Vol. 151, No. 24 — June 17, 2017

COPYRIGHT BOARD

FILE: Reproduction of Performers’ Performances

Statement of Proposed Royalties to Be Collected for the Reproduction of Performers’ Performances Made by the Canadian Broadcasting Corporation (CBC), in Canada, in Connection with its Over-The-Air Radio Broadcasting, its Simulcasting of an Over-The-Air Radio Signal and its Webcasting Activities on its Webradios; by Pay Audio Services; by Satellite Radio Services; and by Commercial Radio Stations

In accordance with section 70.14 of the Copyright Act, the Copyright Board hereby publishes the statement of proposed royalties filed by Artisti, on March 28, 29, 30 and 31, 2017, with respect to royalties it proposes to collect, effective January 1, 2018, for the reproduction, in Canada, of performers’ performances made by CBC in connection with its over-the-air radio broadcasting, its simulcasting of an over-the-air radio signal and its webcasting activities on its webradios for the years 2018 to 2020, by Pay Audio Services for the years 2018 to 2020, by Satellite Radio Services for the years 2018 to 2020, and by Commercial Radio Stations for the year 2018.

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 August 16, 2017.

Ottawa, June 17, 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)

STATEMENT OF ROYALTIES TO BE COLLECTED BY ARTISTI FOR THE REPRODUCTION OF PERFORMERS’ PERFORMANCES MADE BY THE CANADIAN BROADCASTING CORPORATION (CBC), IN CANADA, IN CONNECTION WITH ITS OVER-THE-AIR RADIO BROADCASTING, ITS SIMULCASTING OF AN OVER-THE-AIR RADIO SIGNAL AND ITS WEBCASTING ACTIVITIES ON ITS WEBRADIOS, FOR THE YEARS 2018 TO 2020

Short Title

1. This tariff may be cited as the Artisti-CBC Tariff, 2018-2020.

Application

2. This tariff sets the royalties to be paid by the Canadian Broadcasting Corporation (CBC), for the reproduction that it makes, in Canada, of the performers’ performances in the repertoire of Artisti, in connection with its over-the-air radio broadcasting, its simulcasting of an over-the-air radio signal and its webcasting activities on its webradios.

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. The Canadian Broadcasting Corporation (CBC) shall pay, per month, on the first day of each month, twenty-six thousand dollars ($26,000) to Artisti.

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

Information on Repertoire Use

6. (1) Each month, the Canadian Broadcasting Corporation (CBC) shall provide to Artisti the sequential list of all works (or parts of works) and sound recordings (or parts of sound recordings) broadcasted, simulcasted or webcasted during the reference month, including the information set out below:

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

Records and Audits

7. (1) The Canadian Broadcasting Corporation (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) Artisti may audit these records at any time during the period set out in subsection (1), on reasonable notice and during normal business hours.

(3) Artisti shall, upon receipt, supply a copy of the report of the audit to the Canadian Broadcasting Corporation (CBC).

Confidentiality

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

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

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

9. (1) If the Canadian Broadcasting Corporation (CBC) discovers an error in a payment already made to Artisti under this tariff, the Canadian Broadcasting Corporation (CBC) shall notify Artisti 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 the Canadian Broadcasting Corporation (CBC) which occurred more than 12 months prior to its discovery and notification to Artisti.

(2) When an error is discovered by Artisti at any point in time, Artisti shall notify the Canadian Broadcasting Corporation (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 Artisti, including without limitation an error discovered pursuant to subsection (2).

Interest and Penalties on Late Payments and Reporting

10. (1) In the event that the Canadian Broadcasting Corporation (CBC) does not pay the amount owed under this tariff, the Canadian Broadcasting Corporation (CBC) shall pay to Artisti interest calculated on the amount owed from the due date until the date the amount is received by Artisti. 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 the Canadian Broadcasting Corporation (CBC) does not provide the sequential lists required by section 6 by the due date, the Canadian Broadcasting Corporation (CBC) shall pay to Artisti a late fee of $50.00 per day from the due date until the date the sequential lists are received by Artisti.

Addresses for Notices, etc.

11. (1) Anything addressed to Artisti shall be sent to 5445 De Gaspé Avenue, Suite 1005, Montréal, Quebec H2T 3B2, email: radioreproductionsrc@artisti.ca, fax number: 514-288-7875, or to any other address, email address or fax number of which the Canadian Broadcasting Corporation (CBC) has been notified in writing.

