This bulletin was incorrectly attributed in the October 9th edition of the Lexology newsletter. We apologize for this error.
The Court awarded default judgment against the Defendant, who failed to file a Statement of Defence. SOCAN elected to recover statutory damages in lieu of the applicable royalties, as permitted by the Copyright Act. The Court has discretion in the amount of statutory damages to award, in the amount of not less than three and not more than ten times the royalties owing. The Court awarded statutory damages in the amount of six times the licence fee owing, as a deterrent to the Defendant and others.