Background
1. The Canada Copyright Act authorizes the Society of Composers,
Authors, and Music Publishers (SOCAN) to grant licenses on behalf
of its 40,000 members for public performance of music at dances,
conventions, receptions, fashion shows, and other similar events.
Such licenses are issued to "operators of premises" who in turn
collect the appropriate tariff from users of their premises, in
the same manner as merchants collect sales taxes on good they sell.
2.
"Public use" of music refers to any performance "outside of a person's home".
Operators of permises, such as community centres, dance halls, malls, schools
when in public use, etc., have to obtain "permission" i.e. a license, prior
to allowing such performances to avoid infringement of the Copyright Act.
All fees collected are distributed to SOCAN's members after deducting adminstrative
expenses.
3.
Prior to 1991, there were two licensing agencies, the Composers, Actors,
and Publishers Association of Canada (CAPAC) and the Performing Rights Organization
of Canada (PROCAN). In the fall of 1990, the Canada Copyright Board announced
in the Canada Gazette that the combination of these two organizations to
form SOCAN, which, effective January 1, 1991, would be responsible for issuing
licenses and collecting tariffs. SOCAN began immediately pursuing their responsibility
vigorously.
4.
The Canada Gazette Supplement Number 1 of the Copyright Board of Canada identifies
20 tariff categories, each of which covers a specific activity such as:
- Tariff
Number 1 - Radio;
- Tariff
Number 2 - Television;
- etc.
5.
SOCAN has so related the square dancing activity to Tariff number 8 - Clubs.
The tariffs due for this category are $53.75 per event night (1992), which
for the average club would add about $1.00 to $2.00 per night per dancer.
Ontario
Federation Action
6. Because the responsibility was national in scope, the Ontario Federation
wrote to the Canadian Square and Round Dance Society in June 1991 to solicit
their help in solving what could be a real problem for the movement.
The Ontario Federation feared there would be imminent enforcement of the tariffs
by SOCAN. Failing any reply by the Society, the Ontario Federation
set up an Ad Hoc Committee of Don Pearson, Bob Pereira, and Ron Roe of the
Eastern Ontario Area, and Martin Mallard of Saskatoon from the Saskatchewan
Federation. Callerlab, Roundalab, and the Saskatchewan Federation quickly
agreed to support this project, which allowed a national solution to be put
in place.
Ad
Hoc Committee Results
7. Don Pearson's initial contact with SOCAN provided the key to solving the
problem. Following further research and a meeting with the Secretary of the
Copyright Board in Ottawa, a satisfactory resolution of the potential problem
was obtained. A letter was received from the Director of SOCAN's licensing
department, stating that:
"SOCAN will not seek to collect licensing fees from square dance performances
using gramophone records. However, tapes, CDs, live music, and "other
devices" will not be exempt from payment of fees".
8. However,
after subsequent discussions between representatives of the Canadian Square
and Round Dance Society and SOCAN, square and round dancing was no longer
exempt from paying annual royalty fees to SOCAN. Annual fees must be
paid by either the Caller/Cuer or by the Club for normal Club dancing, and
an additional fee for all special dances.
Suggested
Action by Clubs or Event Organizers
9. In the event that an owner of premises requests payment of the tariff
by a Club or an event connected with the square dance movement, a licence
can be obtained from SOCAN.
10. Should
a square dance club or event organizer still have difficulty, they should
contact their association for assistance.
The
latest information on SOCAN and the other related agencies can be obtained
from the Candian Western Dance Instructors Association. Please contact your
caller, leader, or instructor to find out the appropriate contact person.
Disclaimer
- Information Sheets
This Ontario
Federation Information Sheet was prepared and approved by the Board of Directors
of the Ontario Square and Round Dance Federation. It is intended only as
a guide for dancers and club executives to help them "get started" in handling
the administrative details of a square dance organization. The information
was considered correct at the time of publication. Suggestions or changes
are welcomed by the Federation and should be sent to the Secretary. This
Information Sheet is made available by the Federation to members and other
interested parties on the clear understanding that neither the Federation,
its Board of Directors, or its staff can be held responsible for the consequences
arising from the use of this information.
Information Updated April 1999
Updated; August, 2001
|
