Composers, Authors and Publishers Association of Canada v. Siegel Distributing Co. Ltd. et al.

Composers, Authors and Publishers Association of Canada v. Siegel Distributing Co. Ltd. et al.

Where a patron's coin-operated selection causes a primary gramophone mechanism to produce electrical impulses that are distributed to multiple speakers within a self-contained establishment under unified control, the resulting public performance is by means of a gramophone and thus falls within the s.50(7) exemption; accordingly no fees were payable.

Citation
[1959] SCR 488
Parties
Plaintiff/appellant: Composers, Authors and Publishers Association of Canada, Limited; Defendants/respondents: Siegel Distributing Company Limited; Vasil C. Lek-Sovsky; Pando C. Pereloff; Boris C. Leksovsky, administrator of the estate of Vasil Penchoff, deceased; Pandalis Chris; Traikos Alexopolus; William Michail
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
25 March 1959
Procedural Posture
Copyright (public Performance) / Appeal to Supreme Court of Canada From Exchequer Court of Canada Judgment
Outcome
Appeal dismissed; Exchequer Court judgment affirmed; Cartwright and Fauteux JJ. dissenting
Legal Topics
Public Performance, Jukebox/gramophone Exemption, Statutory Interpretation of S.50(7)
Source Language
English
Intellectual Property Copyright Public Performance Jukebox/gramophone Exemption Statutory Interpretation of S.50(7)

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Parties

Composers, Authors and Publishers Association of Canada, Limited

Plaintiff/appellant

Siegel Distributing Company Limited; Vasil C. Lek-Sovsky; Pando C. Pereloff; Boris C. Leksovsky, administrator of the estate of Vasil Penchoff, deceased; Pandalis Chris; Traikos Alexopolus; William Michail

Defendants/respondents

Procedural Posture

Copyright (public Performance) / Appeal to Supreme Court of Canada From Exchequer Court of Canada Judgment

Legal Issues

  1. 1 Whether music played through a coin-operated, centrally driven installation of a gramophone mechanism feeding multiple speakers is a "public performance by means of a gramophone" within s.50(7) of the Copyright Act
  2. 2 Whether distribution of electrical impulses to multiple remote speakers and use of remote selectors and central volume control defeats characterisation as a gramophone
  3. 3 Whether auxiliary acts (coin deposit, record selection, central volume control) are integral to or collateral to the gramophone means

Ratio Decidendi

Where a patron's coin-operated selection causes a primary gramophone mechanism to produce electrical impulses that are distributed to multiple speakers within a self-contained establishment under unified control, the resulting public performance is by means of a gramophone and thus falls within the s.50(7) exemption; accordingly no fees were payable.

Court Disposition

Appeal dismissed; Exchequer Court judgment affirmed; Cartwright and Fauteux JJ. dissenting

Orders

  • Appeal dismissed with costs.