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

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The content of this page has not been approved by the Court nor does it constitute legal advice. It is for the purpose of providing general information only.

IMPORTANT ANNOUNCEMENT

Individual Claims Process for Medium and High-Value Items Commences on February 3rd, 2012

The settlement administrator for the Unpaid Mechanical and Video Royalties Class Action (CMRRA-SODRAC INC. “CSI”), has established a searchable web-based system in order to facilitate the individual claims process for class members. The claims website (www.cmrrasodrac.ca) will be accessible as of February 3, 2012.

Claims for Medium-Value items with a value between $1,000 and $2,500, must be filed on or before August 2, 2012 while claims for High-Value Items with a value of $2,500 and above, must be filed by February 1, 2013.

Once an ownership claim has been established and verified, CSI will make a payment to the class member. Payment of claims for Medium-Value Items will occur on September 15, 2012. Payment of claims for High-Value Items will occur on March 15, 2013.

If you have questions about the claims process, please visit the Claims Website at www.cmrrasodrac.ca, under the section “Pending List Class Action Settlement”, or contact CSI by e-mail at pendingsettlementinquiries [at] cmrrasodrac [dot] ca.

Please click here to view the Court-approved Notice respecting the Claims Process

Settlement Documents

(All settlement documents have been negotiated in English)

Summary of the Proceedings

A proposed class action has been initiated in Ontario against Sony BMG Music (Canada) Inc., now Sony Music Entertainment Canada Inc., (“Sony”), EMI Group Canada Inc. (“EMI”), Universal Music Canada Inc. (“Universal”), Warner Music Canada Co. (“Warner”), the Canadian Musical Reproduction Rights Agency Ltd. (“CMRRA”) and the Society for Reproduction Rights of Authors, Composers and Publishers (SODRAC) Inc. (“SODRAC”), in which it is alleged that the record companies are liable for copyright infringement by reproducing certain musical works in sound recordings released in physical formats in Canada, without securing licences from the owners of copyright in those musical works and/or without payment of the necessary royalties. Various allegations are also made against the Defendants CMRRA and SODRAC. Online digital downloads and other digital products are not at issue in the class action.

On May 30, 2011, this action was certified as a class proceeding for the purposes of settlement and the settlement agreements reached with Sony Music Entertainment Canada Inc., (“Sony”), EMI Group Canada Inc. (“EMI”), Universal Music Canada Inc. (“Universal”), Warner Music Canada Co. (“Warner”), (collectively, the “Record Companies”), the Canadian Musical Reproduction Rights Agency Ltd. (“CMRRA”), the Society for Reproduction Rights of Authors, Composers and Publishers (SODRAC) Inc. and SODRAC 2003 Inc. (“SODRAC”) (collectively, the “Collective Society Defendants”) were approved by the Ontario Superior Court of Justice.

Court Documents

Second Fresh as Amended Statement of Claim

Class Counsel

The law firms of Harrison Pensa LLP and Bates Barristers represent class members. Class counsel can be reached at 1-866-924-5859 or by e-mail at pendinglists [at] harrisonpensa [dot] com.