Food Photographer Wins Copyright Case Against Food Delivery Service

A food photographer has successfully sued a food delivery service in Canada after discovering his images were used on the company’s website without permission. 

Shoichi Matsumoto, a popular Japanese influencer and food blogger, was awarded $8,000 in damages by a Federal Court judge, marking a clear win for content creators fighting unauthorized use of their work.

According to a report by the Vancouver Sun, Matsumoto discovered that Canuck Eats, a national franchise based in British Columbia, had posted two of his photos online without obtaining a license or his consent. 

After the company failed to respond or file a defense, Judge Angela Furlanetto issued a default judgment in Matsumoto’s favor.

Details of the Judgment

The court awarded Matsumoto $3,000 for each of the two photos Canuck Eats had used. These amounts reflect roughly half of the licensing fees or production costs he typically charges clients for his work. 

In addition to compensatory damages, the judge granted Matsumoto $2,000 in punitive damages, recognizing the deliberate and profit-driven nature of the infringement. These damages are intended both to condemn Canuck Eats’ actions and to discourage similar behavior by other companies.

Matsumoto was also reimbursed legal costs of approximately $2,500, bringing the total award to $8,000. 

A second Japanese food blogger, Shen Chen, also claimed that Canuck Eats had used eleven of his images. However, his claim was dismissed because the court determined that the copyright belonged to his company, Just One Cookbook, and he did not have authority to file the lawsuit individually. 

This illustrates the legal nuance around ownership: only the copyright holder can enforce rights in court.

Both Matsumoto and Chen initially discovered the unauthorized use roughly two years ago and had sent demand letters to Canuck Eats with no response. Their experience shows that companies sometimes ignore infringement claims until legal action is pursued.

The Role of Copyright in Photography

This case highlights the importance of understanding copyright as it applies to professional photography. 

In Canada and internationally, copyright grants creators exclusive rights to reproduce, distribute, and display their work. Companies that use images without permission can face significant financial penalties, even when they operate as large franchises or national businesses.

For photographers, the case serves as a reminder that monitoring how your images are used and taking action when they are infringed is crucial. Legal remedies like compensation, punitive damages, and reimbursement for legal costs are available if unauthorized use occurs.

By successfully enforcing his copyright, Shoichi Matsumoto has underscored the value of protecting creative work.

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