Canadian Cable Television Assn. v. Society of Composers, Authors and Music Publishers of Canada
A-416-96
Pratte J.A.
15/1/97
3 pp.
Application for judicial review of Copyright Board decision it laked jurisdiction, when certifying statement of royalties pursuant to Copyright Act, s. 67.2, in case of royalties for which, pursuant to s. 3(1.4), two persons jointly and severally liable, to apportion amount of royalties between them-Application dismissed-Only power of Board under s. 67.2: to prescribe amount of royalties and terms and conditions related to royalties-Apportionment of sums payable as royalties between persons jointly and severally obliged to pay them not involving determination of royalty or of term or condition relating to royalty-Sums various participants in telecommunication of musical works to public may owe to each other not royalties even though payable as consequence of payment of royalties by one of them-Board therefore right in deciding it lacked jurisdiction to make apportionment-Copyright Act, R.S.C., 1985, c. C-42, ss. 3(1.4) (as enacted by S.C. 1988, c. 65, s. 62; 1993, c. 23, s. 2), 67.2 (as enacted by R.S.C., 1985 (4th Supp.), c. 10, s. 12; S.C. 1993, c. 23, s. 4; c. 44, ss. 71, 79(3)(b)).