Canada Gazette, Part I, Volume 153, Number 19: Proposed Statements of Royalties to Be Collected 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

May 11, 2019

COPYRIGHT BOARD

Proposed Statements of Royalties to Be Collected 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 67.1(5) of the Copyright Act, the Copyright Board hereby publishes the proposed statements of royalties filed by Re:Sound Music Licensing Company (Re:Sound) on March 28, 2019, with respect to royalties it proposes to collect, effective January 1, 2020, 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 the provisions of the same subsection, the Board hereby gives notice that all prospective users or their representatives who wish to object to the proposed statements of royalties may file written objections with the Board, at the address indicated below, within 60 days of the publication hereof, that is no later than July 10, 2019.

Ottawa, May 11, 2019

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)

PROPOSED STATEMENT OF ROYALTIES TO BE COLLECTED FROM COMMERCIAL RADIO STATIONS BY RE:SOUND FOR THE COMMUNICATION TO THE PUBLIC BY TELECOMMUNICATION AND THE PERFORMANCE IN PUBLIC, IN CANADA, OF PUBLISHED SOUND RECORDINGS EMBODYING MUSICAL WORKS AND PERFORMERS’ PERFORMANCES OF SUCH WORKS FOR THE YEARS 2021-2023

Tariff No. 1

RADIO

A. Commercial Radio

Short Title

1. This tariff may be cited as the Re:Sound Commercial Radio Tariff, 2021-2023.

Definitions

2. In this tariff,

• “collective societies,” “collectives” or “societies” means SOCAN, Re:Sound, CSI, Connect/SOPROQ and Artisti; (« sociétés de gestion »)
• “device” means any device capable of receiving and playing a file, including a computer, digital media player, cellular phone, smartphone, or tablet; (« appareil »)
• “file” means a digital file of a sound recording of a musical work or a part thereof, whether or not that sound recording has been published, is in the public domain, is eligible to receive equitable remuneration or is within the repertoire of Re:Sound; (« fichier »)
• “gross income” means the gross amounts paid by any person for the use of one or more broadcasting services or facilities provided by a station’s operator, including the value of any goods or services provided by any person in exchange for the use of such services or facilities, and the fair market value of non-monetary consideration (e.g. barter or “contra”), but excluding the following:
  • (a) 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, including the gross amounts received by a station pursuant to turn-key contracts with advertisers, shall be included in the “gross income”;
  • (b) amounts received for the production of a program that is commissioned by someone other than the station and which becomes the property of that person;
  • (c) income from non-interactive streaming or semi-interactive streaming subject to Re:Sound Tariff 8 and simulcasting income;
  • (d) the recovery of any amount paid to obtain the exclusive national or provincial broadcast rights to a sporting event, if the station can establish that the station was also paid normal fees for station time and facilities; 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 subsequently 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 »)
• “low-use station (sound recordings)” means a station that
  • (a) broadcasts published sound recordings of musical works for less than 20 per cent of its total broadcast time (excluding production music) during the reference month; and
  • (b) keeps and makes available to Re:Sound complete recordings of its last 90 broadcast days; (« station utilisant peu d’enregistrements sonores »)
• “month” means a calendar month; (« mois »)
• “play” means a single communication of a file or a part thereof, to a single person; (« écoute »)
• “production music” means music used in interstitial programming such as commercials, public service announcements and jingles; (« musique de production »)
• “reference month” means the second month before the month for which royalties are being paid; (« mois de référence »)
• “service provider” means a professional service provider which may be retained by a collective society to assist in its operations including the conduct of an audit, maintenance or improvements to its database or other information technology systems, licensing, enforcement of tariffs, or the distribution of royalties to rights holders; (« prestataire de services »)
• “simulcast” means the simultaneous, unaltered, real-time communication of an over-the-air broadcast signal to which this tariff applies, via the Internet or other digital network, to a device, which is identical to the original signal and over which the recipient exercises no control over the content or the timing of the communication. For example, the recipient cannot skip, pause, rewind or fast-forward the communication of a file or influence the content of the communication by indicating a preference for a musical genre, artist or sound recording; (« diffusion simultanée »)
• “simulcasting income” includes all direct and indirect revenues of a station’s simulcasts in Canada, including, but not limited to:
  • (a) user revenues, which means all payments made by, on behalf of, or to enable, users to access the simulcast, including, but not limited to, subscriber fees, connect time charges, access or activation fees and any administrative fees, whether made directly to the station broadcaster or to any entity under the same or substantially the same ownership, management or control, or to any other person, firm or corporation including, but not limited to, any partner or co-publisher of the station broadcaster, pursuant to an agreement or as directed or authorized by any agent or employee of the station broadcaster; and
  • (b) sponsor revenue, which means all payments made by or on behalf of sponsors, advertisers, program suppliers, content providers, or others in connection with the simulcast including, but not limited to, advertising included within the simulcast or played upon selecting a link to the simulcast, or on banner adverts on media players and pop up windows associated with media players whilst the media player is delivering the simulcast, payments associated with syndicated selling, online franchising, associate or affiliate programs, bounty, e-commerce or other revenue including revenue from the sale, design, development, manufacture, rental or installation of receiving devices and any other hardware and accessories used in the reception of the simulcast and also includes the value of any goods or services received from any source as barter in connection with the simulcast including, but not limited to, barter received in exchange for providing advertising time or space;

For greater certainty, simulcasting income includes all income accruing from any allied or subsidiary business that is a necessary adjunct to the simulcast and which results in the use of the simulcast, including the gross amounts received by the station broadcaster pursuant to a turn-key contract with an advertiser; (« revenu provenant de la diffusion simultanée »)

• “year” means a calendar year. (« année »)

Application

3. (1) This tariff sets the royalties to be paid each month by commercial radio stations:

• (a) to communicate to the public by telecommunication in Canada, published sound recordings embodying musical works and performers’ performances of such works by over-the-air radio broadcasting and simulcast; and
• (b) to perform in public by means of any radio receiving, set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made, published sound recordings embodying musical works and performers’ performances of such works.

