COPYRIGHT |
Society of Composers, Authors and Music Publishers of Canada v. 728859 Alberta Ltd.
T-1649-99
Tremblay-Lamer J.
20/4/00
11 pp.
Reference as to amount of licence fees owing by defendant judgment debtor to plaintiff judgment creditor for years 1998, 1999 and 2000--Reference arising out of action in which Society of Composers, Authors and Music Publishers of Canada sought licence fees for live and recorded music utilized by defendant--Plaintiff entitled to licence fees according to Tariff and to punitive damages--Tariffs of fees authorized by Copyright Act, filed yearly by Society of Composers, subject to approval by Copyright Board--Applicable Tariff herein that of 1998 as Tariffs for 1999 and 2000 not yet approved by Board--Assessment of licence fees calculated using given figures and rates from approved Tariffs and various statistics as to operation of licencee--As no representation on behalf of defendant herein, and as no documents produced by latter, licence fees must be calculated as best as possible--Best estimate, with help of expert evidence, $6,319.20, less payments on account totalling $2,248.63, leaving balance of $4,070,57 owed by defendant, as general damages, plus interest at $169.57--Punitive damages warranted in view of defendant's substantial disregard not only for Tariff process for paying for music (ongoing breach, ignoring of letters requesting licence fees), but also disregard for legal process--Recommendation of exemplary damages of $10,000--Total fees and disbursements recommended at $2,327.82--Copyright Act, R.S.C., 1985, c. C-42.