Vol. 151, No. 20 — May 20, 2017

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:

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)

TARIFFS 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, 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.

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. 13

PUBLIC CONVEYANCES
A. Aircraft (2011-2014)

For a licence to perform in an aircraft, by means of recorded music, at any time and as often as desired in 2011 to 2014, 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 of each year.

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.

A. Aircraft (2015-2017)

For a licence to perform in an aircraft, by means of recorded music (including music in audiovisual programming), at any time and as often as desired in the years 2015 to 2017, any or all of the works in SOCAN’s repertoire, the annual fee payable for each aircraft owned or operated by the licensee is calculated as follows:

  1. Music while on the ground: $2.32 per seat for each aircraft in service during the year, prorated to the number of days in which the aircraft is in service during the year.
  2. Music as part of in-flight programming: $5.49 per seat for each aircraft in service during the year, prorated to the number of days in which the aircraft is in service during the year.

Where fees for an aircraft are paid under Tariff 13.A.2, no fees are payable for that aircraft under Tariff 13.A.1.

For the purpose of this Tariff, an aircraft is not “in service” if it is no longer owned, leased or under contract by the licensee or during any period of 15 consecutive days or more that it has not been used to carry the licensee’s passengers due to maintenance necessary for regulatory compliance.

The licensee shall estimate the fee payable for the year for which the licence is issued, based on the total seating capacity of all aircraft owned or operated by it during the previous year, and shall pay such estimated fee to SOCAN on or before January 31 of the year for which the licence is issued. Payment of the fee shall be accompanied by the report required in the next paragraph.

On or before January 31, a report shall be provided showing the number of aircraft operated by the licensee during the preceding year, as well as, for each aircraft, its seating capacity, the dates of any period of 15 consecutive days or more that it was not used to carry the licensee’s passengers due to maintenance necessary for regulatory compliance, and the applicable Tariff 13.A item (13.A.1 or 13.A.2). Any adjustment of the licence fee payable to SOCAN from the estimated amount previously paid shall be made and any additional fees due on the basis of the actual seating capacity shall be paid at that time. If the fee due is less than the estimated amount previously 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.