The Canadian Supreme Court has granted leave to appeal (our equivalent of US certiorari) from the Federal Court of Appeal decision in Re:Sound. This was an application for judicial review of a decision by the Copyright Board wherein it decided that there was no basis for certifying two proposed tariffs for the performance in public and for the communication to the public by telecommunication of published sound recordings. One proposed tariff would target the use of sound recordings embodied in a motion picture performed by a motion picture theatre; and the other tariff would target the use of sound recordings in programs broadcast by television services. The decision below was quite clear that, pursuant to the statutory definition, the sound track of a cinematographic work -- when it accompanies the cinematographic work -- is not a sound recording within the meaning of the statute. The argument was advanced that this did not apply to the pre-existing sound recordings embodied in the sound track but this was rejected by the Court of Appeal. The Supreme Court does not give reasons why it grants leave to appeal.