Canada Gazette, Part I, Volume 160, Number 26: SUPPLEMENT
June 27, 2026
SUPPLEMENT Vol. 160, No. 26
Canada Gazette
Part I
OTTAWA, Saturday, June 27, 2026
COPYRIGHT BOARD
SOCAN Tariff 22.A.2 – Online Music Video Services (2014-2018)
- Citation: SOCAN Tariff 22.A.2 – Online Music Video Services (2014-2018), 2026 CB 5-T
- See also: SOCAN Tariff 22.A.2 – Online Music Video Services (2014-2018), 2026 CB 5
Published pursuant to section 70.1 of the Copyright Act
Lara Taylor
Secretary General
1‑833‑860‑7131 (toll-free number)
1‑833‑369‑0396 (TTY)
registry-greffe@cb-cda.gc.ca (email)
SOCAN Tariff 22.A.2 – Online Music Video Services (2014-2018)
Definitions
1. In this tariff,
- “audio track”
- means a sound recording of a musical work, and, for greater certainty, excludes an audiovisual program; (« piste sonore »)
- “audiovisual program”
- means any combination of sounds and visual images that are intended to inform, enlighten, or entertain, irrespective of its duration, initial intended use, or manner of distribution; (« programme audiovisuel »)
- “bundle”
- means two or more digital files offered as a single product; (« ensemble »)
- “file” except in the definition of “bundle,”
- means a digital file of a music video; (« fichier »)
- “free on-demand stream”
- excludes an on-demand stream provided to a subscriber; (« transmission sur demande gratuite »)
- “free subscription”
- means the provision of free access to on-demand streams to a subscriber; (« abonnement gratuit »)
- “gross revenue”
- means the gross amounts paid to an online music video service or its authorized distributors for access to and use of the service, including membership and subscription fees, amounts paid for advertising, sponsorship, promotion and product placement, commissions on third-party transactions, and amounts equal to the value of the consideration received by an online music video service or its authorized distributors pursuant to any contra and barter agreements related to the operation of the service; (« revenus bruts »)
- “identifier”
- means the unique identifier an online music video service assigns to a file or bundle; (« identificateur »)
- “music video”
- means an audiovisual program, including a concert video,
- (a) for which the visual content was produced to feature, accompany, depict, portray, or represent one or more sound recordings or performances of one or more musical works;
- (b) where the musical work(s) are in the foreground of the audiovisual program; and
- (c) where the making of the audiovisual program was authorized by the owner of copyright in each musical work it contains, or the owner’s agent, licensee, or other representative; (« vidéo musicale »)
- “on-demand stream”
- means a stream selected by its recipient; (« transmission sur demande »)
- “online music video service”
- means a service that predominantly offers streams (recommended or on-demand) containing music videos. For greater certainty, an “online music video service” includes cloud-based music video services and other services using similar technology, but excludes any service that offers only streams (other than recommended) in which the file is selected by the service, which can only be viewed or listened to at a time chosen by the service, and for which no advance play list is published; (« service de vidéo musicale»)
- “play”
- means the single performance of a recommended or on-demand stream; (« écoute »)
- “quarter”
- means from January to March, from April to June, from July to September and from October to December; (« trimestre »)
- “recommended stream”
- means a stream delivered by an information filtering system that allows the end user to influence the selection of the music videos delivered specifically to the end user; (« transmission recommandée »)
- “stream”
- means a file that is intended to be copied onto a local storage device only to the extent required to allow the file to be viewed or listened to at substantially the same time as when the file is transmitted; (« transmission »)
- “subscriber”
- means an end user with whom an online music video service or its authorized distributor has entered into a contract for service other than on a transactional per-stream basis, for a fee, for other consideration or free of charge, including pursuant to a free subscription; (« abonné »)
- “unique visitor”
- means each end user, excluding a subscriber, who receives a free on-demand stream from an online music video service in a month. (« visiteur unique »)
Application
2. (1) This tariff sets the royalties to be paid for the communication to the public by telecommunication, in 2014 to 2018, of works in SOCAN’s repertoire, as embodied in music videos and other audiovisual programs, in connection with the operation of an online music video service and its authorized distributors, including making those works available to the public by telecommunication in a way that allows a member of the public to have access to them from a place and at a time individually chosen by that member of the public.
