Canada Gazette, Part I, Volume 152, Number 27: 

July 7, 2018

COPYRIGHT BOARD

Statement of Royalties to Be Collected for the Communication to the Public by Telecommunication 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 communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and performers’ performances of such works from non-commercial radio stations other than the Canadian Broadcasting Corporation (Tariff 1.B) for the years 1998 to 2021.

Ottawa, July 7, 2018

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 COMMUNICATION TO THE PUBLIC BY TELECOMMUNICATION, IN CANADA, OF PUBLISHED SOUND RECORDINGS EMBODYING MUSICAL WORKS AND PERFORMERS’ PERFORMANCES OF SUCH WORKS FOR THE YEARS 1998 TO 2021

Tariff No. 1

RADIO

B. Non-Commercial Radio Other than the Canadian Broadcasting Corporation

Short Title

1. This tariff may be cited as the Re:Sound Non-Commercial Radio Tariff, 1998-2021.

Definitions

2. In this tariff,

“non-commercial radio station” means any radio station that transmits in analog or digital mode, whether in the A.M. or F.M. frequency band or in any other range assigned by the Minister under section 5 of the Radiocommunication Act other than a Canadian Broadcasting Corporation radio station, that is owned and operated by a not-for-profit organization, including any campus station, community station, native station, or ethnic station owned and operated by a not-for-profit organization, whether or not any part of the station’s gross operating costs is funded by advertising revenues, and whether or not the station is licensed by the Canadian Radio-television and Telecommunications Commission; (« station de radio non commerciale »)

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

Application

3. (1) This tariff sets the royalties to be paid to Re:Sound by non-commercial radio stations for the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and performers’ performances of such works, by over-the-air radio broadcasting, for the years 1998 to 2021.

(2) This tariff does not apply to a communication to the public by telecommunication of sound recordings to end-users via the Internet or another digital network, to a device including computers, digital media players, cellular phones, smartphones and tablets. For greater certainty, this tariff does not apply to simulcasts, non-interactive webcasts or semi-interactive webcasts by non-commercial radio stations, which are subject to Re:Sound Tariff 8.

(3) This tariff does not apply to a communication to the public by telecommunication that is subject to another Re:Sound tariff, including Re:Sound Tariffs 1.A, 1.C and 8.

Royalties

4. (1) The royalties payable to Re:Sound by a non- commercial radio station in respect of each year shall be $100.

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

Payments and Reporting

5. No later than January 1 of each year, a non-commercial radio station shall pay the fee owing for that year.

Interest on Late Payments

6. 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.

Delivery of Notices and Payments

7. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, fax number: 416-962-7797, email: radio@resound.ca, or to any other address, email address or fax number of which the non-commercial radio station has been notified in writing.

(2) Anything addressed to a non-commercial radio station shall be sent to the last address, email address or fax number of which Re:Sound has been notified in writing.

(3) 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). Where a payment is delivered by EBT, the associated reporting shall be provided concurrently to Re:Sound by email.

(4) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed. Anything sent by fax, by email, by FTP or by EBT shall be presumed to have been received the day it was transmitted.