(2) This tariff does not apply to a communication to the public by telecommunication that is subject to another Re:Sound tariff, including the SOCAN-Re:Sound Pay Audio Services Tariff, the Satellite Radio Services Tariff or Re:Sound Tariff 8. For greater certainty, this tariff does not apply to the communication to the public by telecommunication of sound recordings to end-users via the Internet or another digital network, to a device, except by simulcast.

Royalties Payable

4. A low-use station (sound recordings) shall pay to Re:Sound

• (a) 3.44 per cent of its gross income for the reference month in respect of the communication to the public by telecommunication by over-the-air broadcast referred to in paragraph 3(1)(a);
• (b) the greater of
  • (i) 3.44 per cent of its simulcasting income for the reference month, or
  • (ii) $0.00126 for each play of a file in Canada by simulcast,

subject to a minimum annual fee of $500 per station, in respect of the communication to the public by telecommunication by simulcast referred to in paragraph 3(1)(a); and

• (c) 0.5 per cent of its gross income for the reference month in respect of the performance in public referred to in paragraph 3(1)(b).

5. Except as provided in section 4, a station shall pay to Re:Sound on its income for the reference month

• (a) 6.61 per cent on its first $625,000 gross income in a year, 6.61 per cent on its next $625,000 gross income in a year, and 9.64 per cent on the rest in respect of the communication to the public by telecommunication by over-the-air broadcast referred to in paragraph 3(1)(a);
• (b) the greater of
  • (i) 9.64 per cent of its simulcasting income, or
  • (ii) $0.00126 for each play of a file in Canada by simulcast,

subject to a minimum fee of $500 per station, in respect of the communication to the public by telecommunication by simulcast referred to in paragraph 3(1)(a); and

• (c) 0.5 per cent of its gross income in respect of the performance in public referred to in paragraph 3(1)(b).

For the purposes of determining royalties payable under section 5, where two or more stations are owned by the same company, the station shall pay royalties based on the total combined gross income for the year of all of the stations owned by the company.

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

Reporting Requirements

7. No later than the first day of each month, a station shall pay the royalties for that month and report for the reference month

• (a) the station’s gross income;
• (b) the station’s simulcasting income, including, where applicable, the total number of subscribers (including both free and paid subscriptions) and the total amounts paid by them;
• (c) the total simulcast audience relative to the over-the-air broadcast audience, the number of listeners and listening hours or, if not available, any other available indication of the extent of the listeners’ use of simulcast;
• (d) the number of plays of each file by simulcast; and
• (e) the total number of plays of all files by simulcast.

8. At any time during the period set out in subsection 10(2), Re:Sound may require the production of any contract granting rights referred to in paragraph (d) of the definition of “gross income,” together with the billing or correspondence relating to the use of these rights by other parties.

Information on Repertoire Use

9. (1) No later than the 14th day of each month, a station shall provide to Re:Sound, the full sequential lists of all published sound recordings embodying musical works or parts thereof, broadcast during each day of the previous month. For greater clarity, sequential list reporting requires full music use reporting for each day of the month, for 365 days per year. Each entry shall include the following information:

• (a) the date of the broadcast;
• (b) the time of the broadcast;
• (c) the title of the sound recording;
• (d) the name of the record label or maker that released the sound recording;
• (e) the name of each author of the musical work;
• (f) the name of the music publisher associated with the musical work;
• (g) the name of each performer or group to whom the sound recording is credited;
• (h) the running time of the sound recording as broadcast, in minutes and seconds;
• (i) the running time of the sound recording as listed on the album, in minutes and seconds;
• (j) if the sound recording was released as part of an album, the name, identifier, product catalogue number and Universal Product Code (UPC) assigned to the album, together with the associated disc and track numbers;
• (k) the International Standard Recording Code (ISRC) assigned to the sound recording;
• (l) the International Musical Work (ISWC) assigned to the musical work;
• (m) the Global Release Identifier (GRid) assigned to the sound recording and, if applicable, the GRid of the album or bundle in which the sound recording was released;
• (n) the type of usage (feature, theme, background, etc.);
• (o) any alternative title used to designate the musical work or sound recording; and
• (p) the cue sheets for all syndicated programming, with the relevant music use information inserted into the Excel report.

(2) The information set out in subsection (1) shall be provided electronically, in Excel format or in any other format agreed upon by Re:Sound and the station, with a separate field for each piece of information required in subsection (1) other than the cue sheets which are to be used to insert the relevant music use information into each field of the report.

Records and Audits

10. (1) A station shall keep and preserve, for a period of six months after the end of the month to which they relate, records from which the information set out in section 9 can be readily ascertained.

(2) A station shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the information set out in section 7 can be readily ascertained.

(3) Re:Sound may audit these records at any time during the period set out in subsection (1) or (2), on reasonable notice and during normal business hours.

(4) Re:Sound shall, upon receipt, supply a copy of the report of the audit to the station that was audited and to the other collective societies.

(5) If an audit discloses that royalties owed to Re:Sound have been understated in any month by more than 10 per cent, the station that was subject to the audit shall pay the reasonable costs of the audit within 30 days of the demand for such payment. The amount of any understatement shall be paid within 30 days of the demand for such payment.

Confidentiality

11. (1) Subject to subsections (2) and (3), information received from a station pursuant to this tariff shall be treated in confidence, unless the station that supplied the information consents in writing and in advance to each proposed disclosure of its information.

