Marek Nitoslawski

The Court held that broadcast-incidental copies engage the reproduction right and that no implied licence covered those copies, but allowed the appeal because the Copyright Board’s royalty valuation failed to apply technological neutrality and balance.

The 2008-2012 licence and related interim licence were set aside and remitted for reconsideration.

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.