VANCOUVER — A filmmaker fighting a lawsuit by the Vancouver Aquarium over alleged copyright infringement in a documentary criticizing the treatment of dolphins and beluga whales says the facility breached a contract with him.
Gary Charbonneau says in his response to a civil claim that the facility agreed to let him film the animals for his documentary "Vancouver Aquarium Uncovered," but then refused, and also failed to provide him with a quiet setting to conduct interviews with staff.
Charbonneau says he used images and video from the aquarium's website and blog for educational purposes, following the terms listed on the site, and credited the facility in the documentary.
The aquarium filed a notice of civil claim last month saying Charbonneau and his company used its material without permission and violated a contract allowing him to film at the facility.
Charbonneau says the aquarium has never identified any factual inaccuracies in the documentary and did not file a lawsuit after one of its employees watched it at a screening last July.
He says the suit was filed only after Vimeo informed the facility it would remove the documentary from its site if a copyright suit were filed, though YouTube has refused to take down the film despite the aquarium's attempts.