(2) Information received from a station pursuant to this tariff may be shared

• (a) with Re:Sound’s agents and service providers;
• (b) amongst the collective societies;
• (c) with the Copyright Board;
• (d) in connection with proceedings before the Copyright Board, if it is protected by a confidentiality order;
• (e) to the extent required to effect the distribution of royalties; or
• (f) if required by law.

(3) Subsection (1) does not apply to information that is publicly available, to aggregated information, or to information obtained from someone other than the station that supplied the information and who is not under an apparent duty of confidentiality to that station with respect to the supplied information.

Adjustments

12. Adjustments in the amount of royalties owed as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due. No adjustments to reduce the amount of royalties owed may be made in respect of an error discovered by the station, which occurred more than 12 months prior to notification to Re:Sound.

Late Payments and Reporting

13. (1) In the event that a station does not pay the amount owed under this tariff or provide the reporting required by section 7 by the due date, the station shall pay to Re:Sound interest calculated on the amount payable for the relevant period from the due date until the date both the amount and the report are received by Re:Sound. 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.

(2) In the event that a station does not provide the music use reporting required by section 9 within seven days of the due date, upon written notice by Re:Sound, the station shall pay to Re:Sound a late fee based on the number of days from the due date to the date the reporting is received by Re:Sound of

• (a) $10.00 per day for the first 30 days after the due date;
• (b) $20.00 per day for the next 30 days; and
• (c) $50.00 per day thereafter;

until the reporting is received.

Addresses for Notices, etc.

14. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: radio@resound.ca, fax number: 416‑962‑7797, or to any other address, email address or fax number of which a station has been notified in writing.

(2) Anything addressed to a station shall be sent to the last address, email address or fax number of which Re:Sound has been notified in writing.

Delivery of Notices and Payments

15. (1) A notice may be delivered by hand, by postage-paid mail, by fax, by email or by file transfer protocol (FTP). A payment may be made by credit card or delivered by hand, by postage-paid mail or by electronic bank transfer (EBT). Where a payment is delivered by EBT, the associated reporting required under section 7 shall be provided concurrently to Re:Sound by email.

(2) The information set out in sections 7 and 9 shall be sent by email.

(3) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed.

(4) Anything sent by fax, by email, by FTP or by EBT shall be presumed to have been received the day it was transmitted.

PROPOSED STATEMENT OF ROYALTIES TO BE COLLECTED BY RE:SOUND FOR 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 2020-2024

Tariff No. 1.B.2

NON-COMMERCIAL SIMULCASTERS, NON-INTERACTIVE WEBCASTERS AND SEMI-INTERACTIVE WEBCASTERS OTHER THAN THE CANADIAN BROADCASTING CORPORATION

Short Title

1. This tariff may be cited as the Re:Sound Non-Commercial Online Tariff, 2020-2024.

Definitions

2. In this tariff,

• “Act” means the Copyright Act, R.S.C. 1985, c. C-42, as modified; (« Loi »)
• “device” means any device capable of receiving and playing a file, including a computer, digital media player, cellular phone, smartphone, or tablet; (« appareil »)
• “file” means a digital file of a sound recording of a musical work or a part thereof; (« fichier »)
• “interactive webcast” refers to any webcast through which a specific file can be communicated to a member of the public at a place and at a time individually chosen by that member of the public; (« webdiffusion interactive »)
• “month” means a calendar month; (« mois »)
• “non-commercial webcaster” means any webcaster other than the Canadian Broadcasting Corporation, that is owned and operated by a not-for-profit organization including any campus webcaster and community webcaster, whether or not any part of the webcaster’s operating costs are funded by advertising revenues; (« webdiffuseur non commercial »)
• “non-interactive webcast” refers to a webcast other than a simulcast, over which the recipient is unable to exercise any control over the content or the timing of the webcast. For example, the recipient cannot skip or pause the communication of a file or influence the content by indicating a preference for a musical genre, artist or sound recording other than by selecting the channel; (« webdiffusion non interactive»)
• “semi-interactive webcast” refers to a webcast over which the recipient has the ability to exercise some level of control over the content or the timing of the webcast, such as by skipping, pausing, rewinding or fast-forwarding the communication of a file or by indicating a preference for a musical genre, artist or sound recording; (« webdiffusion semi-interactive »)
• “simulcast” means the simultaneous communication of an over-the-air radio broadcast via the Internet or another digital network, to a device, which is identical to the original signal and over which the recipient is unable to exercise any control over the content or the timing of the communication. For example, the recipient cannot skip, pause, rewind or fast-forward the communication of a file or influence the content of the communication by indicating a preference for a musical genre, artist or sound recording; (« diffusion simultanée »)
• “webcast” means the communication in Canada, via the Internet or another digital network, to a device, of one or more files, that are intended to be reproduced onto the device only to the extent required to allow listening to the files at substantially the same time as when the files are communicated; (« webdiffusion »)
• “webcaster” means a person or organization who carries out a webcast, including a simulcast; (« webdiffuseur »)
• “year” means a calendar year. (« année »)

Application

3. (1) This tariff sets the royalties to be paid by a noncommercial webcaster, for the years 2020 to 2024, for the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works in the repertoire of Re:Sound by simulcast, non-interactive webcast and semi-interactive webcast.

(2) For greater certainty, this tariff does not apply to

• (a) over-the-air broadcasts by non-commercial radio stations which are subject to Re:Sound Tariff 1.B, 1998-2021;
• (b) a simulcast of programming to which the CBC Radio Tariff (SOCAN, Re:Sound), the Commercial Radio Tariff (SOCAN, Re:Sound, CSI, Connect/SOPROQ, Artisti), the Pay Audio Services Tariff (SOCAN, Re:Sound) or the Satellite Radio Services Tariff (SOCAN, Re:Sound) applies;
• (c) an interactive webcast or download;
• (d) a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a) of the Act; or
• (e) a podcast or transmission of a program previously transmitted (whether or not it has been converted to another audio file format) for playback on a device.

