July 25, 2019, I want to confess. Everything I’ve told you about s.83, Bankruptcy Insolvency Act is true, but…
Remember when I pointed out the legal contradiction of a debtor corp being simultaneously maker of a recording (producteur) and exclusive licensee to the same recording, insisting that you can’t be both owner forever and owner for a limited time to the same property right? It wasn't mere sweet-talk. Thing is, section 83 applies to a licensee, but not to a maker (Re: Song Corp, duly disclosed).
Once upon a time, I was in a gay bar with a colleague who wanted me to help him hook up with a super hot male model, which I obliged. Unexplainably however, the male model in question turned hetero which ruined my friendship with my colleague who said one last thing to me that I'll never forget: "Girl, you have a horseshoe stuck to your ass
Section 83 is simple in substance, yet cryptic to many. All that it provides is that the trustee doesn't end up with a “bundle” of rights different than that of the debtor. Trustee has the exact same property rights as the debtor at the date of the bankruptcy. A debtor’s status to copyrighted material is a shortcut to determine the property rights of the trustee.
In spite of my best efforts to do right by the law, the prophecy of the horseshoe keeps on keeping on, as illustrated by a judgement confirming all the way up to the SCC the debtor's double-status as both maker and licensee, in other words, "le beurre et l’argent du beurre":
- in 2016, I had the sale of assets declared void on grounds that the debtor is a licensee, requiring the trustee to comply with s.83 royalties priority.
- in 2019, I got the court to completely bypass s.83 by embracing the producteur/maker status, which means 100% ownership forever, free of royalties and encumbrances of any kind (that's what the trustee abandoned online for the benefit of all)
On top of it, the label's "producteur" status makes such a better story from a work ethic perspective. You know how impossible it is to make a film without some terribly depressing problems that piss off half the population, but that your hero/ine surmounts short of being killed on numerous occasions... all boxes being checked here, I'm exporting this, not as a doc, but a dystopian feature. This is above my pay grade, so I'm signing it off as soon as I get a star.
Cahier de preuve pour l'audience sur sentence devant le Comité sur la sténographie