(2) This tariff does not apply to the communication to the public by telecommunication by
- (a) a site or service ordinarily accessed to listen to audio-only content;
- (b) a site or service ordinarily accessed to download or play games, including gambling;
- (c) an online audiovisual service that transmits predominantly user-generated content;
- (d) the Canadian Broadcasting Corporation; and
for greater certainty, does not apply to the communication to the public by telecommunication of any audio-only content.
Royalties
On-Demand and Recommended Streams
3. The royalties payable for a month by an online music video service that offers on-demand and/or recommended streams shall be the greater of
- (a) 2.99% of the gross revenue of the service for the month; and
- (b) 0.07¢ per stream requiring a SOCAN licence.
ADMINISTRATIVE PROVISIONS
Reporting Requirements: Service Identification
4. No later than 20 days after the earlier of the end of the first month during which an online music video service communicates a file requiring a SOCAN licence and the day before the service first makes such a file available to the public, the service shall provide to SOCAN the following information:
- (a) the name of the person who operates the service, including
- (i) if a corporation, its name and a mention of its jurisdiction of incorporation,
- (ii) if a sole proprietorship, the name of the proprietor,
- (iii) if a partnership, the names of each partner, and
- (iv) in any event, the names of the principal officers or operators of the service or any other service, together with any other trade name under which the service carries on business;
- (b) the address of its principal place of business;
- (c) the name, address and email of the persons to be contacted for the purposes of notice, for the exchange of data and for the purposes of invoicing and payment of royalties;
- (d) the name and address of any authorized distributor; and
- (e) the Uniform Resource Locator (URL) of each website and the name of each application or platform at or through which the service is or will be offered, as applicable.
Sales and Music Use Reporting
Definition
5. (1) In this section, “required information” means, in respect of a file,
- (a) its identifier;
- (b) the title of each musical work contained in the file;
- (c) the name of each performer or group to whom each sound recording in the file is credited;
- (d) the name of the person who released the music video;
- (e) if the service believes that a SOCAN licence is not required, information that establishes why the licence is not required;
- (f) the name of each author of each musical work contained in the file;
- (g) the International Standard Recording Code (ISRC) assigned to each sound recording in the file;
- (h) the name of the music publisher associated with each musical work contained in the file;
- (i) the International Standard Musical Work Code (ISWC) assigned to each musical work contained in the file;
- (j) if any sound recording in the file is or has been released in physical format as part of an album, the name, identifier, product catalogue number and Universal Product Code (UPC) assigned to the album, together with the associated disc and track numbers;
- (k) the Global Release Identifier (GRid) assigned to the file and, if applicable, the GRid of the album or bundle in which the file was released;
- (l) the running time of the file, in minutes and seconds; and
- (m) any alternative title used to designate each musical work and sound recording in the file.
On-Demand and Recommended Streams
(2) No later than 20 days after the end of each month, any online music video service that is required to pay royalties pursuant to section 3 shall provide to SOCAN a report setting out, for that month, the following information:
- (a) in relation to each file that was delivered as an on-demand or recommended stream, the required information, if available;
- (b) the number of plays of each file;
- (c) the total number of plays of all files;
- (d) the number of subscribers to the service during the month and the total amounts paid by them during that month;
- (e) the number of subscribers provided with free subscriptions and the total number of plays of all files by such subscribers as on-demand or recommended streams;
- (f) the gross revenue of the service for the month; and
- (g) the total number of streams provided free of charge.