(2) Anything addressed to the Canadian Broadcasting Corporation (CBC) shall be sent to the last address, email address or fax number of which Artisti 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, 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 Artisti 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.

STATEMENT OF PROPOSED ROYALTIES TO BE COLLECTED BY ARTISTI FOR THE REPRODUCTION, IN CANADA, OF PERFORMERS’ PERFORMANCES BY PAY AUDIO SERVICES FOR THE YEARS 2018 TO 2020

Short Title

1. This tariff may be cited as the Artisti Pay Audio Services Tariff, 2018-2020.

Definitions

2. In this tariff,

“affiliation payments” means the total amounts payable by a distribution undertaking to a programming undertaking for all programming and services provided by the programming undertaking, without deduction; (« paiements d’affiliation »)

“device” means any device capable of receiving and playing a file, including a computer, digital media player, cellular phone, smartphone, or tablet; (« appareil »)

“distribution undertaking” means a distribution undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11, as amended; (« entreprise de distribution »)

“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 remuneration or that the performances that are embedded within it fall within the repertoire of Artisti; (« fichier »)

“month” calendar month; (« mois »)

“pay audio signal” includes all programming and services supplied by a programming undertaking, whether or not for a fee and whether or not licenced by the CRTC as a pay audio service; (« signal sonore payant »)

“Performer’s performance” means a performance that has been fixed with the consent of the performer; (« prestation »)

“premises” has the meaning attributed to it in section 2 of the Regulations, which currently reads: “‘premises’ means (a) a dwelling, including a single-unit residence or a single unit within a multiple-unit residence, or (b) a room in a commercial or institutional building;” (« local »)

“programming undertaking” means a programming undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11; (« entreprise de programmation »)

“Regulations” means 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); (« Règlement »)

“service area” has the meaning attributed to it in section 2 of the Regulations, which currently reads: “service area” means an area in which premises served in accordance with the laws and regulations of Canada by a cable transmission system are located;” (« zone de service »)

“service provider” means a professional service provider from which Artisti may retain services for the purpose of conducting an audit or for the distribution of royalties to right holders; (« prestataires de services »)

“signal” means a television or audio signal, other than a signal within the meaning of subsection 31(1) of the Copyright Act, retransmitted in accordance with subsection 31(2) of the Copyright Act; (« signal »)

“simulcast” means the simultaneous communication of an over-the-air pay audio signal to which this tariff applies, via the Internet or another digital network, to a device, which is identical to the original signal and over which the recipient exercises no control over the content or the timing of the communication; (« diffusion simultanée »)

“Small cable transmission system” has the meaning attributed to it in sections 3 and 4 of the Regulations, which currently read: “3. (1) Subject to subsections (2) to (4) and section 4, ‘small cable transmission system’ means a cable transmission system that transmits a signal, with or without a fee, to not more than 2 000 premises in the same service area.

(2) For the purpose of subsection (1), where a cable transmission system is included in the same unit as one or more other cable transmission systems, the number of premises to which the cable transmission system transmits a signal is deemed to be equal to the total number of premises to which all cable transmission systems included in that unit transmit a signal. (3) For the purpose of subsection (2), a cable transmission system is included in the same unit as one or more other cable transmission systems where (a) they are owned or directly or indirectly controlled by the same person or group of persons; and (b) their service areas are each less than 5 km distant, at some point, from at least one other among them, and those service areas would constitute a series of contiguous service areas, in a linear or non-linear configuration, were it not for that distance. (4) Subsection (2) does not apply to a cable transmission system that was included in a unit on December 31, 1993. 4. The definition set out in subsection 3(1) does not include a cable transmission system that is a master antenna system located within the service area of another cable transmission system that transmits a signal, with or without a fee, to more than 2 000 premises in that service area;” (« petit système de transmission par fil »)

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

Application

3. (1) This tariff sets the royalties to be paid for the reproduction, in Canada, of performers’ performances that fall within Artisti’s repertoire in connection with the transmission by a distribution undertaking of a pay audio signal or simulcast.

(2) This tariff also authorizes a person to reproduce a performer’s performance for the purpose of delivering it to a distribution undertaking for use in one of the ways permitted under subsection (1).

(3) This tariff does not authorize the use of any reproduction made pursuant to subsection (1) in association with a product, service, cause or institution.

Royalties

4. (1) Except as provided in subsection (2), the royalties payable each month to Artisti are 5 per cent of the affiliation payments payable for that month by a distribution undertaking.

