Class members are advised to file a claim with the Claims Administrator, Duff & Phelps. The claims filing deadline set by Order of the Court is October 15, 2011.

Robertson v. ProQuest, CEDROM, Toronto Star Newspapers, Rogers and Canwest

William Dovey, of Duff & Phelps, was appointed by the court to serve as claims administrator in this class action lawsuit regarding e-rights for freelance writers. The information on this page is provided as a reference to freelance writers who may be eligible for settlement funds. Additional information concerning this case can be found on the website of Koskie Minsky LLP (the Toronto firm which served as class counsel) at www.kmlaw.ca/freelanceclassaction.

Overview

This class action relates to allegations that the Defendants infringed the copyright of authors and assignees of literary works published in print by the Toronto Star Newspapers Ltd., Rogers Publishing Limited and Canwest Publishing Inc. It alleges the Defendants disseminated these literary works in online databases without permission. The Plaintiff sought monetary damages an injunction to prevent future infringements. The Defendants in the action are Toronto Star Newspapers Ltd., Rogers Publishing Limited, CEDROM-SNi Inc. and ProQuest Information and Learning LLC. Canwest Publishing Inc. was a Defendant, but the action was dismissed against it in June 2010.

The complete definition of those persons who are included in this class action is set out in the order certifying this action as a class action, as amended; the class definition can be viewed here. Generally, the persons included in this class action (often called "class members") are comprised of authors or assignees of literary works published in Canada in print by Toronto Star Newspapers Ltd., Rogers Publishing Limited or Canwest Publishing Inc. and whose literary works were made available to the public in online databases.

For example, an author may be a class member if she wrote an article for the National Post (which was published by Canwest) and which appeared in full text in an online database operated by ProQuest. The class excludes (i) persons who by written agreement assigned the copyright in their works to another person, (ii) persons who by written agreement granted a Defendant a license to use their works in electronic media, (iii) persons who by written agreement granted another person a license to use their works in electronic media and that person granted a license to one of the Defendants and (iv) persons who are or were employees of one of the Defendants and who wrote the works during the course of their employment.

Essentially, this class action relates to the literary works of freelance authors. Anyone who thinks he or she may be a class member should review the full class definition.

Settlement

There has been a settlement of this class action that will provide approximately C$7.9 million in cash for the benefit of class members. In return, there will be a release of all claims against these Defendants and their affiliates and a licence in respect of literary works that were published by Toronto Star, Rogers, Canwest or their affiliates.

Freelance writers who contributed to any of the specified media outlets in the case may be eligible to claim settlement money. Staff writers are not eligible to participate in the settlement. A list of the publications covered by the settlement is available on this website and on that of Koskie Minsky. Further details of the settlement are also available on these websites.

Freelance writers who wish to make a claim should consult the publications list, take note of eligible media outlets they have contributed to, then fill out a claims form and return it to Duff & Phelps. Freelancers can also consult a subject database, available in many libraries, to compile a list of writing credits that may qualify for settlement funds. Freelancers do not need to provide copies of published articles as part of their claim. Claim forms have to be submitted by 5:00 p.m. on October 15, 2011.

Once claim forms have been collected, Duff & Phelps will determine payment based on a point system which will take into account compensation, length of articles, and prominence of the media outlet they appeared in. Freelancers without access to email or the Internet can contact www.kmlaw.ca/freelanceclassaction or Duff & Phelps and request a copy of the publication list and claims form, to be sent via fax or surface mail. Freelance writers with additional questions about the settlement are also urged to contact these firms.

Eligible freelancers may complete and submit a claim form, along with supporting documents, to Duff & Phelps via fax, email or surface mail. Duff & Phelps can be reached at:

Duff & Phelps Canada
80 Richmond Street West
Suite 2000
Toronto, Ontario
M5H 2A4
Telephone: +1 416 361 2590
Fax: +1 416 364 2904

Email address: dp.Claimsadministrator@duffandphelps.com
Website: http://www.duffandphelps.com/ca