Payment of Royalties
6. Royalties shall be due no later than 20 days after the end of each quarter.
Adjustments
7. If, as a result of the discovery of an error or otherwise, the amount of the royalties paid or payable, including excess payments, requires an adjustment, then SOCAN or the online music video service shall immediately notify the other party, provide an explanation for the claimed adjustment, and propose an adjustment solution, such solution subject to the other party’s consent (not to be unreasonably withheld). Adjustments shall not be made in respect of any other royalties or fees owed to SOCAN by the service under another tariff or agreement without SOCAN’s consent. No adjustment may be made to royalties paid more than six years previously. For clarity, this provision does not apply to any adjustments pursuant to an audit conducted under this tariff.
Records and Audits
8. (1) An online music video service shall keep and preserve, for a period of six years after the end of the month to which they relate, records from which the information set out in sections 4 and 5 can be readily ascertained.
(2) SOCAN may audit these records at any time during the period set out in subsection (1) on reasonable notice and during normal business hours.
(3) If an audit discloses that royalties due have been understated in any quarter by more than 10%, the service shall pay the reasonable costs of the audit within 30 days of the demand for such payment.
Confidentiality
9. (1) Subject to subsections (2) and (3), SOCAN, an online music video service and its authorized distributors shall treat in confidence information received pursuant to this tariff, unless the disclosing party consents in writing to the information being treated otherwise.
(2) Information referred to in subsection (1) may be shared
- (a) between the service and its authorized distributors in Canada;
- (b) with the Copyright Board;
- (c) in connection with proceedings before the Copyright Board, once the disclosing party has had a reasonable opportunity to request a confidentiality order;
- (d) with any person who knows or is presumed to know the information;
- (e) to the extent required to effect the distribution of royalties;
- (f) with SOCAN’s agents and service providers to the extent required by the service providers for the service they are contracted to provide; and
- (g) if required by law.
(3) Subsection (1) does not apply to information that must be provided pursuant to the Copyright Act, to information that is publicly available, to aggregated information, or to information obtained from someone other than an online music video service or its authorized distributors and who is not under an apparent duty of confidentiality with respect to the supplied information.
Interest on Late Payments
10. 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.
Addresses for Notices, etc.
11. (1) Anything addressed to SOCAN shall be sent by mail to 41 Valleybrook Drive, Toronto, Ontario M3B 2S6, by email at licence@socan.com, or to any other address or email address of which an online music video service has been notified in writing.
(2) Anything that SOCAN sends to an online music video service shall be sent to the last address or email address of which SOCAN has been notified in writing.
Delivery of Notices and Payments
12. (1) Subject to subsection (2), a notice may be delivered by hand, by postage-paid mail, by email or by File Transfer Protocol (FTP).
(2) Information provided pursuant to sections 4 and 5 shall be delivered electronically, by way of delimited text file or in any other format agreed upon by SOCAN and the online music video service.
(3) A notice or payment mailed in Canada shall be presumed to have been received four business days after the day it was mailed.
(4) A notice sent by email or by FTP shall be presumed to have been received the day it is transmitted.
(5) All amounts required to be reported or paid under this tariff shall be reported or paid in Canadian dollars and are exclusive of any federal, provincial or other governmental taxes or levies of any kind.
Transitional Provisions
13. (1) Any amount owed under this tariff shall be due on September 25, 2026, and shall be increased by using the interest factors (based on the Bank Rate as published by the Bank of Canada) set out in the following table with respect to each period.
| Year | Quarter | Factor |
|---|---|---|
| 2014 | 1 | 1.2484 |
| 2 | 1.2453 | |
| 3 | 1.2422 | |
| 4 | 1.2390 | |
| 2015 | 1 | 1.2359 |
| 2 | 1.2333 | |
| 3 | 1.2308 | |
| 4 | 1.2288 | |
| 2016 | 1 | 1.2269 |
| 2 | 1.2251 | |
| 3 | 1.2232 | |
| 4 | 1.2213 | |
| 2017 | 1 | 1.2194 |
| 2 | 1.2176 | |
| 3 | 1.2157 | |
| 4 | 1.2131 | |
| 2018 | 1 | 1.2100 |
| 2 | 1.2063 | |
| 3 | 1.2026 | |
| 4 | 1.1983 |
(2) Reports under sections 4 and 5 shall be filed on or before September 25, 2026.