CHARITABLE ORGANIZATIONS
the new legislation changes the Supreme Court's conclusions. In the last decision, Re:Sound v. Motion Picture Theatre As-
Your legacy of compassion
sociations of Canada, the issue was whether there should be royalties for a sound recording that is part of a soundtrack that accompanies either a movie or television program. To get royal- ties, the work would have to qualify as a "sound recording" un- der s. 2 of the act. However, there is an exception if the work is found to be a "soundtrack" that accompanies a cinematographic work. The SCC found that a pre-existing sound recording that is part of a soundtrack cannot be subject to a tariff when the soundtrack accompanies a cinematographic work. The net effect of the decision is audio visual works are
not subject to the neighbouring rights regime, says McMillan LLP's David Kent, who was counsel for the Motion Picture Theatre Associations of Canada. Kent notes there is a case from Australia's High Court that came to the opposite con- clusion. In the United Kingdom, he says they have a slightly different set of definitions, adding that Canada put its copy- right regime into place after Australia and the U.K. and the Canadian government clearly chose a different path because it uses starkly different language in the legislation. Kerr-Wilson says the Re:Sound case was more technical
and obscure than the other decisions. He believes this was a fairly narrow appeal and doesn't think the case has much application.
Your legacy of compassion
The Animal Alliance Environment Voters Party of Canada, the only federally registered political party fighting for the protection of all animals and the environment.
ANIMAL ALLIANCE OF CANADA
For estate and bequest information please contact Lia Laskaris
221 Broadview Avenue, Suite101 Toronto, Ontario M4M 2G3
Phone (416) 462-9541 Fax (416) 462-9647
www.animalalliance.ca
E-mail: contact@animalalliance.ca Registration Number 265187-4
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The Toronto Star Children's Charities bring smiles, a breath of fresh air and Christmas gifts to 80,000 Toronto
area youngsters each year. The Toronto Star Fresh Air Fund helps send 25,000 disabled and disadvantaged kids to summer camp. The Toronto Star Santa Claus Fund delivers gifts and food to 55,000 underprivileged children.
For estate and bequest information please contact Lia Laskaris:
T/ (416) 462-9541 F/ (416) 462-9647
www.environmentvoters.org contact@environmentvoters.org
221 Broadview Ave., Suite 101 Toronto,Ontario M4M 2G3
That's 80,000 smiles filled with lifetime memories and good cheer. The Toronto Star Fresh Air Fund and Santa Claus Fund will endeavour to make it happen again, just as they have every year since 1901. With your help.
For more information, please contact: The Toronto Star Children's Charities One Yonge St., Toronto, ON M5E 1E6 (416) 869-4847
thestar.com/freshairfund thestar.com/santaclausfund
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www.CANADIAN Lawyermag.com OCTO BER 2012 45 12-09-13 10:01 AM
