A Sound Recording That Is Part Of A Soundtrack Cannot Be The Subject Of A Tariff Under Section 19 Of The Copyright Act When The Recording Accompanies A Cinematographic Work: Re: Sound v. MPTAC (2012 SCC 38)

Performers and makers of "sound recordings" are entitled to remuneration when their published sound recordings are performed in public. The term "sound recording" is defined in section 2 of the Copyright Act to mean a recording of sounds but excluding any "soundtrack" of a cinematographic work where it accompanies the cinematographic work. The term "soundtrack" is not defined.

The collective society Re:Sound argued that the term "soundtrack" should be found to refer only to the aggregate of sounds that accompany a cinematographic work, and not to the soundtrack's constituent elements. On its view, pre-existing recordings incorporated into a soundtrack should still be subject to remuneration.

This argument was rejected unanimously by the Supreme Court of Canada based on...