Canada Gazette, Part I, Volume 157, Number 48: SUPPLEMENT 1
December 2, 2023
SUPPLEMENT 1 Vol. 157, No. 48
Canada Gazette
Part I
OTTAWA, Saturday, December 2, 2023
COPYRIGHT BOARD
Re:Sound Tariff 8 – Non-Interactive and Semi-Interactive Streaming (2013-2018)
Citation: Re:Sound Tariff 8 (2013-2018), 2023 CB 12-T
See also: Re:Sound Tariff 8 (2013-2018), 2023 CB 12
Published pursuant to section 70.1 of the Copyright Act
Lara Taylor
Secretary General
1‑833‑860‑7131 (toll-free number)
registry-greffe@cb-cda.gc.ca (email)
RE:SOUND TARIFF 8 – NON-INTERACTIVE AND SEMI-INTERACTIVE STREAMING (2013-2018)
Short Title
1. This tariff may be cited as the Re:Sound Non-Interactive and Semi-Interactive Streaming Tariff, 2013-2018.
Definitions
2. In this tariff,
- “Act”
- means the Copyright Act, R.S.C. 1985, c. C-42, as modified; (« Loi »)
- “device”
- means any device capable of receiving and playing a file, including a computer, digital media player, cellular phone, smartphone, or tablet; (« appareil »)
- “file”
- means a digital file of a sound recording of a musical work or a part thereof, whether or not that sound recording has been published, is in the public domain, is eligible to receive equitable remuneration or is within the repertoire of Re:Sound; (« fichier »)
- “month”
- means a calendar month; (« mois »)
- “non-commercial webcaster”
- means any webcaster other than the Canadian Broadcasting Corporation, that is owned and operated by a not-for-profit organization including any campus webcaster and community webcaster, whether or not any part of the webcaster’s operating costs are funded by advertising revenues; (« webdiffuseur non commercial »)
- “non-interactive stream”
- refers to a stream over which the recipient is unable to exercise any control over the content or the timing of the stream. For example, the recipient cannot skip or pause the communication of a file or influence the content being delivered to the recipient by indicating a preference for a musical genre, artist or sound recording other than by selecting the channel; (« transmission non interactive»)
- “on-demand stream”
- refers to any stream through which a specific file can be communicated to a member of the public at a place and at a time individually chosen by that member of the public; (« transmission sur demande »)
- “play”
- means the single communication of a file or a part thereof, to a single person; (« écoute »)
- “semi-interactive stream”
- refers to a stream over which the recipient has the ability to exercise some level of control over the content or the timing of the stream, such as by skipping, pausing, rewinding or fast-forwarding the communication of a file or by indicating a preference for a musical genre, artist or sound recording; (« transmission semi-interactive »)
- “service”
- means a person or organization who carries out a stream, excluding a non-commercial webcaster; (« service »)
- “simulcast”
- means the simultaneous communication of an over-the-air radio, pay audio or satellite radio broadcast via the Internet or another digital network, to a device, which is identical to the original signal and over which the recipient is unable to exercise any control over the content or the timing of the communication. For example, the recipient cannot skip, pause, rewind or fast-forward the communication of a file or influence the content of the communication by indicating a preference for a musical genre, artist or sound recording. If the possibility of such interaction exists, a stream is not a simulcast, regardless of whether the end user interacts with the stream or not; (« diffusion simultanée »)
- “stream”
- means the communication in Canada, via the Internet or another digital network, to a device, of one or more files; (« transmission»)
- “year”
- means a calendar year. (« année »)
Application
3. (1) This tariff sets the royalties to be paid by a service, for the years 2013-2018, for the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works within the repertoire of Re:Sound by non-interactive stream, semi-interactive stream or simulcast, other than:
- (a) a simulcast of programming by the Canadian Broadcasting Corporation, a Canadian commercial radio station, a satellite radio service, or a pay audio service. For greater certainty, any other simulcasts or non-interactive or semi-interactive streams in Canada are subject to the royalties payable under this tariff including simulcasts by non-Canadian commercial radio stations;
- (b) a semi-interactive webcast service that is subject to the Re:Sound and SOCAN – Stingray Pay Audio and Ancillary Services Tariff (2007–2016);
- (c) an on-demand stream or download;
- (d) a podcast or transmission of a programme previously transmitted (whether or not it has been converted to another audio file format) for playback on a device; and
- (e) a communication by a background music supplier to its commercial subscribers or any public performance of sound recordings.
