Canada Gazette, Part I, Volume 151, Number 35: COPYRIGHT BOARD
September 2, 2017
Statement of Royalties to Be Collected by Re:Sound for the Performance in Public or the Communication to the Public by Telecommunication, in Canada, of Published Sound Recordings Embodying Musical Works and Performers' Performances of Such 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 Re:Sound Music Licensing Company (Re:Sound) for the performance in public or the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and performers' performances of such works for the use of music to accompany live events (Tariff 5) for the years 2008 to 2015.
Ottawa, September 2, 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)
STATEMENT OF ROYALTIES TO BE COLLECTED BY RE:SOUND FOR THE PERFORMANCE IN PUBLIC OR THE COMMUNICATION TO THE PUBLIC BY TELECOMMUNICATION, IN CANADA, OF PUBLISHED SOUND RECORDINGS EMBODYING MUSICAL WORKS AND PERFORMERS' PERFORMANCES OF SUCH WORKS FOR THE YEARS 2008-2015
Tariff No. 5
USE OF MUSIC TO ACCOMPANY LIVE EVENTS
GENERAL PROVISIONS
Short title
1. This tariff may be cited as the Re:Sound Live Events Tariff, 2008-2015.
Definitions
2. In this tariff,
“year” means a calendar year. (« année »)
Taxes
3. All royalties payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.
Records and Audits
- 4. (1) A person subject to the tariff shall keep and preserve, for a period of six (6) years after the end of the year to which they relate, records from which that person's payment under this tariff can be readily ascertained.
- (2) Re:Sound may audit these records at any time during the period set out in subsection (1), on reasonable notice and during normal business hours.
- (3) Re:Sound shall, upon receipt, supply a copy of the report of the audit to the person who was the subject of the audit.
- (4) If the audit discloses that the royalties owed to Re:Sound for the applicable reporting period have been understated by more than ten per cent (10%), the subject of the audit shall pay the amount of the understatement and the reasonable costs of the audit within thirty (30) days of the demand for such payment.
Confidentiality
- 5. (1) Subject to subsections (2) and (3), Re:Sound shall treat in confidence information received pursuant to this tariff, unless the person who supplied the information consents in writing to the information being treated otherwise.
- (2) Re:Sound may share information referred to in subsection (1)
- (a) in connection with the collection of royalties or the enforcement of a tariff, with SOCAN;
- (b) with the Copyright Board;
- (c) in connection with proceedings before the Copyright Board, if Re:Sound has first provided a reasonable opportunity for the person that supplied the information to request a confidentiality order;
- (d) to the extent required to effect the distribution of royalties, with its royalty claimants; or
- (e) if ordered by law.
- (3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than a person subject to this tariff and who is not under an apparent duty of confidentiality to that person.
Adjustments
6. Adjustments in the amount of royalties owed (including excess payments), as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due.
Interest on Late Payments
7. 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.
Addresses for Notices, etc.
- 8. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: licensing@resound.ca, fax number: 416-962-7797, or to any other address, email address, or fax number of which the sender has been notified in writing.
- (2) Anything addressed to a person subject to this tariff shall be sent to the last address, email address or fax number provided by that person to Re:Sound in writing.
Delivery of Notices and Payments
- 9. (1) A notice may be delivered by hand, by postage-paid mail, by email, or by fax. A payment must be delivered by hand or by postage-paid mail.
- (2) A document mailed in Canada shall be presumed to have been received four (4) business days after the day it was mailed.
- (3) A document sent by facsimile or email shall be presumed to have been received the day it was transmitted.
Transitional Provisions
10. Any amount owed as a result of this tariff shall be due on November 30, 2017.
11. Notwithstanding any reporting requirements otherwise set in this tariff, reports required for 2008 to 2015 shall be filed on or before November 30, 2017.
A. Live Entertainment in Cabarets, Cafes, Clubs, Restaurants, Roadhouses, Taverns and Similar Establishments, 2013-2015
Application
- 12. (1) This tariff sets the royalties to be paid to Re:Sound for the years 2013-2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works as part of live entertainment in cabarets, cafes, clubs, restaurants, roadhouses, taverns and similar establishments.
