ARCHIVED — Vol. 146, No. 26 — June 30, 2012

COPYRIGHT BOARD

FILE: Public Performance of Musical Works

Statement of Royalties to Be Collected by SOCAN for the Public Performance or 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 public performance or 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. 24 (2006-2013)
  • — Tariff No. 15.A (2008-2011)
  • — Tariff No. 13.A (2009-2010)
  • — Tariff No. 15.B (2009-2011)
  • — Tariffs Nos. 2.C, 2.D, 5.A, 12.A, 12.B, 13.B, 13.C, 23 (2009-2012)
  • — Tariffs Nos. 2.B, 6 (2009-2013)
  • — Tariff No. 16 (2010-2011)
  • — Tariff No. 9 (2010-2012)
  • — Tariffs Nos. 3.A, 3.B, 3.C, 7, 8, 10.A, 10.B, 11.A, 11.B, 14, 18, 19, 20, 21 (2011-2012)

Ottawa, June 30, 2012

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)

in compensation for the right to perform in public or to communicate to the public by telecommunication, in Canada, musical or dramatico-musical works forming part of its repertoire.

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 of Canada 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. 2

TELEVISION

B. Ontario Educational Communications Authority (2009 to 2013)

For a licence to perform, at any time and as often as desired in the years 2009 to 2013, for private or domestic use, any or all of the works in SOCAN’s repertoire by a station operated by the Ontario Educational Communications Authority, the annual fee is $300,080 payable in equal quarterly instalments on January 1, April 1, July 1 and October 1 of the year covered by the licence.

Tariff 2.B does not apply to the use of music covered under Tariff 17 or Tariff 22.

C. Société de télédiffusion du Québec (2009 to 2012)

For a licence to perform, at any time and as often as desired in the years 2009 to 2012, for private or domestic use, any or all of the works in SOCAN’s repertoire by a station operated by the Société de télédiffusion du Québec, the annual fee is $180,000 for 2009, and $216,000 for 2010 to 2012, payable in equal quarterly installments on March 31, June 30, September 30 and December 15 of the year covered by the licence.

Tariff 2.C does not apply to the use of music covered under Tariff 17 or Tariff 22.

D. Canadian Broadcasting Corporation (2009 to 2012)

For a licence to perform, at any time and as often as desired in the years 2009 to 2012, for private or domestic use, any or all of the works in SOCAN’s repertoire for all broadcasts of programs by the television network and stations owned and operated by the Canadian Broadcasting Corporation, the annual fee shall be $6,922,586, payable in equal monthly installments on the first day of each month, commencing January 1 of the year for which the licence is issued.

Tariff 2.D does not apply to the use of music covered under Tariff 17 or Tariff 22.

Tariff No. 3

CABARETS, CAFES, CLUBS, COCKTAIL BARS, DINING
ROOMS, LOUNGES, RESTAURANTS, ROADHOUSES,
TAVERNS AND SIMILAR ESTABLISHMENTS
(2011 and 2012)

A. Live Music

For a licence to perform, by means of performers in person, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments, the fee payable by the establishment is 3 per cent of the compensation for entertainment paid in the year covered by the licence, subject to a minimum annual fee of $83.65.

“Compensation for entertainment” means the total amounts paid by the licensee to, plus any other compensation received by, musicians, singers and all other performers, for entertainment of which live music forms part. It does not include expenditures for stage props, lighting equipment, set design, costumes, renovation or expansion of facilities, furniture and equipment.

No later than January 31 of the year covered by the licence, the licensee shall pay to SOCAN the estimated fee owing for that year, as follows. If any music was performed as part of entertainment in the previous year, the payment is based on the compensation paid for entertainment during that year, and accompanied by a report of the actual compensation paid for entertainment during that year. If no music was performed as part of entertainment in that year, the licensee shall file a report estimating the expected compensation for entertainment during the year covered by the licence and pay according to that report.

No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual compensation paid for entertainment during the previous year and an adjustment of the licence fee shall be made accordingly. Any monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee’s records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor’s fees.

