Canada Gazette, Part I, Volume 151, Number 18: COPYRIGHT BOARD
Mai 6, 2017
FILE: Public Performance of Musical Works
Statement of Royalties to Be Collected by SOCAN for the Public Performance or the Communication to the Public by Telecommunication, in Canada, 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 or the communication to the public by telecommunication, in Canada, of musical or dramatico-musical works in respect of the following tariffs and for the following years:
- — Tariff No. 1.B (2007-2017)
- — Tariffs Nos. 2.A, 17 (2009-2013)
- — Tariff No. 5.B (2009-2017)
- — Tariff No. 2.D (2013-2014)
- — Tariffs Nos. 2.C, 3.A, 3.B, 3.C, 5.A, 7, 8, 9, 10.A, 10.B, 11.A, 11.B, 12.A, 12.B, 13.B, 13.C, 14, 18, 20, 23 (2013-2017)
- — Tariff No. 6 (2014-2016)
- — Tariff No. 2.B (2014-2017)
- — Tariffs Nos. 4.A.1, 4.A.2, 4.B.1, 4.B.2, 4.B.3 (2015-2017)
Ottawa, May 6, 2017
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 OF ROYALTIES TO BE COLLECTED BY THE SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA (SOCAN)
in compensation for the right to perform in public or to communicate to the public by telecommunication, in Canada, musical or dramatico-musical works forming part of its repertoire.
GENERAL PROVISIONS
All amounts payable under these tariffs are exclusive of any federal, provincial or other governmental taxes or levies of any kind.
As used in these tariffs, the terms “licence,” “licence to perform” and “licence to communicate to the public by telecommunication” mean a licence to perform in public or to communicate to the public by telecommunication or to authorize the performance in public or the communication to the public by telecommunication, as the context may require.
Except where otherwise specified, fees payable for any licence granted by SOCAN shall be due and payable upon grant of the licence. 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.
Each licence shall subsist according to the terms set out therein. SOCAN shall have the right at any time to terminate a licence for breach of terms or conditions upon 30 days' notice in writing.
Tariff No. 1
RADIO
B. Non-Commercial Radio Other than the Canadian Broadcasting Corporation
For a licence to perform over the air or over the Internet, at any time and as often as desired in the years 2007 to 2017, for private and domestic use, any or all of the works in SOCAN's repertoire by a non-commercial AM, FM or Internet-only radio station other than a station of the Canadian Broadcasting Corporation, the fee payable is 1.9 per cent of the station's gross operating costs in the year covered by the licence. For greater certainty, “the station's gross operating costs” includes its gross Internet operating costs.
No later than January 31 of the year covered by the licence, the licensee shall pay the estimated fee owing for that year. The payment shall be accompanied by a report of the station's actual gross operating costs for the previous year. The fee is subject to adjustment when the actual gross operating costs for the year covered by the licence have been determined and reported to SOCAN.
If broadcasting takes place for less than the entire year, an application must be made for a licence by the end of the first month of broadcasting on the form to be supplied by SOCAN and, together with the application form, the station shall forward its remittance for the estimated fee payable.
For the purpose of this tariff item, “non-commercial AM, FM or Internet-only radio station” shall include any station that is non-profit or not-for-profit, whether or not any part of its operating expenses is funded by advertising revenues.
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.
Tariff 1.B does not apply to the use of music covered by Tariff 26 [the Pay Audio Services Tariff].
Tariff No. 2
TELEVISION
A. Commercial Television Stations
Definitions
1. In this tariff,
“ambient music” means music unavoidably picked up in the background when an event is videotaped or broadcasted. (musique ambiante)
“cleared music” means any music, other than ambient music or production music, in respect of which a station does not require a licence from SOCAN. (musique affranchie)
“cleared program” means
- (a) if the only cleared music contained in the program is music that was cleared before 60 days after the publication of this tariff, a program containing no music other than cleared music, ambient music or production music; and
- (b) if not, a program produced by a Canadian programming undertaking and containing no music other than cleared music, ambient music or production music. (émission affranchie)
“gross income” means the gross amount paid by any person for the use of one or more broadcasting services or facilities provided by the station's operator, whether such amounts are paid to the station owner or operator or to other persons, excluding the following:
- (a) any such amounts received by a person other than the operator or owner of the station which form part of the base for calculation of the SOCAN royalty payable by such other person under this or another tariff;
- (b) income accruing from investments, rents or any other business unrelated to the station's broadcasting activities. However, income accruing from any allied or subsidiary business that is a necessary adjunct to the station's broadcasting services and facilities or which results in their being used shall be included in the “gross income”;
- (c) amounts received for the production of a program that is commissioned by someone other than the licensee and which becomes the property of that person;
- (d) the recovery of any amount paid to obtain the exclusive national or provincial broadcast rights to a sporting event, if the licensee can establish that the station was also paid normal fees for station time and facilities. SOCAN may require the production of the contract granting these rights together with the billing or correspondence relating to the use of these rights by other parties; and
- (e) amounts received by an originating station acting on behalf of a group of stations which do not constitute a permanent network and which broadcast a single event, simultaneously or on a delayed basis, that the originating station pays out to the other stations participating in the broadcast. These amounts paid to each participating station are part of that station's “gross income.” (revenus bruts)
“production music” means music contained in interstitial programming such as commercials, public service announcements and jingles. (musique de production)
“programming undertaking” means a programming undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11. (entreprise de programmation)
Application
2. (1) This tariff applies to licences for the communication to the public by telecommunication by a broadcast television station, at any time and as often as desired, in the years 2009 to 2013, for private or domestic use, of any or all of the works in SOCAN's repertoire.
(2) This tariff does not apply to stations owned and operated by the Canadian Broadcasting Corporation or licensed under a different tariff.
Election of Licence
3. (1) A station can elect for the standard or modified blanket licence.
(2) A station's election must be in writing and must be received by SOCAN at least 30 days before the first day of the month for which the election is to take effect.
(3) A station's election remains valid until it makes a further election.
(4) A station can make no more than two elections in a calendar year.
(5) A station that has never made an election is deemed to have elected for the standard blanket licence.
Standard Blanket Licence
4. (1) A station that has elected for the standard blanket licence shall pay 1.9 per cent of the station's gross income for the second month before the month for which the licence is issued.
(2) No later than the day before the first day of the month for which the licence is issued, the station shall pay the fee, and report the station's gross income for the second month before the month for which the licence is issued.
Modified Blanket Licence (MBL)
5. (1) A station that has elected for the modified blanket licence shall pay the amount calculated in accordance with Form A (found at the end of this Supplement).
(2) No later than the last day of the month after the month for which the licence is issued, the station shall
- (a) provide to SOCAN, using Form A, a report of the calculation of its licence fee;
- (b) provide to SOCAN, using Form B (found at the end of this Supplement), reports identifying, in respect of each cleared program, the music used in that program;
- (c) provide to SOCAN any document supporting its claim that the music identified in Form B is cleared music, or a reference to that document, if the document was provided previously; and
- (d) pay the amount payable pursuant to subsection (1).
Audit Rights
6. SOCAN shall have the right to audit any licensee's books and records, on reasonable notice and during normal business hours, to verify the statements and reports rendered and the fee payable by the licensee.
MBL: Incorrect Cleared Program Claims
7. Amounts paid pursuant to lines C and D of Form A on account of a program that a station incorrectly claimed as a cleared program are not refundable.
