High Court directs MCSK royalty dispute to Copyright Tribunal

In its ruling, the court held that MCSK had not exhausted all internal mechanisms for dispute resolution as required by law.

The respondents had raised a preliminary objection, contending that the Copyright Tribunal was the appropriate forum for handling the matter.

Citing the provisions of the Copyright Act, the court emphasized that disputes of this nature must first be resolved by the legally designated body. It concluded that MCSK’s petition and subsequent application breached the doctrine of exhaustion, rendering them premature.

"I will therefore not proceed to consider the application on merit at this point," the court stated.

"In conclusion, I find merit in the preliminary objection," the court ruled.

As a consequence of this decision, MCSK will be unable to collect and distribute royalties to its affiliate members until the Copyright Tribunal resolves the matter.