B. Recorded Music Accompanying Live Entertainment

For a licence to perform, by means of recorded music, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, as an integral part of live entertainment in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments, the fee payable by the establishment shall be 2 per cent of the compensation for entertainment paid in the year covered by the licence, subject to a minimum annual fee of $62.74.

“Compensation for entertainment” means the total amounts paid by the licensee to, plus any other compensation received by, all performers, for entertainment of which recorded music forms an integral part. It does not include expenditures for stage props, lighting equipment, set design, costumes, renovation or expansion of facilities, furniture and equipment.

No later than January 31 of the year covered by the licence, the licensee shall pay to SOCAN the estimated fee owing for that year, as follows. If any music was performed as part of entertainment in the previous year, the payment is based on the compensation paid for entertainment during that year, and accompanied by a report of the actual compensation paid for entertainment during that year. If no music was performed as part of entertainment in that year, the licensee shall file a report estimating the expected compensation for entertainment during the year covered by the licence and pay according to that report.

No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual compensation paid for entertainment during the previous year and an adjustment of the licence fee shall be made accordingly. Any monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee’s records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor’s fees.

Tariff 3.B does not apply to the use of music covered under Tariff 3.C.

C. Adult Entertainment Clubs

For a licence to perform, by means of recorded music, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, in an adult entertainment club, the fee payable by the establishment is 4.4¢ per day, multiplied by the capacity (seating and standing) authorized under the establishment’s liquor licence or any other document issued by a competent authority for this type of establishment.

“Day” means any period between 6:00 a.m. on one day and 6:00 a.m. the following day during which the establishment operates as an adult entertainment club.

No later than January 31 of the year covered by the licence, the licensee shall file a report estimating the amount of royalties and send to SOCAN the report and the estimated fee.

No later than January 31 of the following year, the licensee shall file with SOCAN a report indicating the authorized capacity (seating and standing) of the establishment, as well as the number of days it operated as an adult entertainment club during the previous year, and an adjustment of the licence fee shall be made accordingly. Any additional monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee’s records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor’s fees.

Tariff No. 5

EXHIBITIONS AND FAIRS (2009 to 2012)

A. For a licence to perform, at any time and as often as desired, any or all of the works in SOCAN’s repertoire at an exhibition or fair held in the years 2009 to 2012, the fee is calculated as follows:

  • (a) Where the total attendance (excluding exhibitors and staff) for the duration of the exhibition or fair does not exceed 75 000 persons:

Total Attendance

Fee Payable per Day

Up to 25 000 persons

$12.81

25 001 to 50 000 persons

$25.78

50 001 to 75 000 persons

$64.31

  • (b) Where the total attendance (excluding exhibitors and staff) for the duration of the exhibition or fair exceeds 75 000 persons:

Total Attendance

Fee Payable per Person

For the first 100 000 persons

1.07¢

For the next 100 000 persons

0.47¢

For the next 300 000 persons

0.35¢

All additional persons

0.26¢

In the case of an exhibition or fair that is scheduled yearly, the fee shall be paid on the actual attendance figures in the preceding year, on or before January 31 of the year covered by the licence. The licensee shall submit with the licence fee the figures for actual attendance for the previous year and the duration, in days, of the exhibition or fair.

In all other cases, the licensee shall, within 30 days of an exhibition’s or fair’s closing, report its attendance and duration and submit the fee based on those figures.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

A licence issued under Tariff 5.A does not authorize performances of music at concerts for which an additional admission charge is made; for such concerts, Tariff 5.B applies.

Tariff No. 6

MOTION PICTURE THEATRES (2009 to 2013)

For a licence to perform, at any time and as often as desired in the years 2009 to 2013, any or all of the works in SOCAN’s repertoire, covering the operations of a motion picture theatre or any establishment exhibiting motion pictures at any time during the year, the annual fee is as follows:

Year

Annual rate per seat, per screen

Minimum annual fee per screen

2009

$1.30

$130

2010

$1.35

$135

2011

$1.40

$140

2012

$1.45

$145

2013

$1.50

$150

The seating capacity of drive-in theatres is deemed to be three times the maximum number of automobiles which may be accommodated at any one time.