B. Ontario Educational Communications Authority
For a licence to perform, at any time and as often as desired in the years 2014 to 2017, for private or domestic use, any or all of the works in SOCAN's repertoire by
- (a) a station operated by the Ontario Educational Communications Authority; and
- (b) the websites and other technological platforms (e.g. Internet, iPod, mobile phones, iPad) operated by the Authority, the annual fee is $360,096 payable in equal quarterly instalments on January 1, April 1, July 1 and October 1 of the year covered by the licence.
Tariff 2.B does not apply to the use of music covered under Tariff 17.
C. Société de télédiffusion du Québec
For a licence to perform, at any time and as often as desired in the years 2013 to 2017, for private or domestic use, any or all of the works in SOCAN's repertoire by
- (a) a station operated by the Société de télédiffusion du Québec (STQ); and
- (b) the websites and other technological platforms (e.g. Internet, iPod, mobile phones, iPad) operated by the STQ, i.e. uses that would otherwise be the subject of SOCAN Tariff 22.E, the annual fee is $216,000 payable in equal quarterly instalments on March 31, June 30, September 30 and December 15 of the year covered by the licence.
Tariff 2.C does not apply to the use of music covered under Tariff 17.
D. Canadian Broadcasting Corporation
For a licence to perform, at any time and as often as desired in the years 2013 and 2014, for private or domestic use, any or all of the works in SOCAN's repertoire for all broadcasts of programs by the television network and stations owned and operated by the Canadian Broadcasting Corporation, the annual fee shall be $6,922,586, payable in equal monthly instalments on the first day of each month, commencing January 1 of the year for which the licence is issued.
Tariff 2.D does not apply to the use of music covered under Tariff 17 or Tariff 22.
Tariff No. 3
CABARETS, CAFES, CLUBS, COCKTAIL BARS, DINING ROOMS, LOUNGES, RESTAURANTS, ROADHOUSES, TAVERNS AND SIMILAR ESTABLISHMENTS
A. Live Music
For a licence to perform, by means of performers in person, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments, the fee payable by the establishment is 3 per cent of the compensation for entertainment paid in the year covered by the licence, subject to a minimum annual fee of $83.65 for the years 2013 and 2014 and $89.76 for the years 2015 to 2017.
“Compensation for entertainment” means the total amounts paid by the licensee to, plus any other compensation received by, musicians, singers and all other performers, for entertainment of which live music forms part. It does not include expenditures for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.
No later than January 31 of the year covered by the licence, the licensee shall pay to SOCAN the estimated fee owing for that year, as follows. If any music was performed as part of entertainment in the previous year, the payment is based on the compensation paid for entertainment during that year, and accompanied by a report of the actual compensation paid for entertainment during that year. If no music was performed as part of entertainment in that year, the licensee shall file a report estimating the expected compensation for entertainment during the year covered by the licence and pay according to that report.
No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual compensation paid for entertainment during the previous year, and an adjustment of the licence fee shall be made accordingly. Any monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.
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.
The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee's records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor's fees.
B. Recorded Music Accompanying Live Entertainment
For a licence to perform, by means of recorded music, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, as an integral part of live entertainment in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments, the fee payable by the establishment shall be 2 per cent of the compensation for entertainment paid in the year covered by the licence, subject to a minimum annual fee of $62.74 for the years 2013 and 2014 and $67.32 for the years 2015 to 2017.
“Compensation for entertainment” means the total amounts paid by the licensee to, plus any other compensation received by, all performers, for entertainment of which recorded music forms an integral part. It does not include expenditures for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.
No later than January 31 of the year covered by the licence, the licensee shall pay to SOCAN the estimated fee owing for that year, as follows. If any music was performed as part of entertainment in the previous year, the payment is based on the compensation paid for entertainment during that year, and accompanied by a report of the actual compensation paid for entertainment during that year. If no music was performed as part of entertainment in that year, the licensee shall file a report estimating the expected compensation for entertainment during the year covered by the licence and pay according to that report.
No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual compensation paid for entertainment during the previous year, and an adjustment of the licence fee shall be made accordingly. Any monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.
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.
The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee's records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor's fees.
Tariff 3.B does not apply to the use of music covered under Tariff 3.C.
C. Adult Entertainment Clubs
For a licence to perform, by means of recorded music, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, in an adult entertainment club, the fee payable by the establishment is 4.4¢ per day for the years 2013 and 2014 and 4.7¢ per day for the years 2015 to 2017, multiplied by the capacity (seating and standing) authorized under the establishment's liquor licence or any other document issued by a competent authority for this type of establishment.
“Day” means any period between 6:00 a.m. on one day and 6:00 a.m. the following day during which the establishment operates as an adult entertainment club.
No later than January 31 of the year covered by the licence, the licensee shall file a report estimating the amount of royalties and send to SOCAN the report and the estimated fee.
No later than January 31 of the following year, the licensee shall file with SOCAN a report indicating the authorized capacity (seating and standing) of the establishment, as well as the number of days it operated as an adult entertainment club during the previous year, and an adjustment of the licence fee shall be made accordingly. Any additional monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.
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.
The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee's records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor's fees.
Tariff No. 4
LIVE PERFORMANCES AT CONCERT HALLS, THEATRES AND OTHER PLACES OF ENTERTAINMENT
A. Popular Music Concerts
1. Per Event Licence
For a licence to perform, by means of performers in person at a concert in the years 2015 to 2017, any or all of the works in SOCAN's repertoire, at concert halls, theatres and other places where entertainment is presented, including open-air events, the fee payable per concert is as follows:
- (a) 3 per cent of gross receipts from ticket sales of paid concerts, exclusive of any applicable taxes, with a minimum fee per concert of $35; or
- (b) 3 per cent of fees paid to singers, musicians, dancers, conductors and other performers during a free concert, with a minimum fee per concert of $35.
For greater certainty, Tariff 4.A.1 applies to the performance of musical works by lip synching or miming.
“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.
For the year 2017, “Performers” include DJs when they are the featured performer and their identity forms part of material used to promote the event.
Administrative Provisions
No later than 30 days after the concert, the licensee shall
- (a) pay the royalties due for the concert;
- (b) report the gross receipts from the ticket sales or the total fees paid to the performers, including all singers, musicians, dancers, conductors, and other performers, as may be applicable;
- (c) provide the legal names, addresses and telephone numbers of the concert promoters, if any, and of the owners of the venue where the concert took place (if other than the licensee);
- (d) provide the name of the act(s) at the concert, if available; and
- (e) provide the title of each musical work performed, if available.
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.
Tariff 4.A.1 does not apply to performances covered under Tariff 3.A or Tariff 22.
2. Annual Licence
For an annual licence to perform, by means of performers in person at a concert in the years 2015 to 2017, any or all of the works in SOCAN's repertoire, at concert halls, theatres and other places where entertainment is presented, including open-air events, the fee payable per concert is as follows:
- (a) 3 per cent of gross receipts from ticket sales of paid concerts, exclusive of any applicable taxes, with a minimum annual fee of $60; or
- (b) 3 per cent of fees paid to singers, musicians, dancers, conductors and other performers during a free concert, with a minimum annual fee of $60.
For greater certainty, Tariff 4.A.2 applies to the performance of musical works by lip synching or miming.
