The Hockey Theme Song
In November 2004 Kevin Kemp was retained by Dolores Claman - the composer of the Hockey Theme - to pursue legal action against the Canadian Broadcasting Corporation (CBC) for copyright infringement.
On March 15 and 16, 2006 the examination for discovery of Tony Agostini - a senior director of CBC Sports - was conducted in Toronto. The former head of CBC Sports, Nancy Lee, was present on both days but did not give evidence. The examination for discovery was continued on May 18, 2006.
Significantly, in the course of the examination for discovery the CBC acknowledged that the composition has been broadcast in the United Kingdom and the United States. The use of the composition outside of Canada represents a significant component of the allegations made in the Statement of Claim.
In the course of the examination the legal counsel for CBC refused to permit Agostini to answer in excess of 100 questions. As a result, the plaintiffs proceeded with a motion in the Ontario Superior Court of Justice to compel the defendant to answer the questions refused and produce certain relevant documents. The first portion of the motion proceeded on July 19, 2006. At that time CBC consented to an Order that it answer a significant number of the questions previously refused no later than August 31, 2006. As of May 31, 2008, the answers to certain questions remain outstanding.
In November 2006 the defendant brought its own motion where it sought an Order, inter alia, that should the CBC be required to disclose confidential documents: "...the confidential agreements and related documents are not disseminated to the public..."
David Masse of the CBC was cross-examined on his affidavits in response to the plaintiffs' motion (and in support of the CBC motion) on November 14, 2006 and January 26, 2007.
The respective motions were thereafter adjourned pending the parties agreement to attend mediation.
On May 29, 2008 a mediation was conducted before former Ontario Superior Court Justice George Adams. The mediation did not result in a resolution of the legal proceeding.
On June 4, 2008 Dolores Claman announced that the CBC would be dropping the Hockey Theme. On Monday June 9, 2008 the CTV announced that it has acquired the exclusive rights to the Hockey Theme in perpetuity.
Pleadings:
Statement of Claim issued November 17, 2004
Demand for Particulars dated January 5, 2005
Response to Demand for Particulars dated January 25, 2005
Statement of Defence dated February 7, 2005
Order of Mr. Justice Brown dated July 19, 2006
Examination for Discovery Transcripts:
Transcript of CBC Representative dated March 15, 2006
Transcript of CBC Representative dated March 16, 2006
Home Page of HNIC Theme Song:
Media Reports:
http://www.cbc.ca/story/sportsl
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