ARCHIVED — Vol. 147, No. 16 — April 20, 2013

COPYRIGHT BOARD

FILE: Reproduction of Sound Recordings

Proposed Statement of Royalties to Be Collected for the Reproduction of Sound Recordings, in Canada, in Connection with Over-the-Air Radio Broadcasting Operations, for the Years 2014 to 2016

In accordance with section 70.14 of the Copyright Act, the Copyright Board hereby publishes the statement of proposed royalties filed by AVLA Audio-Video Licensing Agency Inc. (AVLA) on April 2, 2013, with respect to royalties it proposes to collect, from the Canadian Broadcasting Corporation (CBC), effective on January 1, 2014, for the reproduction of sound recordings, in Canada, in connection with over-the-air radio broadcasting operations, for the years 2014 to 2016.

In accordance with the provisions of the same section, the Board hereby gives notice that prospective users or their representatives who wish to object to the statement may file written objections with the Board, at the address indicated below, within 60 days of the publication hereof, that is no later than June 19, 2013.

Ottawa, April 20, 2013

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)

STATEMENT OF ROYALTIES TO BE COLLECTED FROM THE CANADIAN BROADCASTING CORPORATION (CBC) BY AVLA AUDIO-VIDEO LICENSING AGENCY INC. (AVLA) FOR THE REPRODUCTION OF SOUND RECORDINGS, IN CANADA, IN CONNECTION WITH OVER-THE-AIR RADIO BROADCASTING OPERATIONS, FOR THE YEARS 2014 TO 2016

Short Title

1. This tariff may be cited as the AVLA CBC Radio Tariff, 2014-2016.

Application

2. This tariff sets the royalties to be paid by CBC, in connection with its over-the-air radio broadcasting operations, to reproduce in Canada published sound recordings in the repertoire of AVLA, including the performers’ performances embodied therein where AVLA administers the rights in those performers’ performances on behalf of the makers of, or other rights holders in, the sound recordings in which they are embodied.

3. This tariff does not authorize the use of any reproduction made pursuant to section 2 in association with a product, service, cause or institution.

Royalties

4. CBC shall pay, per month, on the first of each month, $65,000 to AVLA.

5. All royalties are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

Information on Repertoire Use

6. (1) No later than the 14th day of each month, CBC shall provide to AVLA the sequential lists of all musical works, or parts thereof, and published sound recordings embodying musical works, or parts thereof, broadcast by each of CBC’s conventional radio stations, as may be applicable, during the previous month. Each entry shall include the following information:

  • (a) the date of the broadcast;
  • (b) the time of the broadcast;
  • (c) the type of broadcast (e.g. local, regional);
  • (d) the title of the sound recording;
  • (e) the title of the album;
  • (f) the catalogue number of the album;
  • (g) the track number on the album;
  • (h) the name of the record label;
  • (i) the name of the author and composer;
  • (j) the name of all performers or the performing group;
  • (k) the duration of the sound recording broadcast, in minutes and seconds;
  • (l) the duration of the sound recording as listed on the album, in minutes and seconds;
  • (m) the Universal Product Code (UPC) of the album;
  • (n) the International Standard Recording Code (ISRC) of the sound recording;
  • (o) the type of usage (feature, theme, background, etc.);
  • (p) the name of the program, station (including call letters), and location of the station on which the sound recording was broadcast;
  • (q) whether the track is a published sound recording; and
  • (r) the cue sheets for all syndicated programming, inserted into the Excel report.

(2) The information set out in subsection (1) shall be provided electronically, in Excel format or in any other format agreed upon by AVLA and CBC, with a separate field for each piece of information required in paragraphs (1)(a) to (r).

Records and Audits

7. (1) CBC shall keep and preserve, for a period of six months after the end of the month to which they relate, records from which the information set out in subsection 6(1) can be readily ascertained.

(2) AVLA may audit these records at any time during the period set out in subsection (1), on reasonable notice and during normal business hours.

(3) AVLA shall, upon receipt, supply a copy of the report of the audit to CBC.

(4) If an audit discloses that royalties due have been understated in any month by more than 10 per cent, CBC shall pay the reasonable costs of the audit within 30 days of the demand for such payment.

Confidentiality

8. (1) Subject to subsections (2) and (3), AVLA shall treat in confidence information received pursuant to this tariff, unless CBC consents in writing to the information being treated otherwise.

(2) Information referred to in subsection (1) may be shared

  • (a) with any other collective society in Canada that has secured a certified tariff applicable to CBC;
  • (b) with the Copyright Board;
  • (c) in connection with proceedings before the Board, if CBC is first given the opportunity to request a confidentiality order;
  • (d) to the extent required to effect the distribution of royalties, with royalty claimants; or
  • (e) if ordered by law.

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

9. (1) If CBC discovers an error in a payment already made to AVLA, CBC shall notify AVLA of the error, and an appropriate adjustment shall be made to the next payment due following the notification. No adjustments to reduce the amount of royalties owed may be made in respect of an error discovered by CBC which occurred more than 12 months prior to its discovery and notification to AVLA.

(2) When an error is discovered by AVLA at any point in time, AVLA shall notify CBC and an appropriate adjustment shall be made to the next payment due following notification.

(3) The 12-month limit in subsection (1) shall not apply to an error discovered by AVLA, including without limitation an error discovered pursuant to subsection (2) or an underpayment discovered through an audit conducted pursuant to subsection 8(2).

Interest and Penalties on Late Payments and Reporting

10. (1) In the event that CBC does not pay the amount owed under section 4 or provide the information required by subsection 6(1) by the due date, CBC shall pay to AVLA interest calculated on the amount owed from the due date until the date both the amount and the report are received by AVLA. 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.

(2) In the event that CBC does not provide the sequential lists required by section 6 by the due date, CBC shall pay to AVLA a late fee of $50.00 per day from the due date until the date the sequential lists are received by AVLA.

Addresses for Notices, etc.

11. (1) Anything addressed to AVLA shall be sent to 85 Mowat Avenue, Toronto, Ontario M6K 3E3, email: radioreproduction@avla.ca, fax number: 416-967-9415, or to any other address, email address or fax number of which CBC has been notified in writing.

(2) Anything addressed to CBC shall be sent to the last address, email address or fax number of which AVLA has been notified in writing.

Delivery of Notices and Payments

12. (1) A notice may be delivered by hand, by postage-paid mail, by email or by fax. A payment must be delivered by hand or by postage-paid mail or by electronic bank transfer. Where payment is made by electronic bank transfer, the reporting required under subsection 6(1) shall be provided concurrently to AVLA by email.

(2) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed.

(3) Anything sent by fax or by email shall be presumed to have been received the day it was transmitted.