“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.
For the year 2017, “Performers” include DJs when they are the featured performer and their identity forms part of material used to promote the event.
Administrative Provisions
No later than 30 days after each concert, the licensee shall
- (a) provide the legal names, addresses and telephone numbers of the concert promoters, if any, and of the owners of the venue where the concert took place (if other than the licensee);
- (b) provide the name of the act(s) at the concert, if available; and
- (c) provide the title of each musical work performed, if available.
The licensee shall estimate the fee payable for the year for which the licence is issued, based on the total gross receipts/fees paid for the previous year, and shall pay such estimated fee to SOCAN on or before January 31 of the year for which the licence is issued. Payment of the fee shall be accompanied by a report of the gross receipts/fees paid for the previous year.
If the gross receipts/fees paid reported for the previous year were not based on the entire year, payment of this fee shall be accompanied by a report estimating the gross receipts/fees paid for the entire year for which the licence is issued.
On or before January 31 of the following year, a report shall be made of the actual gross receipts/fees paid during the calendar year for which the licence is issued, an adjustment of the licence fee payable to SOCAN shall be made, and any additional fees due on the basis of the actual gross receipts/fees paid. If the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.
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.
Tariff 4.A.2 does not apply to performances covered under Tariff 3.A or Tariff 22.
B. Classical Music Concerts
1. Per Concert Licence
For a licence to perform, by means of performers in person at a concert in the years 2015 to 2017, any or all of the works in SOCAN's repertoire, at concerts or recitals of classical music, the fee payable per concert is as follows:
- (a) 1.56 per cent of gross receipts from ticket sales of paid concerts, exclusive of any applicable taxes, with a minimum fee per concert of $35; or
- (b) 1.56 per cent of fees paid to singers, musicians, dancers, conductors and other performers during a free concert, with a minimum fee per concert of $35.
For greater certainty, Tariff 4.B.1 applies to the performance of musical works by lip synching or miming.
“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.
Administrative Provisions
No later than 30 days after the concert, the licensee shall
- (a) pay the royalties due for the concert;
- (b) report the gross receipts from the ticket sales or the total fees paid to the performers, including all singers, musicians, dancers, conductors, and other performers, as may be applicable;
- (c) provide the legal names, addresses and telephone numbers of the concert promoters, if any, and of the owners of the venue where the concert took place (if other than the licensee);
- (d) provide the name of the act(s) at the concert, if available; and
- (e) provide the title of each musical work performed, if available.
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.
2. Annual Licence for Orchestras
For an annual licence to perform, at any time and as often as desired in the years 2015 to 2017, any or all of the works in SOCAN's repertoire, as live performances by orchestras (including singers), at concerts or recitals of classical music, an annual fee calculated in accordance with the following is payable in semi-annual instalments by no later than January 31 and July 31:
| Annual Orchestra Budget | Annual Fee × Total Number of Concerts |
|---|---|
| $0 to $100,000 | $73 |
| $100,001 to $500,000 | $117 |
| $500,001 to $1,000,000 | $191 |
| $1,000,001 to $2,000,000 | $238 |
| $2,000,001 to $5,000,000 | $398 |
| $5,000,001 to $10,000,000 | $436 |
| Over $10,000,000 | $477 |
“Orchestras” include a musical group which offers to the public one or more series of concerts or recitals that have been predetermined in an annual budget.
Included in the “total number of concerts” are the ones where no work of SOCAN's repertoire is performed.
Where fees are paid under this tariff, no fees shall be payable under Tariff 4.B.1.
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.
3. Annual Licence for Presenting Organizations
For an annual licence to perform, by means of performers in person at a concert in the years 2015 to 2017, any or all of the works in SOCAN's repertoire during a series of concerts or recitals of classical music forming part of an artistic season of a presenting organization, the fee payable per concert is as follows:
0.96 per cent of gross receipts from ticket sales, subscription and membership revenues, for all concerts (including concerts where no work of SOCAN's repertoire is performed), exclusive of any applicable taxes, with a minimum annual fee of $35.
Where a series of concerts and recitals forming part of a presenting organization's artistic season is free of charge, the fee payable is as follows:
0.96 per cent of fees paid to singers, musicians, dancers, conductors, and other performers, for all concerts (including concerts where no work of SOCAN's repertoire is performed) in the series, with a minimum annual fee of $35.
For greater certainty, Tariff 4.B.3 applies to the performance of musical works by lip synching or miming.
No later than 30 days after each concert, the licensee shall
- (a) provide the legal names, addresses and telephone numbers of the concert promoters, if any, and of the owners of the venue where the concert took place (if other than the licensee);
- (b) provide the name of the act(s) at the concert, if available; and
- (c) provide the title of each musical work performed, if available.
No later than January 31 of the year for which the licence is issued, the licensee shall file with SOCAN a report estimating the gross receipts from ticket sales, subscription and membership revenues for that year. For a series of free concerts and recitals, the licensee shall file a report estimating the fees paid to singers, musicians, dancers, conductors, and other performing artists for all concerts in the series. If the estimated payment is $100 or less, payment shall accompany the report. Otherwise, payments based on the report's estimate shall be made quarterly within 30 days of the end of each quarter.
No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual gross receipts from ticket sales, subscription and membership revenues or, for a series of free concerts and recitals, the fees paid to singers, musicians, dancers, conductors and other performing artists, during the year for which the licence is issued, and an adjustment of the licence fee shall be paid to SOCAN. Any amount due shall accompany the report; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.
Where fees are paid under this tariff, no fees shall be payable under Tariff 4.B.1.
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.
Tariff No. 5
EXHIBITIONS AND FAIRS
A. For a licence to perform, at any time and as often as desired, any or all of the works in SOCAN's repertoire at an exhibition or fair held in the years 2013 to 2017, the fee is calculated as follows:
| Total Attendance | Fee Payable per Day | |
|---|---|---|
| (2013-2014) | (2015-2017) | |
| Up to 25 000 persons | $12.81 | $13.75 |
| 25 001 to 50 000 persons | $25.78 | $27.66 |
| 50 001 to 75 000 persons | $64.31 | $69.00 |
| Total Attendance | Fee Payable per Person | |
|---|---|---|
| (2013-2014) | (2015-2017) | |
| For the first 100 000 persons | 1.07¢ | 1.15¢ |
| For the next 100 000 persons | 0.47¢ | 0.50¢ |
| For the next 300 000 persons | 0.35¢ | 0.38¢ |
| All additional persons | 0.26¢ | 0.28¢ |
In the case of an exhibition or fair that is scheduled yearly, the fee shall be paid on the actual attendance figures in the preceding year, on or before January 31 of the year covered by the licence. The licensee shall submit with the licence fee the figures for actual attendance for the previous year and the duration, in days, of the exhibition or fair.
In all other cases, the licensee shall, within 30 days of an exhibition's or fair's closing, report its attendance and duration and submit the fee based on those figures.
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.
A licence issued under Tariff 5.A does not authorize performances of music at concerts for which an additional admission charge is made; for such concerts, Tariff 5.B applies.
B. Where an additional admission charge is made for attendance at musical concerts, an additional licence shall be required. The fee payable for such licence in the years 2009 to 2017 is calculated at the rate of 3 per cent of gross receipts from ticket sales to the concert, exclusive of any applicable taxes. Where the concert ticket allows the purchaser access to the exhibition grounds at any time after the opening on the day of the concert, the adult general grounds admission price shall also be deducted from the ticket price to produce the net ticket price.