(2) The royalties payable to Artisti each year where the distribution undertaking is

(3) All royalties payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

Dates of Payments

5. (1) Royalties payable pursuant to subsection 4(1) shall be due on the last day of the month following the month for which the royalties are being paid.

(2) Royalties payable pursuant to subsection 4(2) shall be due on January 31 of the year following the year for which the royalties are being paid.

Reporting Requirements

6. (1) A programming undertaking that makes a payment shall provide with its payment, for the relevant period and with respect to each distribution undertaking to which it supplied a pay audio signal,

(2) A distribution undertaking that makes a payment shall provide with its payment, for the relevant period and with respect to each programming undertaking from which it purchased a signal,

(3) The following information shall also be provided with respect to any system for which royalties are being paid pursuant to subsection 4(2):

(4) Notwithstanding subsections (1), (2) and (3) above, no later than March 31 of each year, a programming undertaking shall provide Artisti with the name of each distribution undertaking to which it supplied a pay audio signal or simulcast for private or domestic use in the previous year. A programming undertaking shall be relieved of this obligation if it has already provided the name of each such distribution undertaking pursuant to its obligations under subsection (1). The programming undertaking shall also indicate who (the programming undertaking or the distribution undertaking) is responsible for paying royalties under this tariff for each distribution undertaking listed.

Sound Recording Use Information

7. (1) No later than the fourteenth day of each month, a programming undertaking shall provide to Artisti the full sequential lists of all published sound recordings embodying musical works or parts thereof, played on each pay audio signal during each day of the previous month. For greater clarity, sequential list reporting requires full music use reporting for each day of the month, for 365 days per year. Each entry shall include the following information:

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

Records and Audits

8. (1) A programming undertaking 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 section 7 can be readily ascertained.

(2) Both the distribution undertaking and the programming undertaking shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which a distribution undertaking’s affiliation payments to the programming undertaking can be readily ascertained, including the information required under section 6.

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

(4) Artisti shall, upon receipt, supply a copy of the report of the audit to the undertaking that was the subject of the audit and to any other Canadian collective society with a tariff applicable to pay audio services.

(5) If an audit discloses that royalties due to Artisti have been understated in any month by more than 10 per cent, the undertaking that was audited shall pay the reasonable costs of the audit 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

9. (1) Subject to subsections (2) and (3), information received from an undertaking pursuant to this tariff shall be treated in confidence, unless the undertaking who supplied the information consents in writing to the information being treated otherwise.

(2) Information received from an undertaking pursuant to this tariff may be shared

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

Adjustments

10. 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. Excess payments by an undertaking are not subject to interest.

Interest and Fees on Late Payments and Reporting

11. (1) In the event that an undertaking does not pay the amounts owed under sections 4 and 5 or provide the reporting required under section 6 by the due date, the undertaking shall pay to Artisti interest calculated on the amount payable for the relevant period from the due date until the date both the amount and the report are 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.

(2) In the event that an undertaking does not provide the music use reporting required by section 7 within seven days of the due date, upon written notice by Artisti, the undertaking shall pay to Artisti a late fee based on the number of days from the due date to the date the reporting is received, of

Addresses for Notices, etc.

12. (1) Anything that an undertaking sends to Artisti shall be sent to 5445 De Gaspé Avenue, Suite 1005, Montréal, Québec H2T 3B2, email: radiorepro.ssp@artisti.ca, fax number: 514-288-7875, or to any other address, email or fax number of which the undertaking has been notified in writing.

(2) Anything that Artisti sends to an undertaking shall be sent to the last address, email or fax number of which Artisti has been notified in writing.

Delivery of Notices and Payments

13. (1) A notice may be delivered by hand, by postage-paid mail, by email, by fax or by file transfer protocol (FTP). A payment may be delivered by hand, by postage-paid mail or by electronic bank transfer (EBT), provided that the associated reporting is provided concurrently to Artisti 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 is transmitted.