(3) This tariff is not subject to the special royalty rates set out in section 68.1 of the Act.

Royalties

4. (1) The royalties payable for all non-interactive webcasts and semi-interactive webcasts (other than simulcasts) carried out by a non-commercial webcaster shall be $500.00 per year.

(2) The royalties payable for all simulcasts carried out by a non-commercial webcaster shall be $500.00 per year.

(3) The payment made pursuant to subsection (1) and/or (2) shall be accompanied by a description of the webcasting and/or simulcast service the non-commercial webcaster offers or intends to offer.

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

Payments and Reporting

6. No later than January 1 of each year, a non-commercial webcaster shall pay the fee(s) owing for that year and provide the report required under subsection 4(3).

Webcaster Identification

7. No later than 45 days after the end of the first month during which a non-commercial webcaster carries out a webcast pursuant to section 3, the webcaster shall provide to Re:Sound the following information:

• (a) the name of the webcaster, including
  • (i) the name of the corporation or other entity, its jurisdiction, the names of its principal officers and any other trade name under which it carries on business; or
  • (ii) the name of the proprietor of an individual proprietorship;
• (b) the address of its principal place of business and, if applicable, the address of an office in Canada if the principal place of business is located outside Canada;
• (c) the name, address and email of the persons to be contacted for the purposes of notice, for the exchange of data and for the purposes of invoicing and payment;
• (d) the name and address of any authorized distributor;
• (e) the name and Uniform Resource Locator (URL) from which the webcast is or will be offered;
• (f) the date(s) of its first non-interactive webcast, semi-interactive webcast and/or simulcast in Canada; and
• (g) documentation to substantiate that the webcaster is a non-commercial webcaster.

Interest on Late Payments

8. 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.

Delivery of Notices and Payments

9. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: internet@resound.ca, fax number: 416‑962‑7797, or to any other address, email address, or fax number of which the non-commercial webcaster has been notified in writing.

(2) Anything addressed to a non-commercial webcaster shall be sent to the last address, email address, or fax number of which Re:Sound has been notified in writing.

(3) A notice may be delivered by hand, by postage-paid mail, by fax, by email or by file transfer protocol (FTP). A payment may be made by credit card or delivered by hand, by postage-paid mail or by electronic bank transfer (EBT). Where a payment is delivered by EBT, the associated reporting required under subsection 4(3) shall be provided concurrently to Re:Sound by email.

(4) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed.

(5) Anything sent by fax, by email, by FTP or by EBT shall be presumed to have been received on the day it was transmitted.

PROPOSED STATEMENT OF ROYALTIES TO BE COLLECTED FROM THE CANADIAN BROADCASTING CORPORATION BY RE:SOUND FOR 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 2020-2021

Tariff No. 1

RADIO

C. Canadian Broadcasting Corporation (CBC)

Short Title

1. This tariff may be cited as the Re:Sound CBC Radio & Simulcasts Tariff, 2020-2021.

Definitions

2. In this tariff,

• “device” means any device capable of receiving and playing a file, including a computer, digital media player, cellular phone, smartphone, or tablet; (« appareil »)
• “file” means a digital file of a sound recording of a musical work or a part thereof, whether or not that sound recording has been published, is in the public domain, is eligible to receive equitable remuneration or is within the repertoire of Re:Sound; (« fichier »)
• “month” means a calendar month; (« mois »)
• “play” means a single communication of a file or a part thereof, to a single person; (« écoute »)
• “simulcast” means the simultaneous communication of an over-the-air CBC radio broadcast to which this tariff applies, via the Internet or another digital network, to a device, which is identical to the original signal and over which the recipient exercises no control over the content or the timing of the communication. For example, the recipient cannot skip, pause, rewind or fast-forward the communication of a file or influence the content of the communication by indicating a preference for a musical genre, artist or sound recording; (« diffusion simultanée »)
• “year” means a calendar year. (« année »)

Application

3. (1) This tariff sets the royalties to be paid to Re:Sound by the CBC for the communication to the public by telecommunication, in Canada, for private or domestic use, of published sound recordings embodying musical works and performers’ performances of such works, by over-the-air radio broadcasting and simulcast by the radio networks and stations owned and operated by the CBC.

(2) This tariff does not apply to a communication to the public by telecommunication that is subject to another Re:Sound tariff, including Re:Sound Tariffs 3.A, 3.B, 8, the Satellite Radio Services Tariff or the SOCAN-Re:Sound Pay Audio Services Tariff. For greater certainty, this tariff does not apply to the communication to the public by telecommunication of sound recordings to end-users via the Internet or another digital network, to a device, except by simulcast.

Royalties

4. (1) CBC shall pay to Re:Sound on the first day of each month, $250,000 for its over-the-air radio broadcasting in that month.

(2) CBC shall pay to Re:Sound no later than 14 days after the end of each month, for its simulcasts in that month, the greater of

• (a) $37,500; and
• (b) $0.00126 for each play of a file in Canada by simulcast.

(3) Together with its monthly payment under subsection 4(2), CBC shall provide Re:Sound with a report setting out

• (a) the number of plays of each file by simulcast;
• (b) the total number of plays of all files by simulcast; and
• (c) the total simulcast audience relative to the over-the-air broadcast audience.

(4) All royalties payable under this tariff are exclusive of any applicable federal, provincial or other governmental taxes or levies of any kind.

