Vancouver Aquarium has won a partial victory in its bid to take a documentary critical of its treatment of its whales and dolphins off the internet.
Alleging copyright infringement, the Aquarium wanted an injunction of the documentary Vancouver Aquarium Uncovered by local filmmaker Gary Charbonneau.
A judge has granted the Aquarium a partial injunction, ruling that 15 contested segments totaling about four minutes of screen time must be removed from the film within seven days.
The rest of the documentary can stay online, at least until the case goes to trial.
Charbonneau says the trial has only brought more attention to his message.
“We will have our day in court, and as I said, there’s certain facts and statistics that still need to come forward. And the Vancouver Aquarium, in bringing this forward, has certainly brought a lot more attention.”
Charbonneau’s lawyer Arden Beddoes says it’s now up to the trial court to determine whether to not any abuse of copyright has taken place.
“Our position was on the application and remains there was no infringement of copyright certainly because this is fair dealing.”
Meanwhile Vancouver Aquarium has released a statement saying it is “pleased with the outcome of today’s court proceedings” and says its programs need to be “fairly represented and protected from those who choose to deliberately make false claims.”
No date has been set for the trial.
See the trailer for Vancouver Aquarium Uncovered