Canada Gazette, Part I, Volume 154, Number 46: Tariff 1.C – Radio – Canadian Broadcasting Corporation (SOCAN: 2015-2018; Re:Sound: 2012-2019)
November 14, 2020
COPYRIGHT BOARD
Tariff 1.C – Radio – Canadian Broadcasting Corporation (SOCAN: 2015-2018; Re:Sound: 2012-2019)
Citation: 2020 CB 016-T
See also: CBC Radio Tariff (SOCAN: 2015-2018; Re:Sound: 2012-2019), 2020 CB 016
Published pursuant to section 70.1 of the Copyright Act
Lara Taylor
Secretary General
613‑952‑8621 (telephone)
registry-greffe@cb-cda.gc.ca (email)
TARIFF 1.C – RADIO – CANADIAN BROADCASTING CORPORATION (SOCAN: 2015-2018; RE:SOUND: 2012-2019)
Short Title
1. This tariff may be cited as the CBC Radio Tariff (SOCAN: 2015-2018; Re:Sound: 2012-2019).
Definitions
2. In this tariff,
- “device”
- means any device capable of receiving and playing a digital file of a musical work, including a computer, digital media player, cellular phone, smartphone, or tablet; (« appareil »)
- “month”
- means a calendar month; (« mois »)
- “simulcast”
- means the simultaneous, real-time communication of an over-the-air CBC radio broadcast 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. For example, the recipient cannot skip, pause, rewind or fast-forward the communication of a file or influence the content of the communication by indicating a preference for a musical genre, artist or sound recording; (« diffusion simultanée »)
Application
3. This tariff sets the royalties to be paid by the CBC for the communication to the public by telecommunication, in Canada, of musical and dramatico-musical works in the repertoire of SOCAN for the years 2015 to 2018 and of published sound recordings embodying musical works and performers’ performances of such works in the repertoire of Re:Sound for the years 2012-2019, by over-the-air radio broadcasting and simulcast by the radio networks and stations owned and operated by the CBC.
Royalties
4. (1) CBC shall pay, per month, on the first day of each month, the following amounts to SOCAN and Re:Sound for its over-the-air radio broadcasting and simulcasts in that month:
| YEAR | SOCAN | RE:SOUND |
|---|---|---|
| 2012 | n/a | $112,110.68 |
| 2013 | n/a | $113,399.95 |
| 2014 | n/a | $114,851.30 |
| 2015 | $144,406.60 | $117,140.57 |
| 2016 | $144,406.60 | $118,616.53 |
| 2017 | $144,406.60 | $119,802.70 |
| 2018 | $144,406.60 | $121,348.15 |
| 2019 | n/a | $121,348.15 |
(2) The royalties set in subsection (1) are exclusive of any applicable federal, provincial or other government taxes or levies of any kind.
Interest on Late Payments
5. 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.
Music Use Information
6. (1) Each month, CBC shall provide to both SOCAN and Re:Sound the sequential lists of all musical works, and published sound recordings embodying musical works, or parts thereof, broadcast during the previous month by each of CBC’s conventional radio services, as may be applicable. 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:
- (a) the date, time, duration of the broadcast of the musical work and sound recording, and the type of broadcast (e.g. local, regional);
- (b) the title of the sound recording and work and the name of its author, composer and arranger;
- (c) the type of usage (feature, theme, background, etc.);
- (d) the title and catalogue number of the album, the name of the main performer or performing group and the record label or maker that released the sound recording, and whether the track performed is a published sound recording;
- (e) the name of the program, station (including call letters) and location of the station on which the musical work or sound recording was broadcast; and
- (f) where possible, the International Standard Musical Work Code (ISWC) of the work, the Universal Product Code (UPC) of the album, the International Standard Recording Code (ISRC) of the sound recording, the names of all of the other performers (if applicable), the duration of the musical work and sound recording as listed on the album and the disc and track numbers on the album.