- (2) This tariff does not apply to the use of sound recordings as background music, to which Re:Sound (NRCC) Tariff 3 (Use and Supply of Background Music) applies.
- (3) This tariff does not apply to the use of sound recordings for the purpose of dancing, to which Re:Sound Tariff 6.A (Use of Recorded Music to Accompany Dance) applies.
- (4) This tariff does not apply to the use of sound recordings at events that are subject to any other Re:Sound tariff, including Re:Sound Tariffs 5.B-5.K.
Royalties
- 13. (1) The annual fee payable under this tariff shall be 0.9 per cent of the compensation for entertainment paid in the year, subject to a minimum annual fee of $37.64.
- (2) “Compensation for entertainment” means the total amounts paid to, plus any compensation received by, all performers, for entertainment of which recorded music forms a part. It does not include expenditures for stage props, lighting equipment, set design, costumes, renovation or expansion of facilities, furniture and equipment.
Reporting Requirements
14. No later than January 31, a person subject to this tariff shall pay to Re:Sound the royalties owing for the previous year and shall provide a report of the compensation paid for entertainment during that previous year.
B. Receptions, Conventions, Assemblies and Fashion Shows, 2013-2015
Application
15. This tariff sets the royalties to be paid to Re:Sound for the years 2013 to 2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works as a part of events at receptions (including weddings), conventions, video game events, assemblies and fashion shows.
Royalties
| Room capacity (seating and standing) |
Fee per event without dancing | Fee per event with dancing |
|---|---|---|
| 1–100 | $9.25 | $18.51 |
| 101–300 | $13.30 | $26.63 |
| 301–500 | $27.76 | $55.52 |
| Over 500 | $39.33 | $78.66 |
Reporting Requirements
17. No later than thirty (30) days after the end of each quarter, an establishment subject to the tariff shall file with Re:Sound the payment for all events within that quarter and a report for that quarter including
- (a) the actual number of events with and without dancing and the number of days on which a fashion show was held; and
- (b) 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.
C. Karaoke Bars and Similar Establishments, 2013-2015
Application
18. This tariff sets the royalties to be paid to Re:Sound for the years 2013-2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works by means of karaoke machines at karaoke bars and similar establishments.
Royalties
19. The annual fee shall be as follows:
- (a) Establishments operating with karaoke no more than three days a week: $86.06; and
- (b) Establishments operating with karaoke more than three days a week: $124.00.
Reporting Requirements
20. No later than January 31 of each year, a person subject to this tariff shall pay the applicable fee for that year to Re:Sound and report the number of days it operates with karaoke in a week.
D. Festivals, Exhibitions and Fairs, 2013-2014
Application
- 21. (1) This tariff sets the royalties to be paid to Re:Sound for the years 2013-2014, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works at a festival, exhibition or fair.
- (2) This tariff applies to all uses of sound recordings at a festival, exhibition or fair. An event that is subject to Tariff 5.D is not subject to any other Re:Sound tariff for that event.
Royalties
| Total attendance | Fee payable per day |
|---|---|
| Up to 25 000 persons | $8.39 |
| 25 001 to 50 000 persons | $21.78 |
| 50 001 to 75 000 persons | $42.05 |
| Total attendance | Fee payable per person |
|---|---|
| For the first 100 000 persons | 0.54¢ |
| For the next 100 000 person | 0.24¢ |
| For the next 300 000 persons | 0.18¢ |
| All additional persons | 0.13¢ |
Reporting Requirements
- 23. (1) In the case of a festival, 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 in which the festival, exhibition or fair is held. A person subject to this tariff shall submit with the fee the figures for actual attendance for the previous year and the duration, in days, of the festival, exhibition or fair.
- (2) In all other cases, a person subject to this tariff shall, within thirty (30) days of a festival's, exhibition's or fair's closing, report its attendance and duration, in days, and submit the fee based on those figures.
- (3) Where the reported attendance includes attendance at separately ticketed events held as part of the festival, exhibition or fair, a person subject to this tariff shall report the total attendance and provide a breakdown of the attendance at each separately ticketed event.
D. Festivals, Exhibitions and Fairs, 2015
Application
- 24. (1) This tariff sets the royalties to be paid to Re:Sound for the year 2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works at a festival, exhibition or fair.