Music Use Information

5. (1) No later than 14 days after the end of each month, CBC shall provide to Re:Sound the sequential lists of all musical works and published sound recordings or parts thereof broadcast during the previous month by each of CBC’s conventional radio services, as may be applicable. For greater clarity, sequential list reporting requires full music use reporting for each day of the month, for 365 days per year. Each entry shall include the following information:

• (a) the date of the broadcast;
• (b) the time of the broadcast;
• (c) the title of the sound recording;
• (d) if the sound recording was released as part of an album, the name, identifier, product catalogue number and Universal Product Code (UPC) assigned to the album, together with the associated disc and track numbers;
• (e) the name of the record label or maker that released the sound recording;
• (f) the name of each author of the musical work;
• (g) the name of the music publisher associated with the musical work;
• (h) the name of each performer or group to whom the sound recording is credited;
• (i) the running time of the sound recording as broadcast, in minutes and seconds;
• (j) the running time of the sound recording as listed on the album, in minutes and seconds;
• (k) the International Standard Recording Code (ISRC) assigned to the sound recording;
• (l) the Global Release Identifier (GRid) assigned to the sound recording and, if applicable, the GRid of the album or bundle in which the sound recording was released;
• (m) any alternative title used to designate the musical work or sound recording;
• (n) the type of usage (feature, theme, background, etc.);
• (o) the International Standard Musical Work Code (ISWC) assigned to the musical work;
• (p) the type of broadcast (local, regional);
• (q) the name of the program; and
• (r) the station (including call letters) and location of the station on which the sound recording was broadcast.

(2) The information set out in subsection 5(1) shall be provided electronically, in Excel format or in any other format agreed upon by Re:Sound and CBC, with a separate field for each piece of information required in paragraphs (a) to (r).

Records and Audits

6. (1) CBC shall keep and preserve, for a period of six months after the end of the month to which they relate, records from which the information set out in subsection 5(1) can be readily ascertained.

(2) CBC shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the calculation of CBC’s payment under subsection 4(2) can be readily ascertained, including the information required under subsection 4(3).

(3) Re:Sound may audit these records at any time during the period set out in subsection 6(1) or 6(2), on reasonable notice and during normal business hours.

(4) Re:Sound shall, upon receipt, supply a copy of the report of the audit to CBC and to any other Canadian collective society with a tariff applicable to the CBC.

(5) If an audit discloses that royalties due to Re:Sound under subsection 4(2) have been understated in any month by more than 10 per cent, CBC shall pay the reasonable costs of the audit within 30 days of the demand for such payment. The amount of any understatement shall be paid within 30 days of the demand for such payment.

Late Payments and Reporting

7. (1) In the event that CBC does not pay the amounts owed under subsections 4(1) and 4(2) or provide the reporting required under subsection 4(3) by the due date, CBC shall pay to Re:Sound interest calculated on the amounts payable for the relevant period, from the due date until the date both the amounts and the report are received by Re:Sound. 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.

(2) In the event that CBC does not provide the music use reporting required by subsection 5(1) within seven days of the due date, upon written notice by Re:Sound, CBC shall pay to Re:Sound a late fee based on the number of days from the due date to the date the reporting is received by Re:Sound of

• (a) $10.00 per day for the first 30 days after the due date;
• (b) $20.00 per day for the next 30 days; and
• (c) $50.00 per day thereafter;

until the reporting is received.

Confidentiality

8. (1) Subject to subsections 8(2) and 8(3), information received from the CBC pursuant to this tariff shall be treated in confidence, unless the CBC consents in writing to the information being treated otherwise.

(2) Information received from the CBC pursuant to this tariff may be shared

• (a) with Re:Sound’s agents and service providers;
• (b) with any other Canadian collective society that has a tariff applicable to the CBC;
• (c) with the Copyright Board;
• (d) in connection with proceedings before the Copyright Board, if it is protected by a confidentiality order;
• (e) to the extent required to effect the distribution of royalties; or
• (f) if required by law.

(3) Subsection 8(1) does not apply to information that is publicly available, to aggregated information, or to information obtained from someone other than the CBC and who is not under an apparent duty of confidentiality to the CBC with respect to the supplied information.

Adjustments

9. Adjustments in the amount of royalties owed, as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due. No adjustments to reduce the amount of royalties owed may be made in respect of an error discovered by the CBC which occurred more than 12 months prior to notification to Re:Sound.

Delivery of Notices and Payments

10. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: radio@resound.ca, fax number: 416‑962‑7797 or to any other address, email address or fax number of which the CBC has been notified in writing.

(2) Anything addressed to the CBC shall be sent to the last address, email address or fax number of which Re:Sound has been notified in writing.

(3) A notice may be delivered by hand, by postage-paid mail, by fax, by email or by file transfer protocol (FTP). A payment may be made by credit card or delivered by hand, by postage-paid mail or by electronic bank transfer (EBT). Where a payment is delivered by EBT, the associated reporting shall be provided concurrently to Re:Sound by email.

(4) The information set out in subsection 5(1) shall be sent by email.

(5) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed. Anything sent by fax, by email, by FTP or by EBT shall be presumed to have been received the day it was transmitted.

