If you've ever taken piano lessons then titles like
"Bozo's Flippity-Flop", "Shooting Stars"
and "Little Elves and Pixies" may be familiar.
These are among the titles that were drawn into a recent
copyright infringement lawsuit brought by the Royal Conservatory
against a rival music publisher for publication of a series of
musical works. In Royal Conservatory of Music v. Macintosh (Novus
Via Music Group Inc.) 2016 FC 929, the Royal
Conservatory and its publishing arm Frederick Harris Music sought
damages for publication of these works by Conservatory Canada and
its music publisher Novus Via Music.
The case serves as a cautionary tale about records and rights
management, since much of the confusion between the parties, and
indeed within the case itself, could be blamed on missing or
incomplete records about who ultimately had the rights to the
musical works at issue. In particular, a 1999 agreement which would
have clarified the scope of rights, was completely