- (2) This tariff applies to all uses of sound recordings at a festival, exhibition or fair. An event that is subject to Tariff 5.D is not subject to any other Re:Sound tariff for that event.
Royalties
| Average daily attendance | Fee payable per day |
|---|---|
| Up to 5 000 persons | $8 |
| 5 001 to 10 000 persons | $18 |
| 10 001 to 20 000 persons | $36 |
| 20 001 to 30 000 persons | $60 |
| 30 001 to 50 000 persons | $96 |
| 50 001 to 75 000 persons | $150 |
| 75 001 to 100 000 persons | $210 |
| 100 001 to 150 000 persons | $300 |
| 150 001 to 200 000 persons | $420 |
| Over 200 000 persons | $600 |
Reporting Requirements
26. (1) In the case of a festival, 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 in which the festival, exhibition or fair is held. A person subject to this tariff shall submit with the fee the figures for actual attendance for the previous year and the duration, in days, of the festival, exhibition or fair.
(2) In all other cases, a person subject to this tariff shall, within thirty (30) days of a festival's, exhibition's or fair's closing, report its attendance and duration, in days, and submit the fee based on those figures.
(3) Where the reported attendance includes attendance at separately ticketed events held as part of the festival, exhibition or fair, a person subject to this tariff shall report the total attendance and provide a breakdown of the attendance at each separately ticketed event.
E. Circuses, Ice Shows, Fireworks Displays, Sound and Light Shows and Similar Events, 2013-2015
Application
- 27. (1) This tariff sets the royalties to be paid for the years 2013-2015, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works at circuses, ice shows, fireworks displays, sound and light shows and similar events.
- (2) Subject to subsection (3), this tariff applies to all uses of recorded music at the event, whether inside or outside the venue, and whether such music is played during the event itself, during intermissions, or during the entrance and exit of the audience.
- (3) An event that would otherwise be subject to Tariff 5.E is subject to Re:Sound (NRCC) Tariff 3 (Use and Supply of Background Music) if only background music is used at the event.
Royalties
- 28. (1) The fee payable per event is 0.8 per cent of gross receipts from ticket sales, exclusive of all taxes, including but not limited to sales and amusement taxes, service charges, convenience fees and delivery fees on ticket sales that are charged to the ticket purchaser in addition to the face value ticket price, subject to a minimum fee of $61.85 per event.
- (2) Where no admission fee is charged for the event, the minimum fee applies.
Reporting Requirements
- 29. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound the fee for that event together with a report of its gross receipts, no later than thirty (30) days after the event.
- (2) In the case of multiple events within a year, a person subject to this tariff shall file with Re:Sound the fee for all events within the year and report the gross receipts for each event by January 31 of the following year.
- (3) Where the total royalties payable for a year exceed $500, payments and reporting for the rest of that year and for the following year shall be made on a quarterly basis.
F. Parades, 2013-2015
Application
30. This tariff sets the royalties to be paid to Re:Sound for the years 2013-2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works (“recorded music”) by floats participating in parades.
Royalties
31. The fee payable is $4.39 for each float with recorded music participating in the parade, subject to a minimum fee of $32.55 per day.
Reporting Requirements
- 32. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound the fee for that event together with a report of the name and location of the parade and the number of floats with recorded music participating in the parade, no later than thirty (30) days after the event.
- (2) In the case of multiple events within a year, a person subject to this tariff shall file with Re:Sound the fee for all events within the year and report the number of parades and the name, location and number of floats with recorded music for each parade by January 31 of the following year.
- (3) Where the total royalties payable for a year under subsection (2) exceed $500, payments and reporting for the rest of that year and for the following year shall be made on a quarterly basis.
G. Parks, Streets and Other Public Areas, 2013-2015
Application
- 33. (1) This tariff sets the royalties to be paid to Re:Sound for the years 2013-2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works in parks, streets or other public areas.
- (2) This tariff does not apply to a performance in public or a communication to the public by telecommunication that is subject to another Re:Sound tariff.
Royalties
- 34. (1) The fee payable is $16.28 for each day on which sound recordings are performed, up to a maximum fee of $111.47 in any three-month period.