Theatres operating three days or less per week shall pay one half of the above rates.

For theatres operating for less than 12 months in each year, the fee payable shall be reduced by one twelfth for each full month during the year in which no operations occur.

A licence obtained under this tariff does not authorize any concert or other performance of music when the exhibition of one or more films is not an integral part of the program. The fees for those performances shall be calculated under other applicable tariffs.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 7

SKATING RINKS (2011 and 2012)

For a licence to perform, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, by means of performers in person or by means of recorded music, in connection with roller or ice skating, the fee is as follows:

  • (a) where an admission fee is charged, 1.2 per cent of the gross receipts from admissions exclusive of sales and amusement taxes, subject to a minimum annual fee of $104.31; and

  • (b) where no admission fee is charged, an annual fee of $104.31.

The licensee shall estimate the fee payable for the year covered by the licence based on the total gross receipts from admissions, exclusive of sales and amusement taxes, for the previous year and shall pay such estimated fee to SOCAN on or before January 31 of the year covered by the licence. Payment of the fee shall be accompanied by a report of the gross receipts for the previous year.

If the gross receipts reported for the previous year were not based on the entire year, payment of this fee shall be accompanied by a report estimating the gross receipts from admissions for the entire year covered by the licence.

On or before January 31 of the following year, a report shall be made of the actual gross receipts from admissions during the year covered by the licence, an adjustment of the licence fee payable to SOCAN shall be made, and any additional fees due on the basis of the actual gross receipts from admission charges shall be paid to SOCAN. If the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 8

RECEPTIONS, CONVENTIONS, ASSEMBLIES AND FASHION SHOWS (2011 and 2012)

For a licence to perform, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire as part of events at receptions, conventions, assemblies and fashion shows, the fee payable for each event, or for each day on which a fashion show is held, is as follows:

Room Capacity
(seating and standing)

Fee per Event

Without Dancing

With Dancing

1 - 100

$20.56

$41.13

101 - 300

$29.56

$59.17

301 - 500

$61.69

$123.38

Over 500

$87.40

$174.79

No later than 30 days after the end of each quarter, the licensee shall file with SOCAN a report for that quarter of the actual number of events with and without dancing and of the number of days on which a fashion show was held. The report shall also include the room capacity (seating and standing) authorized under the establishment’s liquor licence or any other document issued by a competent authority for this type of establishment, and payment of the licence fees.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 9

SPORTS EVENTS (2010 to 2012)

For a licence to perform at any time and as often as desired in the years 2010 to 2012, any or all of the works in SOCAN’s repertoire, by means of performers in person or by means of recorded music, in connection with baseball, football, hockey, basketball, skating competitions, races, track meets and other sports events, the fee payable per event shall be 0.095 per cent in 2010, and 0.1 per cent in 2011 and 2012, of gross receipts from ticket sales, exclusive of sales and amusement taxes in all years.

The fee payable for an event to which the admission is free is $5.

A complimentary ticket is valued at half the lowest price paid for a sold ticket from the same ticket category in the same event.

No later than 30 days after the end of each quarter, the licensee shall file with SOCAN a report for that quarter of the actual number of events, together with payment of the licence fees.

A licence to which Tariff No. 9 applies does not authorize performances of music at opening and closing events for which an additional admission charge is made; for such events, Tariff No. 4 shall apply.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 10

PARKS, PARADES, STREETS AND OTHER PUBLIC AREAS (2011 and 2012)

A. Strolling Musicians and Buskers; Recorded Music

For a licence to perform, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, by strolling musicians or buskers, or by means of recorded music, in parks, streets or other public areas, the fee is as follows:

$32.55 for each day on which music is performed, up to a maximum fee of $222.93 in any three-month period.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

For concert performances in parks, streets or other public areas, Tariff 4 shall apply.

