In a copyright appeal, the Court considered whether pre-existing sound recordings embedded in film and television soundtracks remain subject to equitable remuneration under s. 19 of the Copyright Act when the soundtrack accompanies a cinematographic work.
Applying modern statutory interpretation, the Court held that the soundtrack exclusion in the definition of sound recording captures pre-existing recordings in that context.
The Court found this reading consistent with the legislative scheme, parliamentary intent, and international obligations under the Rome Convention.
As a result, the proposed tariffs could not be certified for performances or communications of recordings when accompanying cinematographic works.