- (2) If an event takes place in multiple locations, the fee payable under subsection (1) applies to each location in which sound recordings are performed.
Reporting Requirements
- 35. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound the fee for that event together with a report of the date, location and name of the event, no later than thirty (30) days after the event.
- (2) In the case of multiple events within a year, a person subject to this tariff shall file with Re:Sound the fee for all events within the year and report the date, location and name of the event for each event by January 31 of the following year.
- (3) Where the total royalties payable for a year under subsection (2) exceed $500, payments and reporting for the rest of that year and for the following year shall be made on a quarterly basis.
H. Sport Events, 2008-2015
Application
- 36. (1) This tariff sets the royalties to be paid to Re:Sound, for the benefit of performers and makers, for the years 2008-2015, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works at sporting events including, but not limited to, basketball, baseball, football, hockey, skating competitions, races, track meets and other sporting events.
- (2) This tariff applies to all use of sound recordings at the sporting event, whether inside or outside the stadium, arena or other venue and whether such sound recordings are played during the game itself or during the pre- or post-game periods (including the entrance and exit of the audience).
Royalties
| Period | Percentage of gross receipts from ticket sales |
|---|---|
| 2008 | 0.034% |
| 2009 | 0.036% |
| 2010 | 0.038% |
| 2011 | 0.04% |
| 2012 | 0.042% |
| 2013 | 0.044% |
| 2014 | 0.046% |
| 2015 | 0.048% |
(2) A complimentary ticket is valued at half the lowest price paid for a sold ticket from the same ticket category in the same event.
(3) Where admission to a sporting event is free, a fee of $5 per event applies.
Reporting Requirements
- 38. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound, no later than thirty (30) days after the event, the fee for that event together with a report of its gross receipts, if applicable, including the number of complimentary tickets and the value attributed to them and the number of admissions for free events.
- (2) In the case of multiple events within a year, a person subject to this tariff shall file with Re:Sound, by January 31 of the following year, the fee for all events within the year and report the gross receipts for each event, if applicable, including the number of complimentary tickets and the value attributed to them and the number of admissions for each free event.
- (3) Where the total royalties payable for a year under subsection (2) exceed $500, payments and reporting for the rest of that year and for the following year shall be made on a quarterly basis.
I. Comedy and Magic Shows, 2008-2015
Application
- 39. (1) This tariff sets the royalties to be paid to Re:Sound, for the benefit of performers and makers, for the years 2008-2015, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works at events where the primary focus is on comedians or magicians and the use of music is incidental.
- (2) This tariff applies to all incidental use of sound recordings at the event, whether inside or outside the venue, and whether such sound recordings are played during the event itself, during intermissions, or during the entrance and exit of the audience.
Royalties
40. The fee payable per event is $14.64.
Reporting Requirements
- 41. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound, by no later than thirty (30) days after the event, the fee for that event together with a report of the date, name and location of the event.
- (2) In the case of multiple events within a year, a person subject to this tariff shall file with Re:Sound, by January 31 of the following year, the fee for all events within the year and report the date, name and location of each event.
- (3) Where the total royalties payable for a year under subsection (2) exceed $500, payments and reporting for the rest of that year and for the following year shall be made on a quarterly basis.
J. Concerts, 2008-2015
Definitions
42. In this tariff,
“Capacity” means the maximum number of persons that can attend an event (seating and standing) based on the number of tickets that can be issued for the event (both free and paid) as reported in the event's ticket manifest or other relevant document. Where no ticket manifest or other relevant document exists, capacity shall be determined as the maximum number of persons that can occupy the venue or attend the particular event, if and as applicable, as set by the venue's liquor licence, or if a liquor licence has not been issued, any other document issued by a competent authority. In the case of an event for which capacity cannot be determined by any of the foregoing methods, such as a free, un-ticketed outdoor concert, the capacity is the total number of persons in attendance at the event, or if the number of attendees is not tracked, a good faith and reasonable estimate of the total number of persons in attendance at the event. (« capacité »)
Application
- 43. (1) This tariff sets the royalties to be paid to Re:Sound, for the benefit of performers and makers, for the years 2008-2015, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works during the entrance and exit of audiences and during breaks in live performances at live music concerts.
