Vol. 151, No. 35 — September 2, 2017

COPYRIGHT BOARD

Statement of Royalties to Be Collected by Re:Sound for the Performance in Public or the Communication to the Public by Telecommunication, in Canada, of Published Sound Recordings Embodying Musical Works and Performers’ Performances of Such 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 Re:Sound Music Licensing Company (Re:Sound) for the performance in public or the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and performers’ performances of such works for the use of music to accompany live events (Tariff 5) for the years 2008 to 2015.

Ottawa, September 2, 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 RE:SOUND FOR THE PERFORMANCE IN PUBLIC OR THE COMMUNICATION TO THE PUBLIC BY TELECOMMUNICATION, IN CANADA, OF PUBLISHED SOUND RECORDINGS EMBODYING MUSICAL WORKS AND PERFORMERS’ PERFORMANCES OF SUCH WORKS FOR THE YEARS 2008-2015

Tariff No. 5

USE OF MUSIC TO ACCOMPANY LIVE EVENTS

GENERAL PROVISIONS
Short title

1. This tariff may be cited as the Re:Sound Live Events Tariff, 2008-2015.

Definitions

2. In this tariff,

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

Taxes

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

Records and Audits
Confidentiality
Adjustments

6. 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

7. 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.
Delivery of Notices and Payments
Transitional Provisions

10. Any amount owed as a result of this tariff shall be due on November 30, 2017.

11. Notwithstanding any reporting requirements otherwise set in this tariff, reports required for 2008 to 2015 shall be filed on or before November 30, 2017.

A. Live Entertainment in Cabarets, Cafes, Clubs, Restaurants, Roadhouses, Taverns and Similar Establishments, 2013-2015

Application
Royalties
Reporting Requirements

14. No later than January 31, a person subject to this tariff shall pay to Re:Sound the royalties owing for the previous year and shall provide a report of the compensation paid for entertainment during that previous year.

B. Receptions, Conventions, Assemblies and Fashion Shows, 2013-2015

Application

15. This tariff sets the royalties to be paid to Re:Sound for the years 2013 to 2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works as a part of events at receptions (including weddings), conventions, video game events, assemblies and fashion shows.

Royalties

16. 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

Fee per event with dancing

1–100

$9.25

$18.51

101–300

$13.30

$26.63

301–500

$27.76

$55.52

Over 500

$39.33

$78.66

Reporting Requirements

17. No later than thirty (30) days after the end of each quarter, an establishment subject to the tariff shall file with Re:Sound the payment for all events within that quarter and a report for that quarter including

C. Karaoke Bars and Similar Establishments, 2013-2015

Application

18. This tariff sets the royalties to be paid to Re:Sound for the years 2013-2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works by means of karaoke machines at karaoke bars and similar establishments.

Royalties

19. The annual fee shall be as follows:

Reporting Requirements

20. No later than January 31 of each year, a person subject to this tariff shall pay the applicable fee for that year to Re:Sound and report the number of days it operates with karaoke in a week.

D. Festivals, Exhibitions and Fairs, 2013-2014

Application
Royalties

22. (1) Where the total attendance (excluding exhibitors and staff and including attendance at any concerts or other separately ticketed events held as part of the festival, exhibition or fair) for the duration of the festival, exhibition or fair does not exceed 75 000 persons, the fee is calculated as follows:

Total attendance

Fee payable per day

Up to 25 000 persons

$8.39

25 001 to 50 000 persons

$21.78

50 001 to 75 000 persons

$42.05

(2) Where the total attendance (excluding exhibitors and staff and including attendance at any concerts or other separately ticketed events held as part of the festival, exhibition or fair) for the duration of the festival, exhibition or fair exceeds 75 000 persons, the fee is calculated as follows:

Total attendance

Fee payable per person

For the first 100 000 persons

0.54¢

For the next 100 000 person

0.24¢

For the next 300 000 persons

0.18¢

All additional persons

0.13¢

Reporting Requirements

D. Festivals, Exhibitions and Fairs, 2015

Application
Royalties

25. (1) The fees payable are calculated as follows, based on the average daily attendance (excluding exhibitors and staff and including attendance at any concerts or other separately ticketed events held as part of the festival, exhibition or fair):

