| Citation: |
Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, 2010 FCA 123, [2010] 3 F.C.R. D-3 |
A-514-07 |
Copyright
Infringement
Judicial review of decision in which Copyright Board (Board) applied exception in Copyright Act, R.S.C., 1985, c. C-42, s. 29, to offer made to consumers to preview excerpts of musical works—Debate concerning meaning of “research”, whether preview offer fair dealing for purpose of research within meaning of s. 29—Legislator choosing not to add restrictive qualifiers to “research” so that term could be applied to context in which used, maintaining proper balance between rights of copyright owners, users’ interests—Even if legal research as referred to in CCH v. Law Society of Upper Canada, 2004 SCC 13, [2004] 1 S.C.R. 339 formal in nature, not necessarily true for consumers of musical work—In that context, not unreasonable to give “research” its primary, ordinary meaning—Consumer searching for desired object, attempting to locate that object, wishing to ensure its authenticity, quality before obtaining it—Listening to previews of assistance in this investigation—Purpose being to assist consumer in seeking, finding desired musical work—Contextual interpretation applied by Board not unreasonable or in error—Application dismissed.
Society of Composers, Authors and Music Publishers of Canada v. Bell Canada (A-514-07, 2010 FCA 123, Létourneau J.A., judgment dated May 14, 2010, 13 pp.)