- (2) This tariff does not apply to any use of sound recordings as part of the live performance.
Royalties
44. The fee payable per event is 0.1558¢ multiplied by the capacity, subject to a minimum fee of $15 per event.
Reporting Requirements
- 45. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound, by no later than thirty (30) days after the event, the fee for that event together with a report of the name and location of the event and the capacity, as well as the applicable supporting documentation for the reported capacity.
- (2) In the case of multiple events within a year, a person subject to this tariff shall file with Re:Sound, by January 31 of the following year, the fee for all events within the year together with a report of the name, location and capacity for each event, as well as the applicable supporting documentation for the reported capacity.
- (3) Where the total royalties payable for a year under subsection (2) exceed $500, payments and reporting for the rest of that year and for the following year shall be made on a quarterly basis.
K. Theatrical, Dance and Other Similar Live Performances, 2008-2015
Definitions
46. In this tariff,
“admission” includes all persons entitled to attend the event including free admissions; (« entrée »)
“event” means a single performance or show with a start and end time and a single location; (« événement »)
“incidental” means the use of sound recordings at an event for either less than ten per cent (10%) of the length of the event or for less than ten (10) minutes in total duration for the event, excluding intermissions and the entrance and exit of audiences before and after the event. (« accessoire »)
Application
- 47. (1) This tariff sets the royalties to be paid to Re:Sound for the years 2008-2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers' performances of such works as a part of theatrical, dance, acrobatic arts, integrated arts, contemporary circus arts or other similar live performances.
- (2) This tariff does not apply to events that are subject to another Re:Sound tariff, including Re:Sound Tariffs 5.A-5.J.
- (3) Where this tariff applies to an event, it applies to all uses of sound recordings at the event, whether inside or outside the venue, including sound recordings played during intermissions and during the entrance and exit of the audience, as well as the use of sound recordings as a part of the live entertainment.
- (4) This tariff does not apply to events where sound recordings are not used as a part of the live entertainment and are only played during intermissions or during the entrance and exit of the audience. Where not otherwise subject to another Re:Sound tariff, such uses of sound recordings are subject to Re:Sound Tariff 3 (Background Music).
- (5) This tariff applies in addition to Re:Sound Tariff 3 (Background Music) and any other applicable Re:Sound tariffs for any uses of sound recordings other than during the event.
Royalties
- 48. (1) The fee payable per event is
- (a) 0.8¢ per admission, where the use of sound recordings is incidental; and
- (b) 3.2¢ per admission, for all other events.
- (2) The royalties payable pursuant to paragraph (1)(a) are subject to a minimum fee of $15 per event. The royalties payable pursuant to paragraph (1)(b) are subject to a minimum fee of $30 per event. Where royalties are paid for multiple events on an annual basis pursuant to subsection 4(2), they are subject to an annual minimum fee of $50 instead of a minimum fee per event. For the purposes of calculating the minimum fee payable, an event may include multiple performances, performers and locations included within the same admission.
Reporting Requirements
- 49. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound, by no later than thirty (30) days after the event, the fee for that event together with a report of the name and location of the event and the number of admissions. If the number of admissions is not tracked, a good faith and reasonable estimate shall be provided. Where royalties are payable pursuant to paragraph 3(1)(a), the report shall include the duration of use of sound recordings at the event in minutes and the duration of use of sound recordings as a percentage of the total length of the event, excluding intermissions and the entrance and exit of audiences before and after the event.
- (2) In the case of multiple events within a year, a person subject to this tariff shall file with Re:Sound, by January 31 of the following year, the fee for all events within the year and report the name and location of each event, the number of admissions per event, and whether the royalties are calculated pursuant to either paragraph 3(1)(a) or 3(1)(b). If the number of admissions is not tracked, a good faith and reasonable estimate shall be provided. Where royalties are payable pursuant to paragraph 3(1)(a), the report shall include for each event the duration of use of sound recordings at the event in minutes and the duration of use of sound recordings as a percentage of the total length of the event, excluding intermissions and the entrance and exit of audiences before and after the event.
- (3) Where the total royalties payable for a year under subsection (2) exceed $500, payments and reporting for the rest of that year and for the following year shall be made on a quarterly basis.