Compo Co. Ltd. v. Blue Crest Music et al.

Compo Co. Ltd. v. Blue Crest Music et al.

The physical act of producing moulds/stampers and stamping discs constitutes "making a record" under s.3(1)(d) and s.4(3); therefore Compo infringed the respondents' exclusive copyright in the musical work by making records without consent or statutory licence, and liability does not require knowledge of the infringement.

Citation
[1980] 1 SCR 357
Parties
Appellant/defendant: Compo Company Limited; Respondent/plaintiff: Blue Crest Music Inc.; Respondent/plaintiff: Husky Music Inc.; Respondent/plaintiff: Acuff-Rose Publications, Inc.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 October 1979
Procedural Posture
Copyright Appeal / Appeal to the Supreme Court of Canada From the Federal Court of Appeal; Trial at Federal Court Trial Division
Outcome
Appeal dismissed with costs
Legal Topics
Making Records, Statutory Licence (s.19), Infringement (s.17), Ownership of Plate/matrix (s.10), Knowledge Requirement for Certain Infringements
Source Language
English
Intellectual Property Copyright Making Records Statutory Licence (s.19) Infringement (s.17) Ownership of Plate/matrix (s.10) Knowledge Requirement for Certain Infringements

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Parties

Compo Company Limited

Appellant/defendant

Blue Crest Music Inc.

Respondent/plaintiff

Husky Music Inc.

Respondent/plaintiff

Acuff-Rose Publications, Inc.

Respondent/plaintiff

Procedural Posture

Copyright Appeal / Appeal to the Supreme Court of Canada From the Federal Court of Appeal; Trial at Federal Court Trial Division

Legal Issues

  1. 1 Whether physically producing moulds/stampers and pressing discs constitutes "making a record" under s.3(1)(d) and s.4(3) of the Copyright Act
  2. 2 Whether a record presser can be liable for copyright infringement absent knowledge or sale by the presser
  3. 3 Interaction between exclusive rights in s.3 and the statutory licence in s.19

Ratio Decidendi

The physical act of producing moulds/stampers and stamping discs constitutes "making a record" under s.3(1)(d) and s.4(3); therefore Compo infringed the respondents' exclusive copyright in the musical work by making records without consent or statutory licence, and liability does not require knowledge of the infringement.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs