Digests

Interbox Promotion Corp. v. 9012-4314 Québec Inc.

T-1788-99

2003 FC 1254, Martineau J.

27/10/03

39 pp.

Action for infringement of copyright on programs broadcast on evening of May 28, 1999, on Canal Indigo, Viewers' Choice and ESPN 2 (Hilton-Ouellet boxing match at Molson Centre in Montréal, and broadcasts of two other fights)-- Paintiff alleging that on evening in question defendants, without right and without its permission, presented televised event to their clientele--Plaintiff requesting permanent injunction be issued and claiming compensatory and exemplary damages against each of defendants--Action dismissed against 9012-4314 Québec Inc. (Hippo Club); action against other defendants allowed in part--Sports event not a "work" within meaning of Copyright Act-- Nevertheless, television reproduction of event comparable to "cinematographic work" as set out in Act, s. 2--Herein, plaintiff assumed direction and coordination of all arrangements necessary to production and logging of programs broadcast on May 28, 1999, on Indigo and Viewers' Choice networks, respectively--Plaintiff also assumed all production costs--Plaintiff therefore only owner of copyright in programs in question--Also owner of copyright in program broadcast on ESPN 2, pursuant to agreement with ESPN 2-- Plaintiff has requisite interest, under Act, s. 36(1), to institute proceedings against defendants in its own name for infringement of exclusive rights given to it under Act, s. 3-- Plaintiff's copyright in three works in question protected until May 28, 2049, pursuant to Act, s. 11.1--Plaintiff did not authorize public performance on evening of May 28, 1999, of works upon which it has exclusive rights with exception of cases in which royalty fees had been paid--In Quebec, 71 licensed commercial establishments were found to be "in violation"--As result of numerous out-of-court settlements, only seven defendants to action remaining--Based on evidence, not established that Hippo Club presented ESPN 2 broadcast to its clientele on evening of May 28, 1999-- However, evidence establishing infringement of copyright by other defendants--Court agrees to determine amount of compensatory damages according to plaintiff's lost profits-- Amount had ben calculated at rate of $12.50 per "legal seat" in accordance with amount charged by cable affiliates, less 40%, because amount of royalty to which plaintiff entitled under agreement on division of receipts with relevant services and cable affiliates set at 60%--Given fact that plaintiff, services involved as well as cable affiliates had informed would-be offenders in advance that they risked legal proceedings, exemplary damages appropriate herein ($500 per defendant)--Plaintiff entitled to costs against each of other defendants--Copyright Act, R.S.C., (1985), c. C-42, s. 2 "work", "cinematographic work" (as am. by S.C. 1997, c. 24, s. 1), 3 (as am. by S.C. 1988, c. 65, s. 62; 1993, c. 44, s. 55; 1997, c. 24, s. 3), 11.1 (as am by. S.C. 1993, c. 44, s. 60; 1997, c. 24, s. 9), 36.