B. Marching Bands; Floats with Music

For a licence to perform, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, by marching bands or floats with music participating in parades, the fee is as follows:

$8.78 for each marching band or float with music participating in the parade, subject to a minimum fee of $32.55 per day.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 11

CIRCUSES, ICE SHOWS, FIREWORKS DISPLAYS, SOUND AND LIGHT SHOWS AND SIMILAR EVENTS; COMEDY SHOWS AND MAGIC SHOWS (2011 and 2012)

A. Circuses, Ice Shows, Fireworks Displays, Sound and Light Shows and Similar Events

For a licence to perform, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, by means of performers in person or by means of recorded music at circuses, ice shows, fireworks displays, sound and light shows and similar events, the fee payable per event is as follows:

1.6 per cent of gross receipts from ticket sales, exclusive of sales and amusement taxes, subject to a minimum fee of $61.85.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Comedy Shows and Magic Shows

For a licence to perform, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, by means of performers in person or by means of recorded music in conjunction with events where the primary focus is on comedians or magicians and the use of music is incidental, the fee payable per event is $36.60. However, where the comedy act or magic show is primarily a musical act, Tariff 4.A applies.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 12

THEME PARKS, ONTARIO PLACE CORPORATION AND SIMILAR OPERATIONS; PARAMOUNT CANADA’S WONDERLAND AND SIMILAR OPERATIONS (2009 to 2012)

A. Theme Parks, Ontario Place Corporation and Similar Operations

For a licence to perform, at any time and as often as desired in the years 2009 to 2012, any or all of the works in SOCAN’s repertoire, at theme parks, Ontario Place Corporation and similar operations, the fee payable is

  • (a) $2.41 per 1 000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1 000;

PLUS

  • (b) 1.5 per cent of “live music entertainment costs.”

“Live music entertainment costs” means all direct expenditures of any kind and nature (whether in money or other form) paid by the licensee or on the licensee’s behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than June 30 of the year covered by the licence, the licensee shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for that year, together with payment of 50 per cent of the estimated fee. The balance of the estimated fee is to be paid no later than October 1 of the same year.

No later than the earliest of 30 days of the close of the season and January 31 of the following year, the licensee shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for the year covered by the licence. SOCAN shall then calculate the fee and submit a statement of adjustments.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff 12.A does not apply to performances covered under Tariff 4 or 5.

B. Paramount Canada’s Wonderland Inc. and Similar Operations

For a licence to perform, at any time and as often as desired in the years 2009 to 2012, any or all of the works in SOCAN’s repertoire at Paramount Canada’s Wonderland and similar operations, the fee payable is

  • (a) $5.09 per 1 000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1 000;

PLUS

  • (b) 1.5 per cent of “live music entertainment costs.”

“Live music entertainment costs” means all direct expenditures of any kind and nature (whether in money or other form) paid by the licensee or on the licensee’s behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than June 30 of the year covered by the licence, the licensee shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for that year, together with payment of 50 per cent of the estimated fee. The balance of the estimated fee is to be paid no later than October 1 of the same year.

No later than the earliest of 30 days of the close of the season and January 31 of the following year, the licensee shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for the year covered by the licence. SOCAN shall then calculate the fee and submit a statement of adjustments.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff 12.B does not apply to performances covered under Tariff 4 or 5.

Tariff No. 13

PUBLIC CONVEYANCES

A. Aircraft (2009 and 2010)

For a licence to perform in an aircraft, by means of recorded music, at any time and as often as desired in the years 2009 and 2010, any or all of the works in SOCAN’s repertoire, the fee payable for each aircraft is as follows:

1. Music while on ground

Seating Capacity

Fee per Calendar Quarter

0 to 100

$40.50

101 to 160

$51.30

161 to 250

$60.00

251 or more

$82.50

2. In-flight Music

Seating Capacity

Fee per Calendar Quarter

0 to 100

$162.00

101 to 160

$205.20

161 to 250

$240.00

251 or more

$330.00

The fees under this tariff shall be payable on March 31, June 30, September 30, and December 31.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Where fees are paid under Tariff 13.A.2, no fees are payable under Tariff 13.A.1.

B. Passenger Ships (2009 to 2012)

For a licence to perform in a passenger ship, by means of recorded music, at any time and as often as desired in the years 2009 to 2012, any or all of the works in SOCAN’s repertoire, the fee payable for each passenger ship is as follows:

$1.05 per person per year based on the authorized passenger capacity of the ship, subject to a minimum annual fee of $62.74.