Average daily attendance

Fee payable per day

Up to 5 000 persons

$8

5 001 to 10 000 persons

$18

10 001 to 20 000 persons

$36

20 001 to 30 000 persons

$60

30 001 to 50 000 persons

$96

50 001 to 75 000 persons

$150

75 001 to 100 000 persons

$210

100 001 to 150 000 persons

$300

150 001 to 200 000 persons

$420

Over 200 000 persons

$600

Reporting Requirements

26. (1) In the case of a festival, 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 in which the festival, exhibition or fair is held. A person subject to this tariff shall submit with the fee the figures for actual attendance for the previous year and the duration, in days, of the festival, exhibition or fair.

(2) In all other cases, a person subject to this tariff shall, within thirty (30) days of a festival’s, exhibition’s or fair’s closing, report its attendance and duration, in days, and submit the fee based on those figures.

(3) Where the reported attendance includes attendance at separately ticketed events held as part of the festival, exhibition or fair, a person subject to this tariff shall report the total attendance and provide a breakdown of the attendance at each separately ticketed event.

E. Circuses, Ice Shows, Fireworks Displays, Sound and Light Shows and Similar Events, 2013-2015

Application
Royalties
Reporting Requirements

F. Parades, 2013-2015

Application

30. This tariff sets the royalties to be paid to Re:Sound for the years 2013-2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works (“recorded music”) by floats participating in parades.

Royalties

31. The fee payable is $4.39 for each float with recorded music participating in the parade, subject to a minimum fee of $32.55 per day.

Reporting Requirements

G. Parks, Streets and Other Public Areas, 2013-2015

Application
Royalties
Reporting Requirements

H. Sport Events, 2008-2015

Application
Royalties

37. (1) The fee payable per event shall be as follows, as a percentage of gross receipts from ticket sales, exclusive of all taxes, including but not limited to sales and amusement taxes, and exclusive of all service charges, convenience fees and delivery fees on ticket sales that are charged to the ticket purchaser in addition to the face value ticket price:

Period

Percentage of gross receipts from ticket sales

2008

0.034%

2009

0.036%

2010

0.038%

2011

0.04%

2012

0.042%

2013

0.044%

2014

0.046%

2015

0.048%

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

(3) Where admission to a sporting event is free, a fee of $5 per event applies.

Reporting Requirements

I. Comedy and Magic Shows, 2008-2015

Application
Royalties

40. The fee payable per event is $14.64.

Reporting Requirements

J. Concerts, 2008-2015

Definitions

42. In this tariff,

“Capacity” means the maximum number of persons that can attend an event (seating and standing) based on the number of tickets that can be issued for the event (both free and paid) as reported in the event’s ticket manifest or other relevant document. Where no ticket manifest or other relevant document exists, capacity shall be determined as the maximum number of persons that can occupy the venue or attend the particular event, if and as applicable, as set by the venue’s liquor licence, or if a liquor licence has not been issued, any other document issued by a competent authority. In the case of an event for which capacity cannot be determined by any of the foregoing methods, such as a free, un-ticketed outdoor concert, the capacity is the total number of persons in attendance at the event, or if the number of attendees is not tracked, a good faith and reasonable estimate of the total number of persons in attendance at the event. (« capacité »)

Application
Royalties

44. The fee payable per event is 0.1558¢ multiplied by the capacity, subject to a minimum fee of $15 per event.

Reporting Requirements

K. Theatrical, Dance and Other Similar Live Performances, 2008-2015

Definitions

46. In this tariff,

“admission” includes all persons entitled to attend the event including free admissions; (« entrée »)

“event” means a single performance or show with a start and end time and a single location; (« événement »)

“incidental” means the use of sound recordings at an event for either less than ten per cent (10%) of the length of the event or for less than ten (10) minutes in total duration for the event, excluding intermissions and the entrance and exit of audiences before and after the event. (« accessoire »)

Application
Royalties
Reporting Requirements