COPYRIGHT |
AVS Technologies Inc. v. Canadian Mechanical [Musical] Reproduction Rights Agency
A-19-00
Linden J.A.
14/6/00
7 pp.
Application for judicial review of Copyright Board's decision interpreting definition of "audio recording medium" in Copyright Act, s. 79 so as to make CD's leviable at manufacturers' and importers' level--Interpretation of "of a kind ordinarily used by individual consumers for that purpose" (reproducing sound recording)--Application dismissed--Issue mainly question of law--Such determination falling squarely within jurisdiction of Board--Purpose of Act, Part VIII mainly economic: to fairly compensate artists and other creative people for their work by establishing fair and equitable levies--Matters within Board's expertise--Standard of review patent unreasonableness as considerable curial deference due to Board on this question --Key point whether Board had to decide meaning of "ordinarily used" by looking at products generally or by considering use by individual consumers of product--Reference to usage by individual consumers, not use of product generally--Applicants have not demonstrated Board's approach obviously or clearly wrong or that other approach would be more obvious--Noteworthy that Board, after concluding products in question fell within definition, reduced levy by 80% to reflect fact that, according to research, only small proportion of products actually used to record music--Such result more in harmony with statutory scheme--Copyright Act, R.S.C., 1985, c. C-42, s. 79 (as am. by S.C. 1992, c. 1, s. 47; 1993, s. 15, s. 4).