For passenger ships operating for less than 12 months in each year, the fee payable shall be reduced by one twelfth for each full month during the year in which no operations occur.

On or before January 31 of the year covered by the licence, the licensee shall report the authorized passenger capacity and pay the applicable fee to SOCAN.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

C. Railroad Trains, Buses and Other Public Conveyances, Excluding Aircraft and Passenger Ships (2009 to 2012)

For a licence to perform in railroad trains, buses and other public conveyances, excluding aircraft and passenger ships, by means of recorded music, at any time and as often as desired in the years 2009 to 2012, any or all of the works in SOCAN’s repertoire, the fee payable is as follows:

$1.05 per person per year, based on the authorized passenger capacity of the car, bus or other public conveyance, subject to a minimum annual fee of $62.74.

On or before January 31 of the year covered by the licence, the licensee shall report the authorized passenger capacity and pay the applicable fee to SOCAN.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 14

PERFORMANCE OF AN INDIVIDUAL WORK (2011 and 2012)

For the performance, in the years 2011 and 2012, of an individual work or an excerpt therefrom by a performer or contrivance at any single event when that work is the sole work performed from the repertoire of SOCAN, the fee payable shall be as follows:

When the performance of the work does not last more than three minutes:

Potential Audience

Musical Group or Orchestra with or without vocal accompaniment

Single Instrument with or without vocal accompaniment

500 or less

$5.35

$2.72

501 to 1 000

$6.27

$4.11

1 001 to 5 000

$13.37

$6.68

5 001 to 10 000

$18.66

$9.36

10 001 to 15 000

$24.01

$12.03

15 001 to 20 000

$29.30

$14.65

20 001 to 25 000

$34.60

$17.33

25 001 to 50 000

$40.05

$17.48

50 001 to 100 000

$45.45

$22.72

100 001 to 200 000

$59.33

$26.63

200 001 to 300 000

$66.68

$33.31

300 001 to 400 000

$79.94

$39.95

400 001 to 500 000

$93.36

$46.68

500 001 to 600 000

$106.67

$53.26

600 001 to 800 000

$119.94

$59.58

800 001 or more

$133.25

$66.68

When the performance of a work lasts more than three minutes, the above rates are increased as follows:

Increase

(%)

Over 3 and not more than 7 minutes

75

Over 7 and not more than 15 minutes

125

Over 15 and not more than 30 minutes

200

Over 30 and not more than 60 minutes

300

Over 60 and not more than 90 minutes

400

Over 90 and not more than 120 minutes

500

If more than one work from SOCAN’s repertoire is performed during any particular event, the fees shall be calculated under other applicable tariffs.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 15

BACKGROUND MUSIC IN ESTABLISHMENTS NOT COVERED BY TARIFF NO. 16

A. Background Music (2008 to 2011)

For a licence to perform recorded music forming part of SOCAN’s repertoire, by any means, including a television set, and at any time and as often as desired in the years 2008 to 2011, in an establishment not covered by Tariff 16, the annual fee is $1.23 per square metre or 11.46¢ per square foot, payable no later than January 31 of the year covered by the licence.

If no music is performed in January of the first year of operation, the fee shall be prorated on a monthly basis, calculated from the month in which music was first performed, and shall be paid within 30 days of the date on which music was first performed.

Seasonal establishments operating less than six months per year shall pay half the above rate.

In all cases, a minimum annual fee of $94.51 shall apply.

The payment shall be accompanied by a report showing the area of the establishment.

This tariff does not cover the use of music expressly covered in other tariffs, including performances covered under Tariff 8.

Pursuant to subsection 69(2) of the Copyright Act, no royalties are collectable from the owner or user of a radio receiving set in respect of public performances effected by means of that radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Telephone Music on Hold (2009 to 2011)

For a licence to communicate to the public by telecommunication over a telephone on hold, at any time and as often as desired in the years 2009 to 2011, any or all of the works in SOCAN’s repertoire, in an establishment not covered by Tariff 16, the fee payable is as follows:

$94.51 for one trunk line, plus $2.09 for each additional trunk line.

