Canada Gazette, Part I, Volume 151, Number 20: COPYRIGHT BOARD

Mai 20, 2017

FILE: Public Performance of Musical Works

Statement of Royalties to Be Collected by SOCAN for the Communication to the Public by Telecommunication, in Canada, of Musical or Dramatico-Musical Works

In accordance with subsection 68(4) of the Copyright Act, the Copyright Board has certified and hereby publishes the statement of royalties to be collected by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) for the communication to the public by telecommunication, in Canada, of musical or dramatico-musical works in respect of the following tariffs and for the following years:

• — Tariff No. 1.C (2012-2014); and
• — Tariff No. 22.E (2007-2013).

Ottawa, May 20, 2017

Gilles McDougall
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613-952-8624 (telephone)
613-952-8630 (fax)
gilles.mcdougall@cb-cda.gc.ca (email)

TARIFF OF ROYALTIES TO BE COLLECTED BY THE SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA (SOCAN)

GENERAL PROVISIONS

All amounts payable under these tariffs are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

As used in these tariffs, the terms “licence,” “licence to perform” and “licence to communicate to the public by telecommunication” mean a licence to perform in public or to communicate to the public by telecommunication or to authorize the performance in public or the communication to the public by telecommunication, as the context may require.

Except where otherwise specified, fees payable for any licence granted by SOCAN shall be due and payable upon grant of the licence. Any amount not received by the due date shall bear interest from that date until the date the amount is received. Interest shall be calculated daily, at a rate equal to one per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

Each licence shall subsist according to the terms set out therein. SOCAN shall have the right at any time to terminate a licence for breach of terms or conditions upon 30 days' notice in writing.

Tariff No. 1

RADIO

This tariff is in compensation for the right to communicate to the public by telecommunication, in Canada, musical or dramatico-musical works forming part of SOCAN's repertoire.

C. Canadian Broadcasting Corporation

Short Title

1. This tariff may be cited as the SOCAN CBC Radio Tariff, 2012-2014.

Application

2. This tariff sets the royalties to be paid by CBC for the communication to the public by telecommunication, in Canada, of musical works in the repertoire of SOCAN by over-the-air radio broadcasting and by simulcasting of an over-the-air radio signal, in the years 2012 to 2014.

Royalties

3. CBC shall pay, per month, on the first day of each month, $144,406.60.

Music Use Information

4. (1) Each month, CBC shall provide to SOCAN the following information in respect of each musical work, or part thereof, broadcast by each of CBC's conventional radio stations, as may be applicable:

• (a) the date, time, duration of the broadcast of the musical work and sound recording, and the type of broadcast (e.g. local, regional);
• (b) the title of the work and the name of its author, composer and arranger;
• (c) the type of usage (feature, theme, background, etc.);
• (d) the title and catalogue number of the album, the name of the main performer or performing group and the record label, and whether the track performed is a published sound recording;
• (e) the name of the program, station (including call letters) and location of the station on which the musical work or sound recording was broadcast; and
• (f) where possible, the International Standard Musical Work Code (ISWC) of the work, the Universal Product Code (UPC) of the album, the International Standard Recording Code (ISRC) of the sound recording, the names of all of the other performers (if applicable), the duration of the musical work and sound recording as listed on the album and the track number on the album.

(2) The information set out in subsection (1) shall be provided electronically, in Excel format or in any other format agreed upon by SOCAN and CBC, with a separate field for each piece of information required in paragraphs (a) to (f), no later than 15 days after the end of the month to which it relates.

Tariff No. 22

INTERNET

This tariff is in compensation for the right to communicate to the public by telecommunication, in Canada, musical or dramatico-musical works forming part of SOCAN's repertoire, including, as of November 7, 2012, the right to make such works available to the public by telecommunication in a way that allows a member of the public to have access to them from a place and at a time individually chosen by that member of the public.

E. Canadian Broadcasting Corporation

Short Title

1. This tariff may be cited as the SOCAN CBC Internet Tariff, 2007-2013.

Application

2. (1) This part of Tariff 22 sets the royalties to be paid for the communication to the public by telecommunication of works in SOCAN's repertoire in connection with the transmission over the Internet of audio and audiovisual content by the Canadian Broadcasting Corporation / Société Radio-Canada (the “Corporation”) in the years 2007 to 2013.

