Date: 20020916
Docket: T-1175-02
Neutral citation: 2002 FCT 980
Montréal, Quebec, September 16, 2002
Before: Beaudry J.
BETWEEN:
SOCIÉTÉ QUÉBÉCOISE DE GESTION
COLLECTIVE DES DROITS
DE REPRODUCTION ("COPIBEC")
Plaintiff
and
9030-7620 QUÉBEC INC.
("COPIE EXTRA")
Defendant
Motion by the plaintiff for an interlocutory injunction to:
- prohibit the defendant and its employees from making any reproduction, distribution or sale of unlawful reproductions of works, of which the copyright holders are represented by the plaintiff ("COPIBEC");
- authorize the inspection of the defendant's workplaces and seizure of any present or future document reproduced, distributed and/or sold by the defendant containing unlawful reproductions of works, of which the copyright holders are represented by the plaintiff ("COPIBEC"), whether such documents are in its possession or under its control;
- order the defendant to file a sworn statement within 30 days of the judgment to be rendered on the instant motion, containing the following information on the works reproduced and sold for the benefit of teachers and students at the University of Quebec at Montréal or any other universities, namely the titles of the works reproduced, the dates and number of pages copied and the number of copies reproduced;
- exempt the plaintiff from providing sureties.
The whole with costs.
[Sections 3, 27, 34 and 38 of the Copyright Act and
Rule 213 of the Federal Court Rules (1998)]
REASONS FOR ORDER AND ORDER
[1] With the consent of the defendant, COPIBEC amended the second conclusion sought at the hearing; it should read:
[TRANSLATION]
Authorize the inspection of the defendant's workplaces and seizure during the first two weeks of each semester at the University of Quebec at Montréal of any present or future document reproduced, distributed and/or sold by the defendant containing unlawful reproductions of works the copyright holders of which are represented by the plaintiff ("COPIBEC"), whether such documents are in its possession or under its control . . . [My emphasis.]
[2] After hearing the representations of the parties and analyzing the documentation filed, I consider that COPIBEC meets the three tests for the issuing of an interlocutory injunction, namely urgency, irreparable harm and the balance of convenience.
[3] COPIBEC is a non-profit Quebec company which manages the reproduction rights of printed works on its list (paragraph 2 of Hélène Messier's affidavit).
[4] It performs its functions by carrying out mandates given to it by the copyright holders in respect of their works (paragraph 4 of Ms. Messier's affidavit).
[5] The primary activity of the defendant COPIE EXTRA is the making of photocopies.
[6] By an agreement with the Conférence des recteurs et des principaux des universités du Québec, COPIBEC obtained the right to reproduce literary works in universities.
[7] Private photocopying centres must be approved by the university.
[8] COPIE EXTRA has not been approved by the University of Quebec at Montréal.
[9] When informed that COPIE EXTRA was selling photocopies of protected works in breach of the copyright of the holders represented by COPIBEC, without paying the fees to which those copyright holders were entitled, the latter purchased from COPIE EXTRA a digest titled "Éthique et Déontologie" (Appendix F).
[10] There were two texts in the said digest, namely:
- Revue de Droit, Université de Sherbrooke (p. 79, Appendix F); and
- Conseil supérieur de l'éducation, Les Publications du Québec (p. 144, Appendix F).
[11] By assignment COPIBEC manages mandates granted by the Revue de Droit, Université de Sherbrooke and Les publications du Québec to the Union des écrivains québécois for the reproduction of their works (Appendix A).
[12] Despite notification and discussions seeking a settlement, the parties were unable to agree.
[13] Without doubting the good faith of COPIE EXTRA, I feel that an interlocutory injunction is appropriate in the present circumstances.
ORDER
ACCORDINGLY, THE COURT ORDERS the following:
PROHIBITS the defendant and its employees from making any reproduction, distribution or sale of unlawful reproductions of works, of which the copyright holders are represented by the plaintiff (COPIBEC);
AUTHORIZES inspection of the defendant's workplaces and seizure during the first two weeks of each semester at the University of Quebec at Montréal of any present or future document reproduced, distributed and/or sold by the defendant containing unlawful reproductions of works, of which the copyright holders are represented by the plaintiff (COPIBEC), whether such documents are in its possession or under its control;
ORDERS the defendant to file a sworn statement within 30 days of the judgment to be rendered on the instant motion, containing the following information on the works reproduced and sold for the benefit of teachers and students at the University of Quebec at Montréal or any other universities, namely the titles of the works reproduced, the dates and number of pages copied and the number of copies reproduced;
EXEMPTS the plaintiff from providing sureties.
THE WHOLE with costs to follow.
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"Michel Beaudry"
Judge |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA TRIAL DIVISION
Date: 20020916
Docket: T-1175-02
Between:
SOCIÉTÉ QUÉBÉCOISE DE GESTION COLLECTIVE DES DROITS DE REPRODUCTION ("COPIBEC")
Plaintiff
and
9030-7620 QUÉBEC INC. ("COPIE EXTRA")
Defendant
REASONS FOR ORDER AND ORDER
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FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
FILE: T-1175-02
STYLE OF CAUSE: SOCIÉTÉ QUÉBÉCOISE DE GESTION
COLLECTIVE DES DROITS
DE REPRODUCTION ("COPIBEC")
and
9030-7620 QUÉBEC INC.
("COPIE EXTRA")
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September 16, 2002
REASONS FOR ORDER AND ORDER: BEAUDRY J.
DATE OF REASONS: September 16, 2002
APPEARANCES:
Marcel Lacoursière FOR THE PLAINTIFF
Ginette Bélisle FOR THE DEFENDANT
SOLICITORS OF RECORD:
Béland, Lacoursière FOR THE PLAINTIFF
Montréal, Quebec
Ginette Bélisle FOR THE DEFENDANT
Montréal, Quebec