PROPOSED STATEMENT OF ROYALTIES TO BE COLLECTED BY RE:SOUND FOR 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 2020-2022

Tariff No. 2

PAY AUDIO SERVICES

GENERAL PROVISIONS

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

Short Title

1. This tariff may be cited as the Re:Sound Pay Audio Services Tariff, 2020-2022.

Definitions

2. In this tariff,

• “affiliation payments” means the total amounts payable by a distribution undertaking to a programming undertaking for the transmission for private or domestic use of a pay audio signal, including the total amounts payable for all programming and services provided by the programming undertaking in a bundle with the pay audio signal, without deduction; (« paiements d’affiliation »)
• “device” means any device capable of receiving and playing a file, including a computer, digital media player, cellular phone, smartphone, or tablet; (« appareil »)
• “distribution undertaking” means a distribution undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11, as amended; (« entreprise de distribution »)
• “file” means a digital file of a sound recording of a musical work or a part thereof, whether or not that sound recording has been published, is in the public domain, is eligible to receive equitable remuneration or is within the repertoire of Re:Sound; (« fichier »)
• “pay audio signal” includes all programming and services licensed by the CRTC as a pay audio service as well as all programming and services supplied by a programming undertaking in a bundle with a pay audio service, whether or not for a fee and whether or not licensed by the CRTC as a pay audio service; (« signal sonore payant »)
• “play” means the single communication of a file or a part thereof, to a single person; (« écoute »)
• “premises” has the meaning attributed to it in section 2 of the Regulations, which currently 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 »)
• “programming undertaking” means a programming undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11; (« 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 »)
• “service area” has the meaning attributed to it in section 2 of the Regulations, which currently 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 or audio 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 »)
• “simulcast” means the simultaneous communication of a pay audio signal to which this tariff applies, via the Internet or another digital network, to a device, which is identical to the original signal and over which the recipient is unable to exercise any control over the content or the timing of the communication. For example, the recipient cannot skip, pause, rewind or fast-forward the communication of a file or influence the content of the communication by indicating a preference for a musical genre, artist or sound recording; (« diffusion simultanée »)
• “small cable transmission system” has the meaning attributed to it in sections 3 and 4 of the Regulations, which currently 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, were it not for that 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 if it is 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 »)

“year” means a calendar year (« année »).

Application

3. (1) This tariff sets the royalties to be paid for the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works, for private or domestic use, in connection with the transmission by a distribution undertaking of a pay audio signal or simulcast, for the years 2020-2022.

(2) This tariff does not apply to uses specifically covered by other tariffs, including Re:Sound Tariffs 3.A, 3.B and 8. For greater certainty, this tariff does not apply to the communication to the public by telecommunication of sound recordings to end-users via the Internet or another digital network, to a device, except by simulcast.

Royalties

4. (1) Subject to subsection (2), the royalties payable each month to Re:Sound are

• (a) 15 per cent of the affiliation payments payable for that month by a distribution undertaking; plus
• (b) $0.00126 for each play of a file in Canada by simulcast in that month.

(2) The royalties payable to Re:Sound each 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 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 transmission system,” are
• (d) 7.5 per cent of the affiliation payments payable for that year by a distribution undertaking; plus
• (e) $0.00063 for each play of a file in Canada by simulcast in that year.

Dates of Payments

5. (1) Royalties payable pursuant to subsection 4(1) shall be due on the last day of the month following the month for which the royalties are being paid.

(2) Royalties payable pursuant to subsection 4(2) shall be due on January 31 of the year following the year for which the royalties are being paid.

Reporting Requirements

6. (1) A programming undertaking that makes a payment shall provide with its payment, for the relevant period and with respect to each distribution undertaking to which it supplied a pay audio signal

• (a) the name of the distribution undertaking;
• (b) the list of pay audio signals and simulcasts the programming undertaking supplied to the distribution undertaking for transmission for private or domestic use;
• (c) the amount of the affiliation payments payable;
• (d) the number of plays of each file by simulcast;
• (e) the total number of plays of all files by simulcast; and
• (f) the total simulcast audience relative to the audience of the pay audio signal.

(2) A distribution undertaking that makes a payment shall provide with its payment, for the relevant period and with respect to each programming undertaking from which it purchased a signal

• (a) the name of the programming undertaking;
• (b) the list of pay audio signals and simulcasts supplied to the distribution undertaking by the programming undertaking for transmission for private or domestic use;
• (c) the amount of the affiliation payments payable;
• (d) the number of plays of each file by simulcast;
• (e) the total number of plays of all files by simulcast; and
• (f) the total audience of the simulcast relative to the audience of the pay audio signal.

(3) The following information shall also be provided with respect to any system for which royalties are being paid pursuant to subsection 4(2):

• (a) the number of premises served in the system on the last day of each month for which payment is being made;
• (b) 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 not more than 2 000 premises in its service area; and
• (c) if the system is included in a unit within the meaning of the Definition of “Small Cable Transmission System” 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.

(4) Notwithstanding subsections (1), (2) and (3) above, no later than March 31 of each year, a programming undertaking shall provide Re:Sound with the name of each distribution undertaking to which it supplied a pay audio signal or simulcast for private or domestic use in the previous year. A programming undertaking shall be relieved of this obligation if it has already provided the name of each such distribution undertaking pursuant to its obligations under subsection (1). The programming undertaking shall also indicate who (the programming undertaking or the distribution undertaking) is responsible for paying royalties under this tariff for each distribution undertaking listed.

Sound Recording Use Information

7. (1) No later than the fourteenth day of each month, a programming undertaking shall provide to Re:Sound the full sequential lists of all published sound recordings embodying musical works or parts thereof played on each pay audio signal and simulcast during each day of the previous month. For greater clarity, sequential list reporting requires full music use reporting for each day of the month, for 365 days per year. Each entry shall include the following information:

• (a) the date of the broadcast;
• (b) the time of the broadcast;
• (c) the title of the sound recording;
• (d) the name of each performer or group to whom the sound recording is credited;
• (e) the name of the record label or maker that released the sound recording;
• (f) the name of each author of the musical work;
• (g) the International Standard Recording Code (ISRC) assigned to the sound recording;
• (h) the name of the music publisher associated with the musical work;
• (i) the International Standard Musical Work (ISWC) assigned to the musical work;
• (j) if the sound recording was released as part of an album, the name, identifier, product catalogue number and Universal Product Code (UPC) assigned to the album, together with the associated disc and track numbers;
• (k) the Global Release Identifier (GRid) assigned to the sound recording and, if applicable, the GRid of the album or bundle in which the sound recording was released;
• (l) the running time of the sound recording as broadcast, in minutes and seconds;
• (m) the running time of the sound recording as listed on the album, in minutes and seconds; and
• (n) any alternative title used to designate the musical work or sound recording.

