Maple Leaf Broadcasting v. Composers, Authors and Publishers Association of Canada Ltd.

Maple Leaf Broadcasting v. Composers, Authors and Publishers Association of Canada Ltd.

The majority held that the statements filed and certified were "fees, charges or royalties" under ss.10/10A/10B, that the Copyright Appeal Board lawfully could fix fees as a percentage of licensees' gross revenue and could prescribe reasonable methods to ascertain or verify that revenue (and thus approve verification provisions), that certification relates back to the start of the year, and that 'tendered' may be construed as an offer to undertake to pay; accordingly the tariff was valid and the appellant infringed, so the appeal was dismissed.

Citation
[1954] SCR 624
Parties
Appellant/defendant: Maple Leaf Broadcasting Company Limited; Respondent/plaintiff: Composers, Authors and Publishers Association of Canada Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
5 October 1954
Procedural Posture
Copyright Infringement; Test Case Challenging Tariff Validity / On Appeal to the Supreme Court of Canada From the Exchequer Court of Canada Judgment
Outcome
Appeal dismissed
Legal Topics
Performing Rights, Tariff Approval, Copyright Appeal Board Powers, Inspection of Licensee Books, Statutory Interpretation, Licensing Fees
Source Language
English
Intellectual Property Copyright Law Administrative Law Performing Rights Tariff Approval Copyright Appeal Board Powers Inspection of Licensee Books Statutory Interpretation +1 more

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Parties

Maple Leaf Broadcasting Company Limited

Appellant/defendant

Composers, Authors and Publishers Association of Canada Limited

Respondent/plaintiff

Procedural Posture

Copyright Infringement; Test Case Challenging Tariff Validity / On Appeal to the Supreme Court of Canada From the Exchequer Court of Canada Judgment

Legal Issues

  1. 1 Whether the statements filed and certified constituted "fees, charges or royalties" under ss.10, 10A and 10B of the Copyright Act
  2. 2 Whether the Copyright Appeal Board had power to fix fees as a percentage of licensees' gross revenue
  3. 3 Whether the Board could include as a tariff term the right of the copyright society to inspect licensees' books to verify gross revenue

Ratio Decidendi

The majority held that the statements filed and certified were "fees, charges or royalties" under ss.10/10A/10B, that the Copyright Appeal Board lawfully could fix fees as a percentage of licensees' gross revenue and could prescribe reasonable methods to ascertain or verify that revenue (and thus approve verification provisions), that certification relates back to the start of the year, and that 'tendered' may be construed as an offer to undertake to pay; accordingly the tariff was valid and the appellant infringed, so the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Declaration (as amended) that the appellant infringed the plaintiff's copyright by public performance without consent