Canada Gazette, Part I, Volume 157, Number 27: SUPPLEMENT 2

July 8, 2023

SUPPLEMENT Vol. 157, No. 27

Canada Gazette

Part I

OTTAWA, Saturday, July 8, 2023

COPYRIGHT BOARD

SOCAN Tariff 23 – Hotel and Motel In-Room Services (2018-2024)

Citation: 2023 CB 2-T
See also: SOCAN Tariff 23 (2018-2024), 2023 CB 2

Published pursuant to section 70.1 of the Copyright Act

Lara Taylor
Secretary General
1‑833‑860‑7131 (toll-free number)
registry-greffe@cb-cda.gc.ca (email)

SOCAN TARIFF 23 – HOTEL AND MOTEL IN-ROOM SERVICES (2018-2024)

Definition

In this tariff, “mature audience film” means an audiovisual work that has sexual activity as its primary component and that is separately marketed as adult entertainment.

Royalties

For the communication to the public by telecommunication, at any time and as often as desired in the years 2018 to 2024, of any or all of the works in SOCAN’s repertoire, by means of hotel or motel in-room audiovisual or musical services, the royalties payable shall be

• (a) 1.25% of the fees paid by guests to view audiovisual works other than mature audience films;
• (b) 0.3125% of the fees paid by guests to view mature audience films containing any work in respect of which a SOCAN licence is required; and
• (c) 5.5% of the revenues of the provider of any musical service.

Terms and Conditions

Royalties shall be due no later than 60 days after the end of each quarter. The payment shall be accompanied by a report showing, with respect to the relevant quarter,

• (a) for audiovisual works other than mature audience films,
  • (i) the fees paid by guests to view the audiovisual content, and
  • (ii) the individual titles of the audiovisual works used during the quarter;
• (b) for mature audience films,
  • (i) the fees paid by guests to view the films,
  • (ii) a list of individual titles of the films used during the quarter, indicating which films did not contain any work in respect of which a SOCAN licence is required, and
  • (iii) if a film does not contain any work in respect of which a SOCAN licence is required, documentation establishing that no such works were used; and
• (c) for musical services,
  • (i) the fees paid by guests to use the service,
  • (ii) the revenues of the provider of the service, and
  • (iii) the Universal Product Code (UPC) and the International Standard Recording Code (ISRC) of the recordings used in providing the service.

SOCAN shall have the right to audit the user’s books and records, on reasonable notice and during normal business hours, to verify statements rendered and the royalty payable by the user.

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 1% above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

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