The parents of 10 students, whose drawings were reproduced on coffee mugs and other objects by their art teacher who sold them online without their knowledge, have filed a $1,800,000 lawsuit, said find out on Monday the father of one of them.
The teacher, Mario Perron, and the Lester B. Pearson school board, are targeted by this action for damages, filed in the Superior Court of Montreal on Friday.
Mr. Perron teaches at Westwood high school in Saint-Lazare, a town located on the west of the island of Montreal.
Last February, some of his students searched online to see their teacher’s “professional accomplishments,” the lawsuit alleges. The duty got a copy.
They then made a “surprising” discovery: a profile using the name “Mario Perron” is on the site. fineartamerica.comand the latter put several thousand items on sale there, including coffee cups, canvases, cushions and bags on which appear in particular drawings made by students in their plastic arts class – at prices ranging between US$9 and US$113, it is alleged in the action.
The teacher used an assignment called “Creepy Portrait” which involved producing a portrait of a classmate or themselves inspired by the style of American artist Basquiat .
These are violations of the students’ copyright in their works, it is alleged in the action.
None of the allegations therein have yet been proven before a judge.
In addition to the damage, the students’ parents are asking the school board and Mr. Perron to ensure that the items are removed from online sales sites, and that all links and images are removed. They are also seeking a written apology and $100,000 in punitive damages.
When the school board was put on notice last February, it said it took these allegations “very seriously” and assured that an investigation was underway at that time.