Case # 35838
M.M. v. Minister of Justice Canada on behalf of the United States of America (March 17, 2015)
In October 2010, the appellant’s ex-husband reported the couple’s three minor children missing in Georgia, U.S. The appellant’s ex-husband had sole custody of the children while the appellant had no visitation rights. The children later testified that they had run awaywithout the appellant’s knowledge. The children claimed to have contacted the appellant more than one week later. In december 2010 Georgia police located the appellant and her children in a battered women’s shelter in the province of Quebec. The appellant was arrested and her extradition was sought by the u.s. to face charges in georgia for interstate interference with custody. An application seeking the appellant’s committal for
extradition was initially dismissed. An application seeking the appellant’s committal for extradition was initially dismissed. The dismissal was overturned on appeal and the appellant was committed into custody. The minister of justice then ordered the appellant’s surrender for extradition. The minister rejected arguments that ordering appelant’s surrender would be unjust or oppressive in light of the best interest of her children. At issue is whether incidental copies of music
or video made during the production of a media segment each require royalty payments.