14 April 2009 External T.I. 2007-0238221E5 F - Rights of musician-Transfer -- summary under Subsection 56(4)

As part of a general response respecting the transfer of rights by a musician to a corporation, CRA stated:

[I]n … F2002-0149781R3, the CRA took the position that subsection 56(4) would apply to the transfer to a corporation by an individual of royalty entitlements arising from contracts with a publisher, on the basis that the related copyright, no longer held by the individual, was not also transferred to the particular corporation. In this regard, the entering into of the publishing contract entailed the irrevocable assignment by the individual to the publisher of all copyright covered by the publishing contracts.

That said, the CRA took the position in … F2002-0149781R3 to not apply subsection 56(4) to the transfer of royalty rights under an agreement with the Society of Composers, Authors and Music Publishers of Canada (formerly the Society of Composers, Authors and Publishers of Canada Limited and hereinafter "SOCAN") in light of the particulars of such agreement.

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