(2) The information set out in subsection (1) shall be provided electronically, in Excel format or in any other format agreed upon by Re:Sound and the programming undertaking, with a separate field for each piece of information.

Records and Audits

8. (1) A programming undertaking shall keep and preserve, for a period of six months after the end of the month to which they relate, records from which the information set out in section 7 can be readily ascertained.

(2) Both the distribution undertaking and the programming undertaking shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which a distribution undertaking’s affiliation payments to the programming undertaking and the calculation of payments under paragraphs 4(1)(b) and 4(2)(e) can be readily ascertained, including the information required under section 6.

(3) Re:Sound may audit these records at any time during the period set out in subsection (1) or (2), on reasonable notice and during normal business hours.

(4) Re:Sound shall, upon receipt, supply a copy of the report of the audit to the undertaking that was the subject of the audit and to any other Canadian collective society with a tariff applicable to pay audio services.

(5) If an audit discloses that royalties due to Re:Sound have been understated in any month by more than 10 per cent, the undertaking that was audited shall pay the reasonable costs of the audit within 30 days of the demand for such payment. The amount of any understatement shall be paid within 30 days of the demand for such payment.

Confidentiality

9. (1) Subject to subsections (2) and (3), information received from an undertaking 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 received from an undertaking pursuant to this tariff may be shared

• (a) with Re:Sound’s agents and service providers;
• (b) with any other Canadian collective society that has a tariff applicable to pay audio services;
• (c) with the Copyright Board;
• (d) in connection with proceedings before the Copyright Board if it is protected by a confidentiality order;
• (e) to the extent required to effect the distribution of royalties; or
• (f) if required by law.

(3) Subsection (1) does not apply to information that is publicly available, to aggregated information, or to information obtained from someone other than the undertaking that supplied the information and who is not under an apparent duty of confidentiality to that undertaking with respect to the supplied information.

Adjustments

10. Adjustments in the amount of royalties owed, as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due. No adjustments to reduce the amount of royalties owed may be made in respect of an error discovered by the undertaking, which occurred more than 12 months prior to notification to Re:Sound.

Late Payments and Reporting

11. (1) In the event that an undertaking does not pay the amounts owed under sections 4 and 5 or provide the reporting required under section 6 by the due date, the undertaking shall pay to Re:Sound interest calculated on the amount payable for the relevant period from the due date until the date both the amount and the report are 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.

(2) In the event that an undertaking does not provide the music use reporting required by section 7 within seven days of the due date, upon written notice by Re:Sound, the undertaking shall pay to Re:Sound a late fee based on the number of days from the due date to the date the reporting is received, of

• (a) $10.00 per day for the first 30 days after the due date;
• (b) $20.00 per day for the next 30 days; and
• (c) $50.00 per day thereafter;

until the reporting is received.

Addresses for Notices, etc.

12. (1) Anything that an undertaking sends to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: payaudio@resound.ca, fax number: 416‑962‑7797, or to any other address, email or fax number of which the undertaking has been notified in writing.

(2) Anything that Re:Sound sends to an undertaking shall be sent to the last address, email or fax number of which Re:Sound has been notified in writing.

Delivery of Notices and Payments

13. (1) A notice may be delivered by hand, by postage paid mail, by email, by fax or by file transfer protocol (FTP). A payment may be made by credit card or delivered by hand, by postage paid mail or by electronic bank transfer (EBT). Where a payment is delivered by EBT, the associated reporting shall be provided concurrently to Re:Sound by email.

(2) The information set out in section 7 shall be sent by email.

(3) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed.

(4) Anything sent by fax, email, by FTP or by EBT shall be presumed to have been received the day it is transmitted.

PROPOSED 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 2021 TO 2025

Tariff No. 5

USE OF MUSIC TO ACCOMPANY LIVE EVENTS

Short title

1. This tariff may be cited as the Re:Sound Live Events Tariff, 2021-2025.

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.

Accounts and Records

4. (1) A person subject to the tariff shall keep and preserve, for a period of six 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 that was the subject of the audit and to any other Canadian collective society with a tariff applicable to live events.

(4) If an audit discloses that the royalties owed to Re:Sound during any reporting period have been understated by more than 10 per cent, the subject of the audit shall pay the reasonable costs of the audit to Re:Sound within 30 days of the demand for such payment. The amount of any understatement shall be paid within 30 days of the demand for such payment.

Confidentiality

5. (1) Subject to subsections (2) and (3), information received pursuant to this tariff shall be treated in confidence, unless the person who supplied the information consents in writing to the information being treated otherwise.

(2) Information received pursuant to this tariff may be shared

• (a) with Re:Sound’s agents and service providers;
• (b) in connection with the collection of royalties or the enforcement of a tariff, with SOCAN;
• (c) with the Copyright Board;
• (d) in connection with proceedings before the Copyright Board, if it is protected by a confidentiality order;
• (e) to the extent required to effect the distribution of royalties; or
• (f) if required by law.

(3) Subsection (1) does not apply to information that is publicly available, to aggregated information, or to information obtained from someone other than the person subject to this tariff who supplied the information and who is not under an apparent duty of confidentiality to that person with respect to the supplied information.

