wolfeel: The whole issue boils down to how much is her work worth?
Is it $40 as the station claims or is it $2,000 as she claims. If they cannot reach a settlement, she will have to pursue this matter through the small claims court. If I recall it costs $75 to file a claim. If she can convince the JP that her work sells for what she is asking for, the station will have no choice but to pay.
Different countries different rules.
For one, civil cases in Canada are determined by a judge not a jury, hence we don't see the sort of multi million dollar judgments like in the US for "spilling a cup of coffee in one's lap". What I'm saying that unless she can prove that actual harm was done to her business as a result of this action she can forget about punitive damages. I highly doubt that any intellectual property lawyer would take this case on unless it can be proven that this station has a pattern of stealing copyrighted material.
Anyhow, it will be interesting to see how this progresses.
jvkelley: If you can be sued $100-$5000 in Canada for stealing one song worth a dollar, I see no problem with suing someone $2000 for stealing a picture worth $100. But, this really should be handled in court, not in an email chain.
You are right. I guess she was hoping that some public shaming will get the station to agree to her request.
The whole issue boils down to how much is her work worth?