For the purposes of this tariff, “trunk line” means a telephone line linking the licensee’s telephone switching equipment to the public telephone system and over which music is provided to a caller while on hold.

No later than January 31 of the year covered by the licence, the licensee shall pay the applicable fee to SOCAN and report the number of trunk lines.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Where fees are paid under subsection 3(2) of Tariff 16, no fees shall be payable under Tariff 15.

Tariff No. 16

BACKGROUND MUSIC SUPPLIERS (2010 and 2011)

Definitions

1. In this tariff,

“quarter” means from January to March, from April to June, from July to September and from October to December. (« trimestre »)

“revenues” means any amount paid by a subscriber to a supplier, net of any amount paid by the subscriber for the equipment provided to him. (« recettes »)

“small cable transmission system” has the meaning attributed to it in sections 3 and 4 of the Definition of “Small Cable Transmission System” Regulations, SOR/94-755 (Canada Gazette, Part Ⅱ, Vol. 128, page 4096), amended by SOR/2005-148 (Canada Gazette, Part Ⅱ, Vol. 139, page 1195). (« petit système de transmission par fil »)

“supplier” means a background music service supplier. (« fournisseur »)

Application

2. (1) This tariff sets the royalties payable in the years 2010 and 2011 by a supplier who communicates to the public by telecommunication works in SOCAN’s repertoire or authorizes a subscriber to perform such works in public as background music, including any use of music with a telephone on hold.

(2) This tariff does not cover the use of music expressly covered in other tariffs, including performances covered under Tariff 8 and SOCAN-NRCC Pay Audio Services Tariff.

Royalties

3. (1) Subject to subsection (4), a supplier who communicates a work in SOCAN’s repertoire during a quarter pays to SOCAN 2.25 per cent of revenues from subscribers who received such a communication during the quarter, subject to a minimum fee of $1.50 per relevant premises.

(2) Subject to subsections (3) and (4), a supplier who authorizes a subscriber to perform in public a work in SOCAN’s repertoire during a quarter pays to SOCAN 7.5 per cent of revenues from subscribers so authorized during the quarter, subject to a minimum fee of $5 per relevant premises.

(3) A supplier who authorizes a subscriber to perform in public a work in SOCAN’s repertoire is not required to pay the royalties set out in subsection (2) to the extent that the subscriber complies with SOCAN Tariff 15.

(4) Royalties payable by a small cable transmission system are reduced by half.

Reporting Requirements

4. (1) No later than 60 days after the end of the quarter, the supplier shall pay the royalty for that quarter and shall report the information used to calculate the royalty.

(2) A supplier subject to subsection 3(1) shall provide with its payment the sequential lists of all musical works transmitted on the last seven days of each month of the quarter. Each entry shall mention the date and time of transmission, the title of the musical work, the name of the author and the composer of the work, the name of the performer or of the performing group, the running time, in minutes and seconds, the title of the record album, the record label, the Universal Product Code (UPC) and the International Standard Recording Code (ISRC).

(3) The information set out in subsection (2) is provided only if it is available to the supplier or to a third party from whom the supplier is entitled to obtain the information.

(4) A supplier subject to subsection 3(1) is not required to comply with subsection (2) with respect to any signal that is subject to the SOCAN-NRCC Pay Audio Services Tariff.

(5) A supplier subject to subsection 3(2) shall provide with its payment the name of each subscriber and the address of each premises for which the supplier is making a payment.

(6) Information provided pursuant to this section shall be delivered electronically, in plain text format or in any other format agreed upon by SOCAN and a supplier.

(7) A small cable transmission system is not required to comply with subsections (2) to (4).

Records and Audits

5. SOCAN shall have the right to audit the supplier’s books and records, on reasonable notice during normal business hours, to verify the statements rendered and the fee payable by the supplier.

Confidentiality

6. (1) Subject to subsections (2) and (3), SOCAN shall treat in confidence information received pursuant to this tariff, unless the person that supplied the information consents in writing to the information being treated otherwise.