The fees due under section B shall be calculated on a per concert basis and shall be payable immediately after the close of the exhibition.
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.
Tariff No. 6
MOTION PICTURE THEATRES
For a licence to perform, at any time and as often as desired in the years 2014 to 2016, any or all of the works in SOCAN's repertoire, covering the operations of a motion picture theatre or any establishment exhibiting motion pictures at any time during the year, the annual fee is as follows:
| Year | Annual Rate per Seat, per Screen | Minimum Annual Fee per Screen |
|---|---|---|
| 2014-2016 | $1.50 | $150 |
The seating capacity of drive-in theatres is deemed to be three times the maximum number of automobiles which may be accommodated at any one time.
Theatres operating three days or less per week shall pay one half of the above rates.
For theatres operating for less than 12 months in each year, the fee payable shall be reduced by one twelfth for each full month during the year in which no operations occur.
A licence obtained under this tariff does not authorize any concert or other performance of music when the exhibition of one or more films is not an integral part of the program. The fees for those performances shall be calculated under other applicable tariffs.
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.
Tariff No. 7
SKATING RINKS
For a licence to perform, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, by means of performers in person or by means of recorded music, in connection with roller or ice skating, the fee is as follows:
- (a) where an admission fee is charged: 1.2 per cent of the gross receipts from admissions exclusive of sales and amusement taxes, subject to a minimum annual fee of $104.31 for the years 2013 and 2014, and $111.92 for the years 2015 to 2017; and
- (b) where no admission fee is charged: an annual fee of $104.31 for the years 2013 and 2014, and $111.92 for the years 2015 to 2017.
The licensee shall estimate the fee payable for the year covered by the licence based on the total gross receipts from admissions, exclusive of sales and amusement taxes, for the previous year and shall pay such estimated fee to SOCAN on or before January 31 of the year covered by the licence. Payment of the fee shall be accompanied by a report of the gross receipts for the previous year.
If the gross receipts reported for the previous year were not based on the entire year, payment of this fee shall be accompanied by a report estimating the gross receipts from admissions for the entire year covered by the licence.
On or before January 31 of the following year, a report shall be made of the actual gross receipts from admissions during the year covered by the licence, an adjustment of the licence fee payable to SOCAN shall be made, and any additional fees due on the basis of the actual gross receipts from admission charges shall be paid to SOCAN. If the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.
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.
Tariff No. 8
RECEPTIONS, CONVENTIONS, ASSEMBLIES AND FASHION SHOWS
For a licence to perform, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire as part of events at receptions, conventions, assemblies and fashion shows, the fee payable for each event, or for each day on which a fashion show is held, is as follows:
| Room Capacity (seating and standing) |
Fee per Event | |
|---|---|---|
| Without Dancing | With Dancing | |
| 1–100 | $20.56 | $41.13 |
| 101–300 | $29.56 | $59.17 |
| 301–500 | $61.69 | $123.38 |
| Over 500 | $87.40 | $174.79 |
| Room Capacity (seating and standing) |
Fee per Event | |
|---|---|---|
| Without Dancing | With Dancing | |
| 1–100 | $22.06 | $44.13 |
| 101–300 | $31.72 | $63.49 |
| 301–500 | $66.19 | $132.39 |
| Over 500 | $93.78 | $187.55 |
No later than 30 days after the end of each quarter, the licensee shall file with SOCAN a report for that quarter of the actual number of events with and without dancing and of the number of days on which a fashion show was held. The report shall also include the room capacity (seating and standing) authorized under the establishment's liquor licence or any other document issued by a competent authority for this type of establishment, and payment of the licence fees.
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.
Tariff No. 9
SPORTS EVENTS
For a licence to perform, at any time and as often as desired for the years 2013 to 2017, any or all of the works in SOCAN's repertoire, by means of performers in person or by means of recorded music, in connection with baseball, football, hockey, basketball, skating competitions, races, track meets and other sports events, the fee payable per event shall be 0.1 per cent of gross receipts from ticket sales, exclusive of sales and amusement taxes.
The fee payable for an event to which the admission is free is $5.
A complimentary ticket is valued at half the lowest price paid for a sold ticket from the same ticket category in the same event.
No later than 30 days after the end of each quarter, the licensee shall file with SOCAN a report for that quarter of the actual number of events, together with payment of the licence fees.
A licence to which Tariff 9 applies does not authorize performances of music at opening and closing events for which an additional admission charge is made; for such events, Tariff 4 shall apply.
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.
Tariff No. 10
PARKS, PARADES, STREETS AND OTHER PUBLIC AREAS
A. Strolling Musicians and Buskers; Recorded Music
For a licence to perform, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, by strolling musicians or buskers, or by means of recorded music, in parks, streets or other public areas, the fee is as follows:
$32.55 for the years 2013 and 2014 and $34.93 for the years 2015 to 2017, for each day on which music is performed, up to a maximum fee of $223.93 for the years 2013 and 2014 and $239.21 for the years 2015 to 2017, in any three-month period.
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.
For concert performances in parks, streets or other public areas, Tariff 4 shall apply.
B. Marching Bands; Floats with Music
For a licence to perform, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, by marching bands or floats with music participating in parades, the fee is as follows:
$8.78 for the years 2013 and 2014 and $9.42 for the years 2015 to 2017, for each marching band or float with music participating in the parade, subject to a minimum fee of $32.55 for the years 2013 and 2014 and $34.93 for the years 2015 to 2017, per day.
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.
Tariff No. 11
CIRCUSES, ICE SHOWS, FIREWORKS DISPLAYS, SOUND AND LIGHT SHOWS AND SIMILAR EVENTS; COMEDY SHOWS AND MAGIC SHOWS
A. Circuses, Ice Shows, Fireworks Displays, Sound and Light Shows and Similar Events
For a licence to perform, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, by means of performers in person or by means of recorded music at circuses, ice shows, fireworks displays, multimedia shows (including sound and light) and similar events, the fee payable per event is as follows:
1.6 per cent of gross receipts from ticket sales, exclusive of sales and amusement taxes, subject to a minimum fee of $61.85 for the years 2013 and 2014 and $66.37 for the years 2015 to 2017.
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.
B. Comedy Shows and Magic Shows
For a licence to perform, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, by means of performers in person or by means of recorded music in conjunction with events where the primary focus is on comedians or magicians and the use of music is incidental, the fee payable per event is $36.60 for the years 2013 and 2014 and $39.27 for the years 2015 to 2017. However, where the comedy act or magic show is primarily a musical act, Tariff 4.A applies.
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.
Tariff No. 12
THEME PARKS, ONTARIO PLACE CORPORATION AND SIMILAR OPERATIONS; PARAMOUNT CANADA'S WONDERLAND AND SIMILAR OPERATIONS
A. Theme Parks, Ontario Place Corporation and Similar Operations
For a licence to perform, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, at theme parks, Ontario Place Corporation and similar operations, the fee payable is
- (a) $2.41 for the years 2013 and 2014 and $2.59 for the years 2015 to 2017, per 1 000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1 000;
PLUS
- (b) 1.5 per cent of “live music entertainment costs.”
“Live music entertainment costs” means all direct expenditures of any kind and nature (whether in money or other form) paid by the licensee or on the licensee's behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.