STATEMENT OF ROYALTIES TO BE COLLECTED FROM MULTI-CHANNEL SUBSCRIPTION SATELLITE RADIO SERVICES BY ARTISTI FOR THE REPRODUCTION, IN CANADA, OF PERFORMERS’ PERFORMANCES FOR THE YEARS 2018 TO 2020

Short Title

1. This tariff may be cited as the Artisti Satellite Radio Services Tariff, 2018-2020.

Definitions

2. In this tariff,

“number of subscribers” means the average number of subscribers during the reference month; (« nombre d’abonnés »)

“performers’s performance” means a performer’s performance that has been fixed with the authorization of the performer; (« prestation »)

“reference month” means the second month before the month for which royalties are being paid; (« mois de référence »)

“service” means a multi-channel subscription satellite radio service licensed by the Canadian Radio-television and Telecommunications Commission as well as any similar service distributed in Canada; (« service »)

“service provider” means a professional service provider which may be retained by Artisti to assist in the conduct of an audit or in the distribution of royalties to rights holders; (« prestataire de services »)

“service revenues” means the amounts paid by subscribers for a service, advertising revenues, revenues for the product placement, promotion and sponsorship, net revenues from the sale of goods or services including the hardware and accessories used in the reception of the service and commissions on third-party transactions. This includes activation and termination fees as well as membership, subscription and other access and administrative fees. It excludes advertising agency fees and revenue accruing from any business that is not a necessary adjunct to the distribution of the service or the use of the service’s broadcasting facilities; (« recettes du service »)

“subscriber” means a person who is authorized to receive in Canada one or more signals offered by a service, whether for free or for valuable consideration, excluding a commercial subscriber; (« abonné »)

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

Application

3. (1) This tariff sets the royalties to be paid each month by a service to reproduce in Canada performers’ performances in the repertoire of Artisti and to authorize the reproduction of such performances in Canada, including the reproduction of performers’ performances by subscribers for their personal use, the whole, in connection with the operation of the service, for direct reception by subscribers for their private use.

(2) This tariff does not authorize

(3) This tariff does not apply to uses covered by other tariffs.

Royalties

4. A service shall pay to Artisti the following percentages of its service revenues for the reference month:

Reporting Requirements

5. No later than on the first day of the month, a service shall pay the royalties for that month and shall provide for the reference month,

Performers’ performances Use Information

6. (1) No later than the 14th day of each month, a station shall provide to Artisti full sequential lists of all published sound recordings embodying musical works or parts thereof and embodying performers’ performances, broadcast during each day of the previous month. Each entry shall include the following information:

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

Records and Audits

7. (1) A service 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 section 6 can be readily ascertained.

(2) 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 information set out in section 5 can be readily ascertained.

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

(4) Artisti shall, upon receipt, supply a copy of the report of the audit to the service that was the object of the audit.

(5) If an audit discloses that royalties due to Artisti have been understated in any month by more than ten per cent, the service shall pay the amount of the understatement and the reasonable costs of the audit within 30 days of the demand for such payment.

Confidentiality

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

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

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

Adjustments

9. Adjustments in the amount of royalties owed (including excess payments), as a result of discovering an error or otherwise, shall be made on the date the next royalty payment is due. Excess payments by a service are not subject to interest.

Interest and Late fees

10. (1) 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.

(2) In the event that a service does not provide the music use reporting required by subsection 6(1) within seven days of the due date, upon written notice by Artisti, the service shall pay to Artisti a late fee based on the number of days from the due date to the date the reporting is received by Artisti of

Addresses for Notices, etc.

11. (1) Anything addressed to Artisti shall be sent to 5445 De Gaspé Avenue, Suite 1005, Montréal, Québec, H2T 3B2, email: radioreprosat@artisti.ca, fax number: 514-288-7875, or to any other address, email address or fax number of which the service has been notified.

(2) Anything addressed to a service shall be sent to the last address or fax number of which the society has been notified.

Delivery of Notices and Payments

12. (1) Subject to subsection (2), a notice may be delivered by hand, by postage-paid mail, by fax, by email or by file transfer protocol (FTP). A payment shall be delivered by hand, by postage-paid mail or by electronic bank transfer, provided that the associated reporting is provided concurrently to Artisti by email.

(2) Information provided pursuant to sections 5 and 6 shall be delivered 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 electronic bank transfer shall be presumed to have been received on the day it is transmitted.

