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THE
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FRIDAY, MAY 22, 2015
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Artist launches lawsuit, alleges art was misused by Games organizers
Mark NIELSEN Citizen staff
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-com-mercially,” 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
:en photo by brent braaten
Jennifer Pighin holds up the medal she designed for the 2015 Canada Winter Games.
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 $20,000 from each of the defendants - there are four in all - for the alleged infringement of her copyright and moral rights to the work. The defendants have not yet filed responses.
Progress made on Bobtail Lake fire
Mark NIELSEN Citizen staff mnielsen@pgcitizen.ca
Crews have made significant progress on containing a major forest fire southwest of Prince George but not enough to completely calm the fears of property owners in the area.
The Little Bobtail Lake fire remained at 25,000 hectares and was 45 per cent contained as of Thursday morning - up from 30 per cent the day before - while the weather appeared to be cooperating.
But Nechako-Lakes MLA John Rustad, who lives at Cluculz Lake, noted many homes remain subject either to evacuation orders or evacuation alerts.
“Anytime you’re under evacuation alert, it’s certainly causes stress because you never know when you get that phone call or somebody knocking on your door saying you’ve got to leave,” Rustad said.
He said it looks like the chances of the alert being upgraded to an order has been reduced as crews continue to work on the fire, “although I think it’s important the alert remains in effect.”
“Things are so dry out there that if you get a sudden change of weather you could end up in a very serious situation in a very short period of time,” Rustad added.
An evacuation order remained in effect for about 80 homes in the Norman Lake area and the Dahl Lake and Bobtail Mountain provincial parks are still closed. More than 800 homes in the Cluculz, Bed-nesti and Berman Lake areas remained subject to the evacuation alert.
Rustad commended the crews for the work they’ve done and noted no structures have been damaged as a result of the fire, which was discovered two weekends ago.
As of Thursday, more than 315 firefighters are on site, along with 11 helicopters, 45 pieces of heavy equipment and six airtankers.
Wildfire Management reminds the public that the evacuation orders and restrictions are still in place and to stay away to let the crews do their jobs.
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