No later than June 30 of the year covered by the licence, the licensee shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for that year, together with payment of 50 per cent of the estimated fee. The balance of the estimated fee is to be paid no later than October 1 of the same year.
No later than the earliest of 30 days of the close of the season and January 31 of the following year, the licensee shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for the year covered by the licence. SOCAN shall then calculate the fee and submit a statement of adjustments.
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.
Tariff 12.A does not apply to performances covered under Tariff 4 or 5.
B. Paramount Canada's Wonderland Inc. and Similar Operations
For a licence to perform, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire at Paramount Canada's Wonderland and similar operations, the fee payable is
- (a) $5.09 for the years 2013 and 2014 and $5.60 for the years 2015 to 2017, per 1 000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1 000;
PLUS
- (b) 1.5 per cent of “live music entertainment costs.”
“Live music entertainment costs” means all direct expenditures of any kind and nature (whether in money or other form) paid by the licensee or on the licensee's behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.
No later than June 30 of the year covered by the licence, the licensee shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for that year, together with payment of 50 per cent of the estimated fee. The balance of the estimated fee is to be paid no later than October 1 of the same year.
No later than the earliest of 30 days of the close of the season and January 31 of the following year, the licensee shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for the year covered by the licence. SOCAN shall then calculate the fee and submit a statement of adjustments.
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.
Tariff 12.B does not apply to performances covered under Tariff 4 or 5.
Tariff No. 13
PUBLIC CONVEYANCES
B. Passenger Ships
For a licence to perform in a passenger ship, by means of recorded music, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, the fee payable for each passenger ship is as follows:
$1.05 for the years 2013 and 2014 and $1.13 for the years 2015 to 2017, per person per year based on the authorized passenger capacity of the ship, subject to a minimum annual fee of $62.74 for the years 2013 and 2014 and $67.32 for the years 2015 to 2017.
For passenger ships operating for less than 12 months in each year, the fee payable shall be reduced by one twelfth for each full month during the year in which no operations occur.
On or before January 31 of the year covered by the licence, the licensee shall report the authorized passenger capacity and pay the applicable fee to SOCAN.
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.
C. Railroad Trains, Buses and Other Public Conveyances, Excluding Aircraft and Passenger Ships
For a licence to perform in railroad trains, buses and other public conveyances, excluding aircraft and passenger ships, by means of recorded music, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, the fee payable is as follows:
$1.05 for the years 2013 and 2014 and $1.13 for the years 2015 to 2017, per person per year, based on the authorized passenger capacity of the car, bus or other public conveyance, subject to a minimum annual fee of $62.74 for the years 2013 and 2014 and $67.32 for the years 2015 to 2017.
On or before January 31 of the year covered by the licence, the licensee shall report the authorized passenger capacity and pay the applicable fee to SOCAN.
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.
Tariff No. 14
PERFORMANCE OF AN INDIVIDUAL WORK
For the performance, in the years 2013 to 2017, of an individual work or an excerpt therefrom by a performer or contrivance at any single event when that work is the sole work performed from the repertoire of SOCAN, the fee payable shall be as follows:
| Potential Audience | Musical Group or Orchestra with or without Vocal Accompaniment | Single Instrument with or without Vocal Accompaniment |
|---|---|---|
| 500 or less | $5.35 | $2.72 |
| 501 to 1 000 | $6.27 | $4.11 |
| 1 001 to 5 000 | $13.37 | $6.68 |
| 5 001 to 10 000 | $18.66 | $9.36 |
| 10 001 to 15 000 | $24.01 | $12.03 |
| 15 001 to 20 000 | $29.30 | $14.65 |
| 20 001 to 25 000 | $34.60 | $17.33 |
| 25 001 to 50 000 | $40.05 | $17.48 |
| 50 001 to 100 000 | $45.45 | $22.72 |
| 100 001 to 200 000 | $59.33 | $26.63 |
| 200 001 to 300 000 | $66.68 | $33.31 |
| 300 001 to 400 000 | $79.94 | $39.95 |
| 400 001 to 500 000 | $93.36 | $46.68 |
| 500 001 to 600 000 | $106.67 | $53.26 |
| 600 001 to 800 000 | $119.94 | $59.58 |
| 800 001 or more | $133.25 | $66.68 |
| Increase | (%) |
|---|---|
| Over 3 and not more than 7 minutes | 75 |
| Over 7 and not more than 15 minutes | 125 |
| Over 15 and not more than 30 minutes | 200 |
| Over 30 and not more than 60 minutes | 300 |
| Over 60 and not more than 90 minutes | 400 |
| Over 90 and not more than 120 minutes | 500 |
If more than one work from SOCAN's repertoire is performed during any particular event, the fees shall be calculated under other applicable tariffs.
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.
Tariff No. 17
TRANSMISSION OF PAY, SPECIALTY AND OTHER TELEVISION SERVICES BY DISTRIBUTION UNDERTAKINGS
Definitions
1. In this tariff,
“affiliation payment” means the amount payable by a distribution undertaking to a programming undertaking for the right to carry the signal of the programming undertaking. (paiement d'affiliation)
“ambient music” means music unavoidably picked up in the background when an event is videotaped or broadcasted. (musique ambiante)
“cleared music” means any music, other than ambient music or production music, in respect of which a licence from SOCAN is not required. (musique affranchie)
“cleared program” means a program produced by a Canadian programming undertaking and containing no music other than cleared music, ambient music or production music. (émission affranchie)
“distribution undertaking” means a distribution undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11. (entreprise de distribution)
“gross income” means the gross amount paid by any person for the use of one or more broadcasting services or facilities provided by a programming undertaking, excluding the following:
- (a) income accruing from investments, rents or any other business unrelated to the broadcasting activities of the programming undertaking. However, income accruing from any allied or subsidiary business that is a necessary adjunct to the broadcasting services and facilities of the programming undertaking or which results in their being used shall be included in the “gross income”;
- (b) amounts received for the production of a program that is commissioned by someone other than the programming undertaking and which becomes the property of that person;
- (c) the recovery of any amount paid to obtain the exclusive national or provincial broadcast rights to a sporting event, if the programming undertaking can establish that it was also paid normal fees for its time and facilities. SOCAN may require the production of the contract granting these rights together with the billing or correspondence relating to the use of these rights by other parties;
- (d) amounts received by an originating programming undertaking acting on behalf of a group of programming undertakings, which do not constitute a permanent network and which broadcast a single event, simultaneously or on a delayed basis, that the originating undertaking pays out to the other programming undertakings participating in the broadcast. These amounts paid to each participating undertaking are part of that undertaking's “gross income”; and
- (e) affiliation payments. (revenus bruts)
“premises” has the meaning attributed to it in section 2 of the Regulations, which reads:
“ ‘premises' means
- (a) a dwelling, including a single-unit residence or a single unit within a multiple-unit residence; or
- (b) a room in a commercial or institutional building.” (local)
“production music” means music contained in interstitial programming such as commercials, public service announcements and jingles. (musique de production)
“programming undertaking” means a programming undertaking as defined in the Broadcasting Act. (entreprise de programmation)
“Regulations” means the Definition of “Small Cable Transmission System” Regulations, SOR/94-755 (Canada Gazette, Part II, Vol. 128, page 4096), amended by SOR/2005-148 (Canada Gazette, Part II, Vol. 139, page 1195). (Règlement)
“relevant month” means the month for which the royalties are payable. (mois pertinent)
“service area” has the meaning attributed to it in section 2 of the Regulations, which reads:
“ ‘service area' means an area in which premises served in accordance with the laws and regulations of Canada by a cable transmission system are located.” (zone de service)
“signal” means a television signal, other than a signal within the meaning of subsection 31(1) of the Copyright Act retransmitted in accordance with subsection 31(2) of the Copyright Act. “Signal” includes the signals of Canadian pay and specialty services, non-Canadian specialty services, community channels, and other programming and non-programming services. (signal)
“small cable transmission system” has the meaning attributed to it in sections 3 and 4 of the Regulations, which read:
“3. (1) Subject to subsections (2) to (4) and section 4, ‘small cable transmission system' means a cable transmission system that transmits a signal, with or without a fee, to not more than 2 000 premises in the same service area.