(2) If a service offers an on-demand streaming, download or simulcast service as well as a non-interactive or semi-interactive streaming service, the non-interactive streaming and semi-interactive streaming shall not be treated as part of the on-demand streaming, download or simulcast service.
(3) This tariff is not subject to the special royalty rates applicable to wireless transmission systems or community systems set out in section 72 of the Act.
Royalties
4. (1) The royalties payable for any given month by a service shall be
- (a) For streams communicated during the period of January 1, 2013, to August 12, 2014:
- (i) $0.000131 per file included in a non-interactive stream or semi-interactive stream by the CBC;
- (ii) $0.000102 per file included in a non-interactive stream by all other services;
- (iii) $0.000089 per file included in a semi-interactive stream by all other services;
- (b) For streams communicated during the period of August 13, 2014, to December 31, 2017:
- (i) $0.000193 per file included in a non-interactive stream or semi-interactive stream by all services including the CBC;
- (c) For streams communicated during the period of January 1, 2018, to December 31, 2018:
- (i) $0.000208 per file included in a non-interactive stream or semi-interactive stream by all services including the CBC.
(2) All royalties payable pursuant to subsection (1) are subject to a minimum fee of $100 per year.
(3) In the case of a single, initial free trial of up to 31 days in any 12-month period offered to induce a prospective subscriber to enter into a paid subscription, there shall be no royalty fee payable.
Date Payable
5. (1) Unless otherwise provided, all royalties are due 45 days after the end of the month for which they are being paid.
(2) All royalties payable under this tariff are exclusive of any applicable federal, provincial or other governmental taxes or levies of any kind.
(3) Minimum fees are due on the 15th day of January of each year for which they apply, to be credited against the monthly amounts payable under section 4. If a service starts operating after January 15, the minimum fees are due 15 days after the end of the first month of operation, prorated based on the number of months of operation.
Reporting Requirements
Service Provider Identification
6. No later than 45 days after the end of the first month during which a service carries out a stream pursuant to section 3, the service shall provide to Re:Sound the following information:
- (a) The name of the service, including:
- (i) the name of the corporation or other entity, its jurisdiction, the names of its principal officers and any other trade name under which it carries on business; or
- (ii) the name of the proprietor of an individual proprietorship;
- (b) the address of its principal place of business and, if applicable, the address of an office in Canada if the principal place of business is located outside Canada;
- (c) the name, address and email of the persons to be contacted for the purposes of notice, for the exchange of data and for the purposes of invoicing and payment;
- (d) the name and address of any authorized distributor;
- (e) the name and Uniform Resource Locator (URL) from which the stream is or will be offered;
- (f) whether the stream is non-interactive and/or semi-interactive or both; and
- (g) the date(s) of its first non-interactive and/or semi-interactive stream in Canada.
Music Use Information
7. (1) No later than 45 days after the end of each month, a service shall provide to Re:Sound, in relation to each file or part thereof included in a non-interactive and semi-interactive stream and in a simulcast (except a simulcast excluded under section 3(1)(a)) in that month:
- (a) the title of the sound recording;
- (b) the name of each performer or group to whom the sound recording is credited;
- (c) the name of the record label or maker that released the sound recording;
- and if available,
- (d) the name of each author of the musical work;
- (e) the International Standard Recording Code (ISRC) assigned to the sound recording;
- (f) the name of the music publisher associated with the musical work;
- (g) the International Standard Musical Work Code (ISWC) assigned to the musical work;
- (h) if the sound recording was released as part of an album, the name, identifier, product catalogue number and Universal Product Code (UPC) assigned to the album, together with the associated disc and track numbers;
- (i) the Global Release Identifier (GRid) assigned to the sound recording and, if applicable, the GRid of the album or bundle in which the sound recording was released;
- (j) the running time of the sound recording as streamed, in minutes and seconds;
- (k) the running time of the sound recording as listed on the album, in minutes and seconds;
- (l) any alternative title used to designate the musical work or sound recording; and
- (m) in the case of syndicated programming, the cue sheet, with the relevant music use information inserted into the Excel report.
(2) A service shall provide, as part of the information set out in subsection (1), a report setting out, for that month:
- (a) the number of plays of each file; and
- (b) the total number of plays of all files.
(3) The information set out in subsections (1) and (2) shall be provided electronically, in Excel format or in any other format agreed upon by Re:Sound and the service, with a separate field for each piece of information required in subsection (1) other than the cue sheets which are to be used to insert the relevant music use information into each field of the report.
