Society of Composers, Authors and Music Publishers of Canada v. Barrymore's Inc. et al., (2003) 228 F.T.R. 80 (TD)

JudgeO'Keefe, J.
CourtFederal Court (Canada)
Case DateSeptember 23, 2002
JurisdictionCanada (Federal)
Citations(2003), 228 F.T.R. 80 (TD)

SOCAN v. Barrymore's Inc. (2003), 228 F.T.R. 80 (TD)

MLB headnote and full text

Temp. Cite: [2003] F.T.R. TBEd. FE.036

Society of Composers, Authors and Music Publishers of Canada (plaintiff) v. Barrymore's Inc., c.o.b. as Barrymore's Music Hall, Eugene Haslam and John Randall Lanctot (defendants)

(T-1510-99; 2003 FCT 114)

Indexed As: Society of Composers, Authors and Music Publishers of Canada v. Barrymore's Inc. et al.

Federal Court of Canada

Trial Division

O'Keefe, J.

January 31, 2003.

Summary:

The Society of Composers, Authors and Music Publishers of Canada (the Society) sued the defendants for copyright infringement relating to certain musical works. The Society moved for summary judgment.

The Federal Court of Canada, Trial Division, dismissed the motion for summary judgment, except in relation to certain royalty fees for which the defendants admitted responsibility.

Copyright - Topic 4410

Infringement of copyright - General principles - Summary judgment - The Society of Composers, Authors and Music Publishers of Canada (the Society) sued the defendants (a corporation and two shareholders) for copyright infringement relating to certain musical works - The Society claimed that the defendants operated a music hall where copyrighted musical works were publicly performed for profit - The Society moved for summary judgment - The Federal Court of Canada, Trial Division, dismissed the motion for summary judgment, except in relation to certain royalty fees for which the defendants admitted responsibility - The court held that there were genuine issues for trial respecting the degree of control the defendants had over the performances, the exact relationship between the defendants, the personal liability of one of the defendants in particular and whether the Society had already received royalties directly from any of the performers involved.

Practice - Topic 5702

Judgments and orders - Summary judgments - Jurisdiction or when available - [See Copyright - Topic 4410 ].

Cases Noticed:

Granville Shipping Co. v. Pegasus Lines Ltd. S.A. et al., [1996] 2 F.C. 853; 111 F.T.R. 189 (T.D.), refd to. [para. 23].

Inhesion Industrial Co. v. Anglo Canadian Mercantile Co., [2000] F.T.R. Uned. 354 (T.D.), refd to. [para. 24].

Counsel:

A. Kelly Gill and Colleen Stanley, for the plaintiff;

J. Christopher Arnold, for the defendants.

Solicitors of Record:

SOCAN, Toronto, Ontario, for the plaintiff;

Dickie & Arnold, Ottawa, Ontario, for the defendants.

This motion was heard at Toronto, Ontario, on September 23, 2002, before O'Keefe, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on January 23, 2003.

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