(2) For the purpose of subsection (1), where a cable transmission system is included in the same unit as one or more other cable transmission systems, the number of premises to which the cable transmission system transmits a signal is deemed to be equal to the total number of premises to which all cable transmission systems included in that unit transmit a signal.
(3) For the purpose of subsection (2), a cable transmission system is included in the same unit as one or more other cable transmission systems where
- (a) they are owned or directly or indirectly controlled by the same person or group of persons; and
- (b) their service areas are each less than 5 km distant, at some point, from at least one other among them, and those service areas would constitute a series of contiguous service areas, in a linear or non-linear configuration, where it not for the distance.
(4) Subsection (2) does not apply to a cable transmission system that was included in a unit on December 31, 1993.
4. The definition set out in subsection 3(1) does not include a cable transmission system that is a master antenna system located within the service area of another cable transmission system that transmits a signal, with or without a fee, to more than 2 000 premises in that service area.” (petit système de transmission par fil)
“TVRO” means a Television Receive Only Earth Station designed for the reception of signals transmitted by satellite. (TVRO)
“year” means a calendar year. (année)
2. For the purposes of this tariff, a cable transmission system shall be deemed to be a small cable transmission system in a given year if
- (a) it is a small cable transmission system on the later of December 31 of the preceding year or the last day of the month in which it first transmits a signal in the year; or
- (b) the average number of premises, determined in accordance with the Regulations, the system served or was deemed to serve on the last day of each month during the preceding year was no more than 2 000.
Application
3. (1) This tariff applies to licences for the communication to the public by telecommunication, as often as desired during the years 2009 to 2013, of any or all of the works in SOCAN's repertoire, in connection with the transmission of a signal for private or domestic use.
(2) This tariff does not apply to any use of music subject to Tariff 2, 16 or 22.
Small Cable Transmission Systems and Unscrambled Low Power Television Stations
4. (1) The total royalty payable in connection with the transmission of all signals shall be $10 a year where the distribution undertaking is
- (a) a small cable transmission system;
- (b) an unscrambled Low Power Television Station or Very Low Power Television Station (as defined in Sections E and G of Part IV of the Broadcast Procedures and Rules of Industry Canada effective April 1997); or
- (c) a terrestrial system which performs a function comparable to that of a cable transmission system, which uses Hertzian waves to transmit the signals and which otherwise meets the definition of “small cable transmission system”.
(2) The royalty payable pursuant to subsection (1) is due on the later of January 31 of the relevant year or the last day of the month after the month in which the system first transmits a signal in the relevant year.
(3) The following information shall be provided in respect of a system for which royalties are being paid pursuant to subsection (1):
- (a) the number of premises served on the later of December 31 of the preceding year or the last day of the month in which the system first transmitted a signal in the relevant year;
- (b) if the small cable transmission system qualifies as such by virtue of paragraph 3(b) of the Regulations, the number of premises, determined in accordance with the Regulations, the system served or was deemed to serve on the last day of each month during the preceding year;
- (c) if the system is a master antenna system and is located within the service area of another cable transmission system, the name of that other system and a statement to the effect that the other system transmits a signal, with or without a fee, to no more than 2 000 premises in its licensed area; and
- (d) if the system is included in a unit within the meaning of the Regulations
- (i) the date the system was included in the unit,
- (ii) the names of all the systems included in the unit,
- (iii) the names of the person or group of persons who own or who directly or indirectly control the systems included in the unit, and
- (iv) the nature of the control exercised by these persons.
Other Distribution Undertakings
5. (1) Sections 6 to 15 apply to distribution undertakings that are not subject to section 4.
(2) Unless otherwise provided, for the purposes of sections 6 to 15, any reference to a distribution undertaking, to affiliation payments or to premises served excludes systems subject to section 4 or payments made or premises served by such systems.
Community and Non-Programming Services
6. The total royalty payable in any month in respect of all community channels, non-programming services and other services generating neither affiliation payments nor gross income that are transmitted by a distribution undertaking shall be 0.14 cent per premises or TVRO served by the distribution undertaking on the last day of the relevant month.
Election of Licence
7. (1) A programming undertaking other than a service that is subject to section 6 can elect for the standard or modified blanket licence.
(2) An election must be in writing, and must be received by SOCAN at least 30 days before the first day of the month for which the election is to take effect.
(3) An election remains valid until a further election is made.
(4) A programming undertaking can make no more than two elections in a year.
(5) A programming undertaking that has never made an election is deemed to have elected for the standard blanket licence.
Standard Blanket Licence
8. (1) Subject to subsection (2), the monthly royalty payable for the transmission of the signal of a programming undertaking that has elected for the standard blanket licence is
- (a) 1.9 per cent of affiliation payments payable in the relevant month by a distribution undertaking to the programming undertaking, plus
- (b) X × Y × 1.9 per cent
Z
where
X is the gross income of the programming undertaking during the relevant month
Y is the number of premises or TVROs served by the distribution undertaking and lawfully receiving the signal of the programming undertaking on the last day of the relevant month
Z is the total number of premises or TVROs (including those served by systems subject to section 4) lawfully receiving the signal of the programming undertaking on the last day of the relevant month.
(2) Notwithstanding subsection (1),
- (a) paragraph (1)(b) does not apply to non-Canadian specialty services; and
- (b) the royalty rate is 0.8 per cent if a programming undertaking communicates works for which it requires a licence from SOCAN, excluding production music and cleared music, for less than 20 per cent of the programming undertaking's total air time and keeps and makes available to SOCAN complete recordings of its last 90 broadcast days.
(3) The royalty payable pursuant to subsection (1) is calculated in accordance with Form A if the royalties are being paid by the distribution undertaking, and in accordance with Form B if the royalties are being paid by the programming undertaking.
Modified Blanket Licence (MBL)
9. (1) Subject to subsection (2), the monthly royalty payable for the transmission of the signal of a programming undertaking that has elected for the modified blanket licence is calculated in accordance with Form C.
(2) Notwithstanding subsection (1),
- (a) no account is taken of gross income in calculating the royalty payable in respect of a non-Canadian specialty service; and
- (b) the royalty rate is 0.8 per cent if a programming undertaking
- (i) communicates works for which it requires a licence from SOCAN, excluding production music and cleared music, for less than 20 per cent of the programming undertaking's total air time, excluding the air time of cleared programs, and
- (ii) keeps and makes available to SOCAN complete recordings of its last 90 broadcast days.