Adjustments
8. Adjustments to any information provided pursuant to section 6 or 7 shall be provided with the next monthly report provided pursuant to section 7.
9. Adjustments in the amount of royalties owed, including excess payments, as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due.
Records and Audits
10. (1) A service shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the calculation of that service’s payment under this tariff can be readily ascertained, including the information required under subsections 7(1) and (2).
(2) Re:Sound may audit these records at any time during the period set out in subsection (1), on reasonable notice and during normal business hours.
(3) Re:Sound shall, upon receipt, supply a copy of the report of the audit to the service that was the subject of the audit.
(4) If an audit discloses that the royalties owed to Re:Sound during any reporting period have been understated by more than 10%, the service that was the subject of the audit shall pay the reasonable costs of the audit to Re:Sound within 30 days of the demand for such payment. The amount of any understatement shall be paid within 30 days of the demand for such payment.
Confidentiality
11. (1) Subject to subsections (2) to (4), information received from a service pursuant to this tariff shall be treated in confidence, unless the service that supplied the information consents in writing to the information being treated otherwise.
(2) Information received from a service pursuant to this tariff may be shared
- (a) with Re:Sound’s agents and service providers, to the extent required by the service providers for the service they are contracted to provide;
- (b) in connection with the collection of royalties or the enforcement of a tariff, with SOCAN, CMRRA, SODRAC or CSI;
- (c) with the Copyright Board;
- (d) in connection with proceedings before the Copyright Board, if it is protected by a confidentiality order;
- (e) to the extent required to effect the distribution of royalties; or
- (f) if required by law.
(3) Where confidential information is shared with a service provider pursuant to section 11(2)(a), that service provider shall sign a confidentiality agreement.
(4) Subsection (1) does not apply to information that is publicly available, to aggregated information, or to information obtained from someone other than the service who supplied the information and who is not under an apparent duty of confidentiality to the service with respect to the supplied information.
Interest on Late Payments
12. 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 1% above the Bank Rate, effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.
Addresses for Notices, etc.
13. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: internet@resound.ca, fax number: 416‑962‑7797, or to any other address, email address, or fax number of which the service has been notified in writing.
(2) Anything addressed to a service shall be sent to the last address, email address, or fax number of which Re:Sound has been notified in writing.
Delivery of Notices and Payments
14. (1) A notice may be delivered by hand, by postage-paid mail, by fax, by email or by file transfer protocol (FTP). A payment may be made by credit card or delivered by hand, by postage-paid mail or by electronic bank transfer (EBT). Where a payment is delivered by EBT, the associated reporting required under section 7 shall be provided concurrently to Re:Sound by email.
(2) The information set out in section 7 shall be sent by email.
(3) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed.
(4) Anything sent by fax, by email, by FTP or by EBT shall be presumed to have been received the day it was transmitted.
Transitional Provisions
15. (1) Any amount owed under this tariff shall be due on March 4, 2024, and shall be increased by using the interest factors (based on the Bank Rate as published by the Bank of Canada) set out in the following table with respect to each period.
| Year/Month | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 |
|---|---|---|---|---|---|---|
| January | 1.1681 | 1.1559 | 1.1434 | 1.1342 | 1.1267 | 1.1174 |
| February | 1.1674 | 1.1549 | 1.1424 | 1.1336 | 1.1261 | 1.1164 |
| March | 1.1663 | 1.1538 | 1.1415 | 1.1330 | 1.1255 | 1.1152 |
| April | 1.1653 | 1.1528 | 1.1407 | 1.1324 | 1.1249 | 1.1139 |
| May | 1.1642 | 1.1517 | 1.1398 | 1.1317 | 1.1242 | 1.1127 |
| June | 1.1632 | 1.1507 | 1.1390 | 1.1311 | 1.1236 | 1.1114 |
| July | 1.1622 | 1.1497 | 1.1382 | 1.1305 | 1.1230 | 1.1102 |
| August | 1.1611 | 1.1486 | 1.1374 | 1.1299 | 1.1223 | 1.1088 |
| September | 1.1601 | 1.1476 | 1.1367 | 1.1292 | 1.1215 | 1.1074 |
| October | 1.1590 | 1.1465 | 1.1361 | 1.1286 | 1.1206 | 1.1060 |
| November | 1.1580 | 1.1455 | 1.1355 | 1.1280 | 1.1195 | 1.1045 |
| December | 1.1569 | 1.1444 | 1.1349 | 1.1274 | 1.1185 | 1.1029 |
(2) Reports under sections 6 and 7 shall be filed on or before March 4, 2024.