Composers, Authors and Publishers Association of Canada v. Kiwanis Club of West Toronto

Composers, Authors and Publishers Association of Canada v. Kiwanis Club of West Toronto

The performance must be a participating factor in the charitable object or in an activity incidental to it; ordinary commercial entertainment (dances) operated as a fund-raising business with commercial characteristics is not "in furtherance of" a charitable object under the proviso to s.17, so the exemption does not apply and the respondent infringed the appellant's performing rights.

Citation
[1953] 2 SCR 111
Parties
Appellant (plaintiff): Composers, Authors and Publishers Association of Canada, Limited; Respondent (defendant): Kiwanis Club of West Toronto
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1953
Procedural Posture
Copyright Infringement / Appeal to Supreme Court of Canada From Exchequer Court of Canada
Outcome
Appeal allowed; judgment for appellant
Legal Topics
Charitable Exemption, Public Performance, Fraternal Organizations, Statutory Interpretation, Infringement, Injunction, Damages
Source Language
English
Intellectual Property Copyright Law Charitable Exemption Public Performance Fraternal Organizations Statutory Interpretation Infringement Injunction +1 more

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Parties

Composers, Authors and Publishers Association of Canada, Limited

Appellant (plaintiff)

Kiwanis Club of West Toronto

Respondent (defendant)

Procedural Posture

Copyright Infringement / Appeal to Supreme Court of Canada From Exchequer Court of Canada

Legal Issues

  1. 1 Whether a public performance by a fraternal organization at a commercial dance hall is "in furtherance of" a charitable object within the meaning of the second proviso to s.17 of the Copyright Act
  2. 2 Whether commercial fundraising activities whose net profits go to charity fall within the statutory exemption for charitable or fraternal organizations
  3. 3 Scope of the phrase "in furtherance of" in relation to immediate versus remote connection to charitable objects

Ratio Decidendi

The performance must be a participating factor in the charitable object or in an activity incidental to it; ordinary commercial entertainment (dances) operated as a fund-raising business with commercial characteristics is not "in furtherance of" a charitable object under the proviso to s.17, so the exemption does not apply and the respondent infringed the appellant's performing rights.

Court Disposition

Appeal allowed; judgment for appellant

Orders

  • Declaration that appellant is owner of the sole right to perform in public the musical works specified in the statement of claim
  • Declaration that respondent infringed the appellant's right by authorizing public performance of the musical works without consent