(2) The information set out in subsection (1) shall be provided electronically, in Excel format or in any other format agreed upon by SOCAN, Re:Sound and CBC, with a separate field for each piece of information required in paragraphs (a) to (f), no later than 15 days after the end of the month to which it relates.
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, email: radio@resound.ca, fax number 416‑962‑7797, or to any other address, email address or fax number of which the CBC has been notified in writing.
(2) Anything addressed to SOCAN shall be sent to 41 Valleybrook Drive, Toronto, Ontario M3B 2S6, email: licence@socan.com, fax number 416‑445‑7108, or to any other address, email address or fax number of which the CBC has been notified in writing.
(3) Anything addressed to the CBC shall be sent to 1400, René-Lévesque Boulevard, Montréal, Quebec H2L 2M2, email: servjur@radio-canada.ca, or to any other address, email address or fax number of which Re:Sound and SOCAN have been notified in writing.
(4) A notice may be delivered by hand, by postage-paid mail, by fax, by email or by file transfer protocol (FTP). A payment may be made by credit card or by electronic bank transfer (EBT), or be delivered by hand or by postage-paid mail. Where a payment is made by EBT, the associated reporting shall be provided concurrently to Re:Sound and SOCAN by email.
(5) The information set out in subsection 6(1) shall be sent by email.
(6) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed. Anything sent by fax, email, by FTP or by EBT shall be presumed to have been received the day it was transmitted.
Transitional Provisions
8. Royalties owed on or before December 1, 2020, as a result of differences between this tariff and, in the case of Re:Sound, the SOCAN-Re:Sound CBC Radio Tariff, 2006-2011, and, in the case of SOCAN, the SOCAN CBC Radio Tariff, 2012-2014, shall be due on February 1, 2021, and shall be increased by using the multiplying interest factors (based on the Bank Rate) set out in the following table with respect to each period.
| 2012 |
2013 |
2014 |
2015 |
2016 |
2017 |
2018 |
2019 |
2020 |
|
|---|---|---|---|---|---|---|---|---|---|
| January |
1.1127 |
1.0989 |
1.0852 |
1.0718 |
1.0622 |
1.0543 |
1.0443 |
1.0272 |
1.0069 |
| February |
1.1115 |
1.0977 |
1.0841 |
1.0707 |
1.0615 |
1.0536 |
1.0431 |
1.0255 |
1.0052 |
| March |
1.1104 |
1.0966 |
1.0830 |
1.0698 |
1.0609 |
1.0529 |
1.0418 |
1.0238 |
1.0035 |
| April |
1.1092 |
1.0954 |
1.0818 |
1.0689 |
1.0602 |
1.0523 |
1.0405 |
1.0221 |
1.0025 |
| May |
1.1081 |
1.0943 |
1.0807 |
1.0680 |
1.0595 |
1.0516 |
1.0392 |
1.0204 |
1.0021 |
| June |
1.1069 |
1.0932 |
1.0796 |
1.0672 |
1.0589 |
1.0510 |
1.0379 |
1.0187 |
1.0017 |
| July |
1.1058 |
1.0920 |
1.0785 |
1.0663 |
1.0582 |
1.0503 |
1.0366 |
1.0170 |
1.0013 |
| August |
1.1046 |
1.0909 |
1.0773 |
1.0655 |
1.0576 |
1.0495 |
1.0352 |
1.0153 |
1.0008 |
| September |
1.1035 |
1.0898 |
1.0762 |
1.0648 |
1.0569 |
1.0486 |
1.0337 |
1.0136 |
1.0004 |
| October |
1.1023 |
1.0886 |
1.0751 |
1.0642 |
1.0562 |
1.0476 |
1.0322 |
1.0119 |
1.0000 |
| November |
1.1012 |
1.0875 |
1.0740 |
1.0635 |
1.0556 |
1.0465 |
1.0306 |
1.0102 |
n/a |
| December |
1.1000 |
1.0864 |
1.0729 |
1.0628 |
1.0549 |
1.0454 |
1.0289 |
1.0085 |
n/a |