From jkmuir@trentu.ca Fri Mar 5 11:11:24 1999 Date: Fri, 05 Mar 1999 03:48:21 -0500 (EST) From: John K Muir To: majeauc@smtp.gc.ca Cc: JKMUIR@trentu.ca Subject: Charitable Organisation Seeking CB Opinion. Trent Radio c/o Trent University Peterborough, ON K9H 4H4 Tel (705) 748 1777 Fax (705) 745 3247 Web www.trentu.ca/trentradio/ 5 March 1999 Claude Majeau, Secretary Copyright Board of Canada Suite 800 56 Sparks Street Ottawa, ON K1A 0C9 Tel (613) 952-8621 Fax (613) 952-8630 Email majeauc@smtp.gc.ca Dear Sir, I am the General Manager of Trent Radio, a corporation incorporated under the laws of Ontario without share capital in 1978, and designated a charitable organisation by Revenue Canada under the Income Tax Act, also in 1978. Ontario Corporation Number: 373275 16 Jan 78 Charity Registration Number: 11926 8910 RR 0001 In the furtherance of its charitable objects, Trent Radio secured a license to operate a FM broadcast undertaking from the CRTC in 1984, and has been paying a performance licence fee, most recently to SOCAN, most recently under the current Copyright Act and Tariff No. 1, as set out by the Copyright Board in the Supplement Canada Gazette, Part I, 24 May 1997, for non-commercial radio other than the CBC. According to the Copyright Act (cited below), it would appear that Trent Radio should not liable to pay any compensation to SOCAN for a performance license. Trent Radio is a charitable organisation. Further, the performances in public of a communication signal carrying the live performances in public of musical works, and a sound recordings embodying musical works or performers' performance of a musical works made by Trent Radio are directly pursuant to its charitable objects (cited below). This would seem to meet the requirements set out in Section 32.2 (3) of the Act, such that Trent Radio as a charitable organisation in the furtherance of its charitable objects, shall not be liable to pay compensation. I am seeking confirmation or an opinion on the matter from the Copyright Board, prior to advising SOCAN of Trent Radio's non-liable status. Looking forward to you reply. Sincerely, John K Muir; VP & GM Trent Radio email jkmuir@trentu.ca --+--- from http://canada.justice.gc.ca/FTP/EN/Laws/Chap/C/C-42.txt Copyright Act -- CHAPTER C-42 File : C-42.TXT Updated to : August 31, 1998 [search for "charitable"] Further permitted acts from section 32.2 (3) No religious organization or institution, educational institution and no charitable or fraternal organization shall be held liable to pay any compensation for doing any of the following acts in furtherance of a religious, educational or charitable object: (a) the live performance in public of a musical work; (b) the performance in public of a sound recording embodying a musical work or a performer's performance of a musical work; or (c) the performance in public of a communication signal carrying (i) the live performance in public of a musical work, or (ii) a sound recording embodying a musical work or a performer's performance of a musical work. 1997, c. 24, s. 19. INTERPRETATION No right to equitable remuneration 32.3 For the purposes of sections 29 to 32.2, an act that does not infringe copyright does not give rise to a right to remuneration conferred by section 19 . ---+---- Trent Radio - Charitable Objects and Object in the Furtherance of its Charitable Objects. (a) To plan, design, conduct and operate seminars, programmes and other activities for the purpose of providing to members of Trent University and to Members of the community in and around the City of Peterborough information, education and training in broadcasting and communication arts; (b) To provide a medium for the enjoyment and appreciation of music, drama, news, public affairs, community and cultural programming generally and to create extra-curricular activity in the broadcasting field for the members of Trent University and of the members of the community in and around the City of Peterborough. (c) For the objects aforesaid, to acquire, lease, own, establish, equip, maintain and operate a radio and wireless broadcasting and receiving station for the purpose of transmitting or receiving through the air, whether independently or in conjunction with any telegraphic, telephonic or other conducting means, wireless or radio messages of any kind, including television and all sound, images and pictures of whatsoever kind; [ends]