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Répertoire des membres - oeuvres musicales
Répertoire des oeuvres musicales
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In 2008, the estate of Chet Baker and other rights holders not represented by copyright collectives filed a class action lawsuit in Canada against the four major record companies—EMI Music Canada Inc., Sony BMG Music (Canada) Inc., Warner Music Canada Co. and Universal Canada Inc. SODRAC was named among the defendants in the case.

The lawsuit focused on musical works reproduced in sound recordings and audiovisual products marketed in Canada without the rights holders’ authorization and without payment of applicable royalties. Over the years, the works for which royalties went unpaid were added to what are known as “pending lists”.

In January 2011, following rounds of intensive negotiations in which SODRAC played an active role, the parties concerned reached a settlement agreement providing for a total payout of nearly $50 in royalties to the rights holders by the record companies. On 30 May 2011, the Superior Court of Justice of Ontario has certified the class action and approved the proposed settlement agreement. This agreement is now effective and thus the dispute terminated.

As a signatory to the settlement agreement, SODRAC has taken all necessary steps on behalf of its members and those of its affiliates aimed at collecting and distributing the royalties they are owed.

For future purposes, a new platform was designed to administer the mechanical licensing of audio-only physical products and associated royalty distributions in Canada. This platform will facilitate more efficient licensing and royalty payments to rights holders and will eliminate the accumulation of unlicensed works on pending lists and unpaid royalties by the record companies.

Information on the Canadian class action lawsuit and on the terms of the settlement agreement is provided below. Please be sure to visit this page regularly as this is where new developments on the topic will be posted.

Notice of Commencement of the Claims Process (Januray 31, 2012)

Notice of Hearing to Approve Class Councel’s Fees, Taxes and Disbursements (September 23, 2011)

Notice of Certification and Settlement Approval (June 3, 2011)

Website “Pending Lists” Unpaid Mechanical and Video Royalties Class Action Settlement

Notice of Certification and Settlement Approval Hearing (January 10, 2011)

SODRAC “Pending lists” memo (March 12, 2010)

  
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