(2) This part of the tariff does not apply to uses covered by other applicable tariffs, including

• (a) SOCAN tariffs for Online Music Services (Tariff 22.A as certified by the Board for the years 1996 to 2010 and proposed for the years 2011 to 2013);
• (b) SOCAN tariffs for Game Sites (Tariff 22.G as certified by the Board for the years 1996 to 2006 and proposed for the years 2007-2008 [Tariff 22.6], 2009-2012 [Tariff 22.F] and 2013 [Tariff 22.H]); and
• (c) SOCAN proposed tariff for the communication of User-Generated Content (Tariff 22.G for the years 2011-2013).
  

(3) This part of the tariff does not apply to the Internet-distributed audio and audiovisual services “cbcmusic.ca” and “espace.mu” (and any similar Internet-distributed audio and audiovisual services that may be launched by the Corporation during the term of this tariff).

Definitions

3. In this part of the tariff,

“audio page impression” means a page impression that allows a person to hear a sound, including audiovisual content; (« consultation de page audio »)

“Internet-related revenues” means all revenues generated by Internet-related activities, including membership, subscription and other access fees, advertising, product placement, promotion, sponsorship, net revenues from the sale of goods or services and commissions on third-party transactions, but excluding

• (a) revenues that are already included in calculating royalties pursuant to another SOCAN tariff;
• (b) revenues generated by an Internet-based activity that is subject to another SOCAN tariff;
• (c) agency commissions;
• (d) the fair market value of any advertising production services provided by the Corporation; and
• (e) network usage and other connectivity access fees; (« recettes d'Internet »)

“online programming” means Internet-distributed audio and audiovisual content; (« programmation en ligne »)

“page impression” means a request to load a single page from a site; (« consultation de page »)

“site” means a collection of pages accessible via a common root URL; (« site »)

“year” means a calendar year. (« année »)

Royalties

4. The royalties payable by the Corporation shall be the total of paragraphs (a) and (b) as follows:

• tou.tv
• (a) For the audiovisual service “www.tou.tv” and any similar Internet-distributed audiovisual service that may be launched by the Corporation during the term of this tariff (collectively “tou.tv”):
  • A × B
• where
  • (A) is 1.9 per cent of tou.tv's Internet-related revenues; and
  • (B) is the ratio of audio page impressions to all page impressions relating to tou.tv, if that ratio is available, and 0.75 if not.

Other online programming

(b) For the Corporation's transmissions of online programming other than those to which paragraph (a) refers:

• A × B

where

• (A) is 10 per cent of the total amount payable by the Corporation pursuant to Tariffs 1.C (Radio – Canadian Broadcasting Corporation) and 2.D (Television – Canadian Broadcasting Corporation) or an agreement with SOCAN; and
• (B) is the ratio of audio page impressions to all page impressions relating to online programming, if that ratio is available, and 0.15 if not.
  

Reporting Requirements

5. When royalties are payable pursuant to section 4, the time periods to be used in calculating royalties, as well as the dates at which payments must be effected and information reported, shall be the same as in Tariffs 1.C and 2.D, as applicable.

6. (1) Upon receipt of a written request from SOCAN, the Corporation shall provide, with respect to each musical work the Corporation transmitted during the days listed in the request,

• (a) the date and time of the transmission;
• (b) the title of the work, the name of its author and composer;
• (c) where applicable, the title of the album, the name of the performers or performing groups and the record label; and
• (d) where available, the number of persons who listened to the work.

(2) The Corporation shall provide the information set out in subsection (1) in electronic format where possible, otherwise in writing, no later than 14 days after the end of the month to which it relates.

(3) The Corporation is not required to provide the information set out in subsection (1) with respect to more than 14 days in a year.

Audit

7. SOCAN shall have the right to audit the books and records of the Corporation, on reasonable notice and during normal business hours, to verify the statements rendered and the royalties payable pursuant to paragraphs 4(a) and (b).