STATEMENT OF ROYALTIES TO BE COLLECTED FROM COMMERCIAL RADIO STATIONS BY ARTISTI FOR THE REPRODUCTION, IN CANADA, OF PERFORMERS’ PERFORMANCES FOR THE YEAR 2018

Short Title

1. This tariff may be cited as the Artisti Commercial Radio Tariff, 2018.

Definitions

2. In this tariff,

Act” means the Copyright Act; (« Loi »)

“gross income” means the gross amounts paid by any person for the use of one or more broadcasting services or facilities provided by a station’s operator, including the value of any goods or services provided by any person in exchange for the use of such services or facilities, and the fair market value of non-monetary consideration (e.g. barter or “contra”), but excluding the following:

“low-use station (sound recordings)” means a station that

“month” means a calendar month; (« mois »)

“performer’s performance” means a performer’s performance that has been fixed with the authorization of the performer; (« prestation »)

“production music” means music used in interstitial programming such as commercials, public service announcements and jingles; (« musique de production »)

“reference month” means the second month before the month for which royalties are being paid; (« mois de référence »)

“service provider” means a professional service provider that may be retained by Artisti to assist in the conduct of an audit or in the distribution of royalties to rights holders; (« prestataire de services »)

“simulcast” means the simultaneous, unaltered, real-time streaming of the over-the-air broadcast signal of the station, or of another station that is part of the same network as the station, via the Internet or other similar digital network; (« diffusion simultanée »)

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

Application

3. (1) This tariff sets the royalties to be paid each month by commercial radio stations to reproduce in Canada performers’ performances in the repertoire of Artisti in connection with the over-the-air broadcasting operations of a station or in connection with a simulcast.

(2) This tariff also entitles a station to authorize a person to reproduce a performer’s performance for the purpose of delivering it to the station, so that the station can use it as permitted in subsection (1).

(3) This tariff does not authorize the use of any reproduction made pursuant to subsection (1) in association with a product, service, cause or institution.

Royalties

4. A low-use station (sound recordings) shall pay, on its gross income for the reference month,

  Artisti

on the first $625,000 gross income
in a year

0.008%

on the next $625,000 gross income
in a year

0.016%

on the rest

0.027%

5. Except as provided in section 4, a station shall pay, on its gross income for the reference month,

  Artisti

on the first $625,000 gross income
in a year

0.019%

on the next $625,000 gross income
in a year

0.037%

on the rest

0.076%

6. All royalties payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

Administrative Provisions

7. No later than the first day of each month, a station shall

8. At any time during the period set out in subsection 10(2), Artisti may require the production of any contract granting rights referred to in paragraph (c) of the definition of “gross income”, together with the billing or correspondence relating to the use of these rights by other parties.

Information on Repertoire Use

9. (1) Each entry provided under paragraph 7(1)(d) shall include the following information, where available:

(2) The information set out in subsection (1) shall be provided in electronic format (Excel format or any other format agreed upon by Artisti and the station) where possible, 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.

(3) For certainty, the use of the expression “where available” in subsection (1) means that all the listed information in the station’s possession or control, regardless of the form or the way in which it was obtained, must mandatorily be provided to Artisti.

Records and Audits

10. (1) A station 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 9(1) can be readily ascertained.

(2) A station shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the station’s gross income can be readily ascertained.

(3) Artisti may audit the records referred to in subsections (1) and (2) at any time during the period set out therein, on reasonable notice and during normal business hours. Artisti shall, upon receipt, supply a copy of the report of the audit to the station that was the object of the audit and to any other collective society that has a commercial radio tariff.

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

Confidentiality

11. (1) Subject to subsections (2), (3) and (4), information received from a station pursuant to this tariff shall be treated in confidence, unless the station that supplied the information consents in writing and in advance to each proposed disclosure of the information.

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

(3) Where confidential information is shared with service providers as per paragraph (2)(a), those service providers shall sign a confidentiality agreement which shall be shared with the affected station prior to the release of the information.

(4) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than the station that supplied the information and who is not under an apparent duty of confidentiality to that station with respect to the supplied information.

Adjustments

12. 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.

Interest on Late Payments

13. 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.

Addresses for Notices, etc.

14. (1) Anything addressed to Artisti shall be sent to 5445 De Gaspé Avenue, Suite 1005, Montréal, Quebec H2T 3B2, email: radiorepro@artisti.ca, fax number: 514-288-7875, or to any other address, email address or fax number of which a station has been notified in writing.

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

Delivery of Notices and Payments

15. (1) A notice may be delivered by file transfer protocol (FTP), by hand, by postage-paid mail, by email or by fax. A payment must be delivered by hand, by postage-paid mail, or by electronic bank transfer (EBT), provided that the associated reporting is provided concurrently to Artisti by email.

(3) Information set out in sections 7 and 9 shall be sent by email.

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

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