Blue Crest Music Inc. et al. v. Compo Co., (1979) 29 N.R. 296 (SCC)

• Judge: Laskin, C.J.C., Martland, Ritchie, Pigeon, Dickson, Beetz, Estey, Pratte and McIntyre, JJ.
• Court: Supreme Court (Canada)
• Case Date: October 02, 1979
• Jurisdiction: Canada (Federal)
• Citations: (1979), 29 N.R. 296 (SCC);105 DLR (3d) 249;1979 CanLII 6 (SCC);29 NR 296;[1980] 1 SCR 357;45 CPR (2d) 1

Blue Crest Music Inc. v. Compo Co. (1979), 29 N.R. 296 (SCC)

MLB headnote and full text

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

Indexed As: Blue Crest Music Inc. et al. v. Compo Co.

Supreme Court of Canada

Laskin, C.J.C., Martland, Ritchie, Pigeon, Dickson, Beetz, Estey, Pratte and McIntyre, JJ.

October 2, 1979.

Summary:

This case arose out of an action for damages and an injunction for breach of copyright arising out of the manufacture of phonograph records. The copyright owner claimed against a person who employed a phonograph record manufacturer and also claimed against the record manufacturer. The trial court allowed the owner's action against the person who employed the record manufacturer but dismissed the action against the record manufacturer.

On appeal to the Federal Court of Appeal with respect to the dismissal of the action against the record manufacturer, the appeal was allowed and the record manufacturer was held liable in damages to the owner. The judgment of the Federal Court of Appeal is reported at 14 N.R. 416. The record manufacturer appealed to the Supreme Court of Canada.

The Supreme Court of Canada dismissed the appeal and affirmed the judgment of the Federal Court of Appeal.

Copyright - Topic 4488

Infringement of copyright - Acts constituting infringement - Making of phonograph records - The defendant Compo was a record manufacturer who made phonograph records pursuant to a contract with a record distributor - The records were made without permission from the holder of the copyright - The Supreme Court of Canada affirmed that the distributor was liable for authorizing an infringement of copyright and that Compo infringed the owner's copyright by making the records - The Supreme Court of Canada stated that knowledge by Compo of the owner's copyright was not a prerequisite to Compo's liability (see paragraph 28).

Copyright - Topic 4

General - Nature of copyright law - The Supreme Court of Canada stated that copyright law is neither tort law nor property law, but is statutory law (see paragraph 23).

Words and Phrases

Make - The Supreme Court of Canada discussed the meaning of the word "make" as found in s. 3(1)(d) of the Copyright Act, R.S.C. 1970, c. C-30 (see paragraphs 31 and 32).

Cases Noticed:

Ash et al. v. Hutchinson & Co. (Publishers), Ltd. et al., [1936] 2 All E.R. 1496, refd to. [para. 14].

Baschet v. London Illustrated Standard Company, [1900] 1 Ch. D. 73, refd to. [para. 15].

G. Ricordi & Co., Inc. v. Columbia Graphophone Co. (1920), 270 F. 822, refd to. [para. 17].

Edward B. Marks Music Corporation v. Foullon (1948), 79 F. Supp. 664, refd to. [para. 18].

Reeve Music Co., Inc., and Robbins Music Corporation v. Crest Records, Inc. and Shelley Products Ltd. (1960), 285 F. 2d 546, refd to. [para. 18].

Pickwick Music Corporation et al. v. Record Productions, Inc. (1968), 292 F. Supp. 39, refd to. [para. 18].

Leo Feist, Inc. et al. v. Apollo Records et al. (1969), 300 F. Supp. 32, refd to. [para. 19].

Columbia Records of Canada Ltd. v. M.N.R. (1971), 71 D.T.C. 5486, refd to. [para. 21].

R. v. Canadian Pacific Railway Company, [1971] S.C.R. 871, refd to. [para. 21].

Rexair of Canada Limited v. The Queen, [1958] S.C.R. 577, refd to. [para. 21].

Statutes Noticed:

Copyright Act, R.S.C. 1970, c. C-30, sect. 3(1)(d) [para. 5]; sect. 4(3) [para. 6]; sect. 10, sect. 12 [paras. 7 and 8]; sect. 19 [para. 10].

Authors and Works Noticed:

Shorter Oxford English Dictionary [para. 31].

Random House Dictionary [para. 31].

Webster's New International Dictionary (2d) [para. 31].

Counsel:

D.J. Wright, Q.C. and D.H. MacOdrum, for the appellant;

R.T. Hughes, for the respondents.

This appeal was heard by LASKIN, C.J.C., MARTLAND, RITCHIE, PIGEON, DICKSON, BEETZ, ESTEY, PRATTE and McINTYRE, JJ. of the Supreme Court of Canada at Ottawa, Ontario on January 29 and 30, 1979.

The judgment of the Supreme Court of Canada was delivered by ESTEY, J. on October 2, 1979.