Canada Gazette, Part I, Volume 152, Number 49: Statement of Royalties to Be Collected for the Public Performance of Musical or Dramatico-Musical Works

December 8, 2018

COPYRIGHT BOARD

Statement of Royalties to Be Collected for the Public Performance 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, in Canada, of musical or dramatico-musical works in recreational facilities operated by a municipality, school, college, university, agricultural society or similar community organizations (Tariff 21) for the years 2013 to 2020.

Ottawa, December 8, 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)

Tariff No. 21

TARIFF OF ROYALTIES TO BE COLLECTED BY THE SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA (SOCAN) FOR THE PUBLIC PERFORMANCE, IN CANADA, OF MUSICAL OR DRAMATICO-MUSICAL WORKS IN RECREATIONAL FACILITIES OPERATED BY A MUNICIPALITY, SCHOOL, COLLEGE, UNIVERSITY, AGRICULTURAL SOCIETY OR SIMILAR COMMUNITY ORGANIZATIONS FOR THE YEARS 2013 TO 2020

General Provisions

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

As used in this tariff, the terms "licence," and "licence to perform" mean a licence to perform in public or to authorize the performance in public.

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.

Definition

For greater certainty, "gross revenue" means only the gross revenues of the operator of the recreational facility subject to the present tariff and includes facility rental and event revenues, which are any revenue generated by the rental or use of the facility, including admission charges, ticket sales, food and beverage sales, advertising, product placement, promotion, or sponsorship.

Licence

This licence permits the performance, at any time and as often as desired in the years 2013 to 2020, of any or all of the works in SOCAN's repertoire, in a recreational facility operated by a municipality, school, college, university, agricultural society or similar community organizations, during recreational activities that would otherwise be subject to Tariff 5.A (Exhibitions and Fairs), Tariff 7 (Skating Rinks), Tariff 8 (Receptions, Conventions, Assemblies and Fashion Shows), Tariff 9 (Sports Events, including minor hockey, figure skating, roller skating, ice skating, youth figure skating, carnivals, and amateur rodeos), Tariff 11.A (Circuses, Ice Shows, etc.) or Tariff 19 (Fitness Activities and Dance Instruction).

The annual fee payable for each facility is as follows:

Payment of this fee shall be made on or before January 31 of the year covered by the licence. On or before January 31 of the following year, a report shall be submitted to SOCAN confirming that the licensee's gross revenue from the events covered by this tariff during the year does not exceed $15,422.88 in 2013 or $17,500 in 2015, 2016, 2017, 2018, 2019 and 2020.

A facility paying under this tariff is not required to pay under Tariff 5.A, 7, 8, 9, 11.A or 19 for the events covered in this tariff.

This tariff does not cover the use of works expressly covered in tariffs other than Tariff 5.A, 7, 8, 9, 11.A or 19.

Except for 2014, 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.

Transitional Provisions

Any information that an operator must provide pursuant to this licence with respect to 2013 and 2015 to 2018 shall be provided no later than March 1, 2019.

SOCAN shall account for any royalties an operator has already paid. Royalties payable pursuant to this licence with respect to 2013 to 2018 are due on March 1, 2019.