(2) SOCAN may share information referred to in subsection (1)

  • (i) with the Copyright Board,

  • (ii) in connection with proceedings before the Copyright Board, if the supplier had the opportunity to request a confi-dentiality order,

  • (iii) to the extent required to effect the distribution of royal-ties, with any other collective society or with any royalty claimant, or

  • (iv) if required by law or by a court of law.

(3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than a supplier and who is not under an apparent duty of confidentiality to the supplier.

Tariff No. 18

RECORDED MUSIC FOR DANCING (2011 and 2012)

For a licence to perform, by means of recorded music for dancing by patrons, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, in bars, cabarets, restaurants, taverns, clubs, dining rooms, discotheques, dance halls, ballrooms and similar premises, the annual fee shall be as follows:

  • (a) Premises accommodating no more than 100 patrons:

Months of Operation

Days of Operation

1 - 3 days

4 - 7 days

6 months or less

$267.33

$534.66

More than 6 months

$534.66

$1,069.32

  • (b) Premises accommodating more than 100 patrons:

Premises accommodating between 101 and 120 patrons shall pay 10 per cent more than the fees set out in (a). For each subsequent capacity increase of up to 20 patrons, a further increase of 10 per cent of the fees set out in (a) shall be payable.

No later than January 31 of the year covered by the licence, the establishment shall pay the applicable fee to SOCAN and report the room capacity in number of patrons.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

This tariff does not cover the use of music expressly covered in other tariffs, including performances covered under Tariff 8.

Tariff No. 19

FITNESS ACTIVITIES AND DANCE INSTRUCTION (2011 and 2012)

For a licence to perform, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, in conjunction with physical exercises (dancercize, aerobics, body building and other similar activities) and dance instruction, the annual fee for each room in which performances take place is $2.14 multiplied by the average number of participants per week in the room, with a minimum annual fee of $64.

No later than January 31 of the year covered by the licence, the licensee shall file with SOCAN a statement estimating the average number of participants per week for each room in which performances are expected to take place during the year, together with the payment of the estimated fee.

No later than January 31 of the following year, the licensee shall file with SOCAN a report setting out the actual average number of participants per week for each room in which performances took place during the year covered by the licence. Any monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 20

KARAOKE BARS AND SIMILAR ESTABLISHMENTS (2011 and 2012)

For a licence to perform, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, by means of karaoke machines at karaoke bars and similar establishments, the annual fee shall be as follows:

Establishments operating with karaoke no more than 3 days a week: $191.24.

Establishments operating with karaoke more than 3 days a week: $275.56.

No later than January 31 of the year covered by the licence, the establishment shall pay the applicable fee to SOCAN and report the number of days it operates with karaoke in a week.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 21

RECREATIONAL FACILITIES OPERATED BY A MUNICIPALITY, SCHOOL, COLLEGE, UNIVERSITY, AGRICULTURAL SOCIETY OR SIMILAR COMMUNITY ORGANIZATIONS (2011 and 2012)

For a licence to perform, at any time and as often as desired in the years 2011 and 2012, any or all of the works in SOCAN’s repertoire, in a recreational facility operated by a municipality, school, college, university, agricultural society or similar community organizations, during recreational activities that would otherwise be subject to Tariff 5.A (Exhibitions and Fairs), Tariff 7 (Skating Rinks), Tariff 8 (Receptions, Conventions, Assemblies and Fashion Shows), Tariff 9 (Sports Events, including minor hockey, figure skating, roller skating, ice skating, youth figure skating carnivals and amateur rodeos), Tariff 11.A (Circuses, Ice Shows, etc.) or Tariff 19 (Fitness Activities and Dance Instruction), the annual fee is $185.07 for each facility, if the licensee’s gross revenue from these events during the year covered by the licence does not exceed $15,422.88.

Payment of this fee shall be made on or before January 31 of the year covered by the licence. On or before January 31 of the following year, a report shall be submitted to SOCAN confirming that the licensee’s gross revenue from the events covered by this tariff during the year does not exceed $15,422.88.

A facility paying under this tariff is not required to pay under Tariff 5.A, 7, 8, 9, 11.A or 19 for the events covered in this tariff.

