unrelated website featuring a vehicle with her artwork.
The claim says that as a visual artist, Pighin relies on the sale of her work for income and that her livelihood also depends on maintaining the value of her work by successfully branding her name.
Pighin is seeking $5,000 from the Host Society for the alleged breach of contract and a further $20,000 from the defendants for the alleged infringement of her copyright and moral rights to the work, for a total of $25,000.
The defendants have not yet filed responses.