Due Date for Royalties
10. Royalties shall be due on the last day of the third month following the relevant month.
Reporting Requirements
11. No later than the last day of the month following the relevant month, a distribution undertaking shall provide to SOCAN and to each programming undertaking whose signal it transmitted during the relevant month
- (a) the number of premises or TVROs served by the distribution undertaking and lawfully receiving the signal on the last day of the relevant month; and
- (b) the amount of the distribution undertaking's affiliation payment for that signal for the relevant month.
12. (1) No later than the last day of the second month following the relevant month, a programming undertaking that does not intend to pay the royalty owed in respect of its signal for the relevant month shall provide to SOCAN and to each distribution undertaking that transmitted its signal during the relevant month
- (a) the number obtained by dividing its gross income for the relevant month by the total number of premises or TVROs (including those served by systems subject to section 4) lawfully receiving its signal on the last day of the relevant month;
- (b) if the programming undertaking has elected for the modified blanket licence, the percentage of its gross income that was generated by cleared programs in the relevant month and the percentage of total air time of cleared programs during that month; and
- (c) if the programming undertaking claims that it complies with paragraph 8(2)(b) or 9(2)(b), a notice to that effect.
(2) A programming undertaking referred to in subsection (1) shall also provide to SOCAN by the date mentioned in subsection (1)
- (a) its gross income during the relevant month;
- (b) the total number of premises or TVROs (including those served by systems subject to section 4) lawfully receiving the signal of the programming undertaking on the last day of the relevant month; and
- (c) the total number of premises or TVROs (excluding those served by systems subject to section 4) lawfully receiving the signal of the programming undertaking on the last day of the relevant month.
13. No later than the last day of the second month following the relevant month, a programming undertaking that has elected for the modified blanket licence shall provide to SOCAN, using Form D, reports identifying, in respect of each cleared program, the music used in that program as well as any document supporting its claim that the music identified in Form D is cleared music, or a reference to that document, if the document was provided previously.
14. (1) A programming undertaking that makes a payment shall provide to SOCAN with its payment the total amount of affiliation payments payable to it for the relevant month and the calculation of the royalty for the relevant month, using the applicable form.
(2) A distribution undertaking that makes a payment shall provide to SOCAN with its payment, for the relevant month and in respect of each programming undertaking whose signal it transmitted during the relevant month,
- (a) the name of the programming undertaking, the name of its signal and the affiliation payment;
- (b) the number of premises or TVROs served by the distribution undertaking and lawfully receiving the signal of the programming undertaking on the last day of the relevant month; and
- (c) the calculation of the royalty, using the applicable form.
MBL: Incorrect Cleared Program Claims
15. Amounts paid pursuant to lines B and C of Form C on account of a program that a programming undertaking incorrectly claimed as a cleared program are not refundable.
Audit
16. SOCAN shall have the right to audit the books and records of a programming undertaking or of a distribution undertaking, on reasonable notice and during normal business hours, to verify the statements rendered and the royalty payable.
Confidentiality
17. (1) Subject to subsections (2) and (3), information received pursuant to this tariff shall be treated in confidence, unless the undertaking who supplied the information consents in writing to the information being treated otherwise.
(2) Information referred to in subsection (1) can be shared
- (a) to comply with this tariff;
- (b) with the Copyright Board;
- (c) in connection with proceedings before the Copyright Board, if the collective society has first provided a reasonable opportunity for the undertaking providing the information to request a confidentiality order;
- (d) to the extent required to effect the distribution of royalties, with a royalty claimant; or
- (e) if ordered by law or by a court of law.
(3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than the undertaking and who is not under an apparent duty of confidentiality to that undertaking.
Interest on Late Payments
18. 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.
Tariff No. 18
RECORDED MUSIC FOR DANCING
For a licence to perform, by means of recorded music for dancing by patrons, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, in bars, cabarets, restaurants, taverns, clubs, dining rooms, discotheques, dance halls, ballrooms and similar premises, the annual fee shall be as follows:
- (a) Premises accommodating no more than 100 patrons:
| Months of Operation | Days of Operation | |
|---|---|---|
| 1–3 days | 4–7 days | |
| 6 months or less | $267.33 | $534.66 |
| More than 6 months | $534.66 | $1,069.32 |
| Months of Operation | Days of Operation | |
|---|---|---|
| 1–3 days | 4–7 days | |
| 6 months or less | $286.85 | $573.69 |
| More than 6 months | $573.69 | $1,147.38 |
- (b) Premises accommodating more than 100 patrons:
- Premises accommodating between 101 and 120 patrons shall pay 10 per cent more than the fees set out in paragraph (a). For each subsequent capacity increase of up to 20 patrons, a further increase of 10 per cent of the fees set out in paragraph (a) shall be payable.
No later than January 31 of the year covered by the licence, the establishment shall pay the applicable fee to SOCAN and report the room capacity in number of patrons.
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.
This tariff does not cover the use of music expressly covered in other tariffs, including Tariffs 4 and 8.
Tariff No. 20
KARAOKE BARS AND SIMILAR ESTABLISHMENTS
For a licence to perform, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, by means of karaoke machines at karaoke bars and similar establishments, the annual fee shall be as follows:
Establishments operating with karaoke no more than three days a week: $191.24 for the years 2013 and 2014 and $205.20 for the years 2015 to 2017.
Establishments operating with karaoke more than three days a week: $275.56 for the years 2013 and 2014 and $295.68 for the years 2015 to 2017.
No later than January 31 of the year covered by the licence, the establishment shall pay the applicable fee to SOCAN and report the number of days it operates with karaoke in a week.
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.
Tariff No. 23
HOTEL AND MOTEL IN-ROOM SERVICES
Definitions
1. 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.
Application and Royalties
2. For a licence to communicate to the public by telecommunication, at any time and as often as desired in the years 2013 to 2017, any or all of the works in SOCAN's repertoire, by means of hotel or motel in-room audiovisual or musical services, the total fees payable shall be
- (a) 1.25 per cent of the fees paid by guests to view audiovisual works other than mature audience films;
- (b) 0.3125 per cent 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 per cent of the revenues of the provider of any musical service.
Payment and Reporting Requirements
3. 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.
Audits
4. SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify statements rendered and the fee payable by the licensee.
Uses Not Targeted in the Tariff
5. (1) This tariff does not apply to uses covered by other SOCAN tariffs, including Tariffs 17 and 22 and the Pay Audio Services Tariff.
(2) This tariff does not apply to Internet access services or to video games services.
