Canada: A Sound Recording That Is Part Of A Soundtrack Cannot Be The Subject Of A Tariff Under Section 19 Of The Copyright Act When The Recording Accompanies A Cinematographic Work: Re: Sound v. MPTAC (2012 SCC 38)
Performers and makers of "sound recordings" are
entitled to remuneration when their published sound recordings are
performed in public. The term "sound recording" is
defined in section 2 of the Copyright Act to mean a recording of
sounds but excluding any "soundtrack" of a
cinematographic work where it accompanies the cinematographic work.
The term "soundtrack" is not defined.
The collective society Re:Sound argued that the term
"soundtrack" should be found to refer only to the
aggregate of sounds that accompany a cinematographic work, and not
to the soundtrack's constituent elements. On its view,
pre-existing recordings incorporated into a soundtrack should still
be subject to remuneration.
This argument was rejected unanimously by the Supreme Court of
Canada based on principles of statutory interpretation. A
pre-existing recording of sounds is not considered a "sound
recording" when it is a soundtrack that accompanies a
The prospect of an internal investigation raises many thorny issues. This presentation will canvass some of the potential triggering events, and discuss how to structure an investigation, retain forensic assistance and manage the inevitable ethical issues that will arise.
From the boardroom to the shop floor, effective organizations recognize the value of having a diverse workplace. This presentation will explore effective strategies to promote diversity, defeat bias and encourage a broader community outlook.
Staying local but going global presents its challenges. Gowling WLG lawyers offer an international roundtable on doing business in the U.K., France, Germany, China and Russia. This three-hour session will videoconference in lawyers from around the world to discuss business and intellectual property hurdles.
A recent Saskatchewan Court of Queen's Bench decision allowed a court-appointed receiver to sell and transfer intellectual property rights free and clear of encumbrances, finding that a license to use improvements of an invention was a contractual interest and not a property interest.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).