Re:Sound v Motion Picture Theatre Assns of Canada
supreme Court of Canada case

Re:Sound v Motion Picture Theatre Assns of Canada [2012] 2 SCR 376, 2012 SCC 38 is a Supreme Court of Canada case that confirmed that pre-existing sound recordings accompanying a cinematographic work are part of a soundtrack and are therefore excluded from equitable remuneration under the Copyright Act of Canada. The decision was unanimous decided by the court on July 12, 2012.
Background and facts
Re:Sound is a collective society authorized by the Copyright Board of Canada ("Board") to collect equitable remuneration pursuant to s. 19(1) of the Act for the performance in or communication to the public by telecommunication of published sound recordings of musical works.
The case arose due to two proposed tariffs (Tariffs 7 & 9) filed by Re:Sound under s. 67.1(1) of the Copyright Act (the "Act"). Tariff 7 proposed an entitlement for royalties to Re:Sound for the use of sound recordings embodied in a movie by motion picture theatres and other establishments exhibiting movie. Tariff 9 targeted the use of sound recordings in programs broadcast by commercial over the air, pay, specialty and other television services. Re:Sound is entitled to collect tariffs on behalf of performers and makers of sound recordings when their recordings are performed in public or communicated to the public telecommunication under s. 19(1) of the Act.
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This entry incorporates text from “Re:Sound v Motion Picture Theatre Assns of Canada” on English Wikipedia. Contributors are listed in the page history. Text is available under the Creative Commons Attribution-ShareAlike 4.0 License. Selected authority identifiers and statements are retrieved from Wikidata under CC0; their references and qualifiers remain part of the verification path.