Federal Court certifies class action lawsuit against obituary site

ST. JOHN’S, N.L. — The Federal Court of Canada has certified a class action lawsuit against a website that collects obituaries and reposts them.

St. John’s lawyer Erin Best says the class involves between 1 and 2.5 million members, based on the number of entries, and includes people who have “authored or received by assignment” the obituaries and photos published on the website.

The statement of claim, which has not been proven in court, alleges that the site managed by Afterlife Network Inc. contains hundreds of thousands of obituaries and photographs copied without permission from the websites of Canadian funeral homes and newspapers.

The Jan. 11 class action document says the reproductions infringe copyright, and that Afterlife hasn’t sought permission from the copyright holders.

The action says the website generates revenues by displaying the advertising of third party businesses and by permitting users to “light virtual candles and send flowers.”

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Class members can opt out until October 1.

A spokesperson for Afterlife was not immediately available for comment, but the company has previously told media outlets it will edit or delete information from the site on request.

Afterlife’s website says that it has become one of North America’s largest databases for obituaries.

The Canadian Press