Rosenstein v. Queen Productions Limited, 2026 CanLII 3372
Associate Justice Cotter - 2026-01-14
Read full decision. Summary prepared by Alan Macek:
For the reasons set out below, the defendants’ motion to strike is granted, in part, with leave to amend. Specifically, the claims against the Sony Defendants (defined below) and the claims regarding secondary infringement are struck out, with leave to amend. ... Stated generally, the Claim is for copyright infringement in certain music videos featuring the band Queen. The Videos are alleged to be available in Canada on YouTube. The Claim is against three defendants, Queen Productions Limited and two Sony entities. ... As discussed above, the defendants’ argument on jurisdiction as it relates to the reproduction right is that the reproductions are not occurring in Canada. On the performance right, the defendants are not arguing that there is no performance in Canada. The defendants’ argument is not based on where the activities are taking place, but rather, on who is engaged in those activities. ... In conclusion on the issue of jurisdiction, it is not plain and obvious that this Court lacks jurisdiction over the plaintiff’s claim.
Decision relates to:
- T-3443-24 - CAROL ROSENSTEIN v. QUEEN PRODUCTIONS LIMITED ET AL.