This tariff does not cover the use of music expressly covered in tariffs other than Tariff 5.A, 7, 8, 9, 11.A or 19.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 23

HOTEL AND MOTEL IN-ROOM SERVICES (2009 to 2012)

Definitions

1. In this tariff, “mature audience film” means an audiovisual work that has sexual activity as its primary component and that is separately marketed as adult entertainment.

Application and Royalties

2. For a licence to communicate to the public by telecommunication, at any time and as often as desired in the years 2009 to 2012, any or all of the works in SOCAN’s repertoire, by means of hotel or motel in-room audiovisual or musical services, the total fees payable shall be

  • (a) 1.25 per cent of the fees paid by guests to view audiovisual works other than mature audience films;

  • (b) 0.3125 per cent of the fees paid by guests to view mature audience films containing any work in respect of which a SOCAN licence is required; and

  • (c) 5.5 per cent of the revenues of the provider of any musical service.

Payment and Reporting Requirements

3. Royalties shall be due no later than 60 days after the end of each quarter. The payment shall be accompanied by a report showing, with respect to the relevant quarter,

  • (a) for audiovisual works other than mature audience films,
    • (i) the fees paid by guests to view the audiovisual content, and

    • (ii) the individual titles of the audiovisual works used during the quarter;
  • (b) for mature audience films,
    • (i) the fees paid by guests to view the films,

    • (ii) a list of individual titles of the films used during the quarter, indicating which films did not contain any work in respect of which a SOCAN licence is required, and

    • (iii) if a film does not contain any work in respect of which a SOCAN licence is required, documentation establishing that no such works were used; and
  • (c) for musical services,
    • (i) the fees paid by guests to use the service,

    • (ii) the revenues of the provider of the service, and

    • (iii) the Universal Product Code (UPC) and the International Standard Recording Code (ISRC) of the recordings used in providing the service.

Audits

4. SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify statements rendered and the fee payable by the licensee.

Uses Not Targeted in the Tariff

5. (1) This tariff does not apply to uses covered by other SOCAN tariffs, including Tariffs 17 and 22 and the SOCAN-NRCC Pay Audio Services Tariff.

(2) This tariff does not apply to Internet access services or to video games services.

Tariff No. 24

RINGTONES AND RINGBACKS (2006 to 2013)

For a licence to communicate to the public by telecommunication, at any time and as often as desired in the years 2006 to 2013, a ringtone or ringback for which a SOCAN licence is required, the royalty payable is as follows:

During the period January 1, 2006, to June 30, 2009: 6 per cent of the price paid by the subscriber for the supplied ringtone or ringback (on a subscription and/or per unit basis, as may be the case), net of any network usage fees, subject to a minimum royalty of 6¢ for each ringtone or ringback supplied during that period.

During the period July 1, 2009, to December 31, 2013: 5 per cent of the price paid by the subscriber for the supplied ringtone or ringback (on a subscription and/or per unit basis, as may be the case), net of any network usage fees, subject to a minimum royalty of 5¢ for each ringtone or ringback supplied during that period.

“ringtone” means a digital audio file that is played to indicate an incoming telephone call; (« sonnerie »)

“ringback” means a digital audio file that is heard by the calling party after dialing and prior to the call being answered at the receiving end. (« sonnerie d’attente »)

Royalties shall be due no later than 60 days after the end of each quarter. The payment shall be accompanied by a report showing, with respect to the relevant quarter,

  • (a) the total number of ringtones and ringbacks supplied;

  • (b) the total number of ringtones and ringbacks requiring a SOCAN licence supplied and the total amount payable by subscribers for those ringtones and ringbacks;

  • (c) with respect to each ringtone and ringback requiring a SOCAN licence,

    • (i) the total number of times the ringtone was supplied at a particular price, and

    • (ii) any other available information — such as the title of the work, the name of the author, the name of the performer, the Universal Product Code (UPC) and the International Standard Recording Code (ISRC) — that may help SOCAN determine the owner of copyright in the work used in the ringtone; and

  • (d) with respect to each ringtone and ringback not requiring a SOCAN licence, information that establishes why the licence was not required.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.