TARIFF 2.A (COMMERCIAL TELEVISION STATIONS)
FORM A
(2009-2013)
CALCULATION OF LICENCE FEE FOR A MODIFIED BLANKET LICENCE (MBL) FOR THE MONTH OF _________
— to account for additional expenses incurred by SOCAN because of the availability of the MBL: |
(A) _________ |
— to account for the fact that stations that use the MBL pay royalties two months later than other stations: 1% × 1.9% × gross income from all programs |
(B) _________ |
— to account for the use of ambient and production music in cleared programs: 5% × 1.9% × gross income from cleared programs |
(C) _________ |
— to account for SOCAN's general operating expenses: 22% × 95% × 1.9% × gross income from cleared programs |
(D) _________ |
TOTAL of A + B + C + D: |
(E) _________ |
Payment on account of programs other than cleared programs |
|
— 1.9% × gross income from all programs other than cleared programs: |
(F) _________ |
TOTAL LICENCE FEE FOR THE MONTH (E + F): |
(G) _________ |
Please remit the amount set out in (G) |
TARIFF 2.A (COMMERCIAL TELEVISION STATIONS)
FORM B
(2009-2013)
MUSIC REPORT FOR CLEARED PROGRAMS
Television Station: _________________________________________________________
Program Title and Episode Number: _____________________________________________
Air Date: __________________
Producer: _______________________________________________________________
Gross Income from Program: __________________________________________________
Please complete the following report for EVERY musical work included in the program. Please provide, for each musical work, a copy of any document on which you rely to conclude rights that the music is cleared music, or a reference to that document, if you provided it previously.
| Item | Title | Use (Theme, Feature, Background) |
Timing | COMPOSER | PUBLISHER | PERFORMER | ||
|---|---|---|---|---|---|---|---|---|
| NAME | CLEARANCE (DIRECT, SOURCE, PUBLIC DOMAIN) (with reference to any supporting documents) |
NAME | CLEARANCE (DIRECT, SOURCE, PUBLIC DOMAIN) (with reference to any supporting documents) |
|||||
Tariff No. 17
TRANSMISSION OF PAY, SPECIALTY AND OTHER TELEVISION SERVICES BY DISTRIBUTION UNDERTAKINGS
FORM A
(2009-2013)
CALCULATION OF LICENCE FEE FOR A STANDARD BLANKET LICENCE FOR THE MONTH OF _____________
(Payment by the distribution undertaking)
Name of the distribution undertaking: ______________________________________________
Name of the programming undertaking or signal on account of which the royalties are being paid (please provide one form per programming undertaking or signal): ________________________________________________
(A) 1.9% × amount payable by the distribution undertaking for the right to carry the signal for the relevant month: ______________
(B) 1.9% × number supplied by the programming undertaking pursuant to paragraph 12(1)(a) of the tariff × number of premises or TVROs served by the distribution undertaking and lawfully receiving the signal of the programming undertaking on the last day of the relevant month: ___________________________
(C) TOTAL LICENCE FEE FOR THE MONTH (A + B): ______________________
Please remit the amount set out in (C)
NOTE: If the programming undertaking claims that it complies with paragraph 8(2)(b) of the tariff, the applicable royalty rate is 0.8%.
FORM B
(2009-2013)
CALCULATION OF LICENCE FEE FOR A STANDARD BLANKET LICENCE FOR THE MONTH OF _____________
(Payment by the distribution undertaking)
Name of the programming undertaking or signal: _________________________________________________
List of the distribution undertakings on account of which royalties are being paid: ___________________________
(A) 1.9% × total amount payable by the relevant distribution undertakings for the right to carry the signal of the programming undertaking for the relevant month: ________________________
(B) X × Y × 1.9%: _____________
Z
where
X is the gross income of the programming undertaking during the relevant month
Y is the total number of premises or TVROs served by the distribution undertakings and lawfully receiving the signal of the programming undertaking on the last day of the relevant month
Z is the total number of premises or TVROs (including those served by systems subject to section 4 of the tariff) lawfully receiving the signal of the programming undertaking on the last day of that month.
(C) TOTAL LICENCE FEE FOR THE MONTH (A + B): ______________________
Please remit the amount set out in (C)
NOTE: If the programming undertaking claims that it complies with paragraph 8(2)(b) of the tariff, the applicable royalty rate is 0.8%.
FORM C (2009-2013)
CALCULATION OF LICENCE FEE FOR A MODIFIED BLANKET LICENCE (MBL) FOR THE MONTH OF _________
For the purposes of this form and for the month for which the royalties are being calculated
“Affiliation payments” does not include payments made by systems subject to section 4 of the tariff (small systems).
“Total affiliation payments” means
- (a) if a distribution undertaking fills the form, the affiliation payment payable by the distribution undertaking to the relevant programming undertaking for that month,
- (b) if a programming undertaking fills the form, the affiliation payments payable to the programming undertaking by all the distribution undertakings that carried its signal during that month.
“Affiliation payments from cleared programs” means the total affiliation payments multiplied by the percentage of total air time attributable to cleared programs in that month. (That figure is provided by the programming undertaking pursuant to paragraph 12(1)(b) of the tariff if a distribution undertaking fills the form.)
“Affiliation payments from programs other than cleared programs” means the difference between total affiliation payments and affiliation payments from cleared programs.
“Total gross income” means
- (a) if a distribution undertaking fills the form, the number provided by the programming undertaking for that month pursuant to paragraph 12(1)(a) of the tariff multiplied by the number of premises or TVROs served by the distribution undertaking and lawfully receiving the signal of the programming undertaking on the last day of that month,
- (b) if a programming undertaking fills the form, the undertaking's gross income for that month multiplied by the ratio of the total number of premises or TVROs (excluding those served by systems subject to section 4 of the tariff) lawfully receiving its signal on the last day of that month over the total number of premises or TVROs (including those served by systems subject to section 4 of the tariff) lawfully receiving its signal on the last day of that month.
“Gross income from cleared programs” means the total gross income multiplied by the percentage of gross income from cleared programs. (That figure is provided by the programming undertaking pursuant to paragraph 12(1)(b) of the tariff if a distribution undertaking fills the form.)
“Gross income from programs other than cleared programs” means the difference between total gross income and gross income from cleared programs.
If the distribution undertaking fills the form, one form must be completed with respect to each programming undertaking that has elected for the MBL that the distribution undertaking transmits in the relevant month. If the programming undertaking fills the form, only one form needs to be completed.
— to account for additional expenses incurred by SOCAN because of the availability of the MBL: |
(A) __________ |
— to account for the use of ambient and production music in cleared programs: |
(B) __________ |
— to account for SOCAN's general operating expenses: 22% × 95% × 1.9% × (gross income from cleared programs + affiliation payments from cleared programs) |
(C) __________ |
— TOTAL of A + B + C |
(D) __________ |
Payment on account of all programs other than cleared programs |
|
— 1.9% × (gross income from programs other than cleared programs + affiliation payments from programs other than cleared programs) |
(E) __________ |
TOTAL LICENCE FEE FOR THE MONTH (D + E) |
(F) __________ |
Please remit the amount set out in (F) |
|
NOTE: If the programming undertaking claims that it complies with paragraph 9(2)(b) of the tariff, the applicable royalty rate is 0.8%. |
|
FORM D
(2009-2013)
MUSIC REPORT FOR CLEARED PROGRAMS
Signal / Channel: _____________________________________________________________
Program Title and Episode Number: ________________________________________________
Air Date: ___________________
Producer: __________________________________________________________________
Gross Income from Program: _____________________________________________________
Please complete the following report for EVERY musical work included in the program. Please provide, for each musical work, a copy of any document on which you rely to conclude that the music is cleared music, or a reference to that document, if you provided it previously.
| Item | Title | Use (Theme, Feature, Background) |
Timing | COMPOSER | PUBLISHER | PERFORMER | ||
|---|---|---|---|---|---|---|---|---|
| NAME | CLEARANCE (DIRECT, SOURCE, PUBLIC DOMAIN) (with reference to any supporting documents) | NAME | CLEARANCE (DIRECT, SOURCE, PUBLIC DOMAIN) (with reference to any supporting documents) | |||||