Adjustments

6. Adjustments in the amount of royalties owed, as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due. No adjustments to reduce the amount of royalties owed may be made in respect of an error discovered by a person subject to this tariff which occurred more than 12 months prior to notification to Re:Sound.

Late Payments and Reporting

7. (1) In the event that a person subject to this tariff does not pay the amounts owed under the tariff by the due date, the person shall pay to Re:Sound interest calculated on the amount payable for the relevant period from the due date until the date the amount is received by Re:Sound.

(2) In the event that a person subject to this tariff does not provide the reporting information required under the tariff by the due date, Re:Sound may provide notice of that default (“Default Notice”). If the person does not cure the default within 30 days of receipt of a Default Notice by providing the reporting information that is past due and that is specified in the Default Notice, the person shall pay to Re:Sound interest calculated on the amount payable in respect of the period for which the reporting information is due, from the due date to the date that the reporting information is received by Re:Sound, less any interest paid pursuant to subsection (1).

(3) 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, facsimile number: 416‑962‑7797, or to any other address, email, 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 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, by fax or by file transfer protocol (FTP). A payment may be made by credit card or delivered by hand, by postage paid mail or by electronic bank transfer (EBT). Where a payment is delivered by EBT, the associated reporting shall be provided concurrently to Re:Sound by email.

(2) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed.

(3) Anything sent by fax, by email, by FTP or by EBT shall be presumed to have been received the day it was transmitted.

A. RECORDED MUSIC ACCOMPANYING LIVE ENTERTAINMENT

Definitions

1. 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 10 per cent of the length of the event or for less than 10 minutes in total duration for the event, excluding intermissions and the entrance and exit of audiences before and after the event. (« accessoire »)

Application

2. (1) This tariff sets the royalties to be paid to Re:Sound, 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 any type of live entertainment event, including theatrical, dance, acrobatic arts, integrated arts, contemporary circus arts or other live performances.

(2) This tariff does not apply to events that are subject to another Re:Sound tariff, including Re:Sound Tariffs 5.B-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.B (Background Music) or Re:Sound Tariff 3.A (Background Music Suppliers).

(5) This tariff applies in addition to Re:Sound Tariff 3.A or 3.B and any other applicable Re:Sound tariffs for any uses of sound recordings other than during the event.

Royalties

3. (1) The fee payable per event is

• (a) 1.92¢ per admission, where the use of sound recordings is incidental; and
• (b) 7.68¢ per admission, for all other events.

(2) The royalties payable pursuant to paragraph (1)(a) are subject to a minimum fee of $36.00 per event. The royalties payable pursuant to paragraph (1)(b) are subject to a minimum fee of $72.00 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 $120.00 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

4. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound by no later than 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 held by a single venue or presenting company, the venue or company 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.

B. RECEPTIONS, CONVENTIONS, ASSEMBLIES AND FASHION SHOWS

Application

1. This tariff sets the royalties to be paid to Re:Sound, 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

2. 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	Fee per event with dancing
1-100	$33.92	$67.87
101-300	$48.77	$97.64
301-500	$101.79	$203.58
Over 500	$144.21	$288.41

Reporting Requirements

3. No later than 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

Application

1. This tariff sets the royalties to be paid to Re:Sound, 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

2. The annual fee shall be as follows:

• (a) establishments operating with karaoke no more than three days a week: $315.55.
• (b) establishments operating with karaoke more than three days a week: $454.67.

Reporting Requirements

3. No later than January 31 of each year, an establishment 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

Application

1. (1) This tariff sets the royalties to be paid to Re:Sound, 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

2. The fees payable are calculated as follows, based on the average daily attendance (excluding exhibitors and staff and including attendance at any concerts or other separately ticketed events held as part of the festival, exhibition or fair):

Average daily attendance	Fee payable per day
Up to 5 000 persons	$19.20
5 001 to 10 000 persons	$43.20
10 001 to 20 000 persons	$86.40
20 001 to 30 000 persons	$144.00
30 001 to 50 000 persons	$230.40
50 001 to 75 000 persons	$360.00
75 001 to 100 000 persons	$504.00
100 001 to 150 000 persons	$720.00
150 001 to 200 000 persons	$1,008.00
Over 200 000 persons	$1,440.00

Reporting Requirements

3. (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 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

Application

1. (1) This tariff sets the royalties to be paid to Re:Sound, 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 use of sound recordings at the event, whether inside or outside of the venue, and whether such sound recordings are 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 Tariff 3.A (Background Music Suppliers) or Re:Sound Tariff 3.B (Background Music) if only background music is used at the event.

Royalties

2. (1) The fee payable per event is 1.9 per cent of gross receipts from ticket sales, exclusive of sales and amusement taxes, subject to a minimum fee of $102.06 per event.

(2) Where no admission fee is charged for the event, the minimum fee applies.

Reporting Requirements

3. (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 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 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.

F. PARADES

Application

1. This tariff sets the royalties to be paid to Re:Sound, 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

2. The fee payable is $14.49 for each float with recorded music participating in the parade, subject to a minimum fee of $53.71 per day.

Reporting Requirements

3. (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 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

Application

1. (1) This tariff sets the royalties to be paid to Re:Sound, 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

2. (1) The fee payable is $53.71 for each day on which sound recordings are performed, up to a maximum fee of $367.84 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

3. (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 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. SPORTS EVENTS

Application

1. (1) This tariff sets the royalties to be paid to Re:Sound, 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 of 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

2. (1) The fee payable per event shall be as follows, as a percentage of gross receipts from ticket sales, exclusive of sales and amusement taxes:

Period	Percentage of gross receipts from ticket sales
2021	0.30%
2022	0.31%
2023	0.32%
2024	0.33%
2025	0.34%

(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 $15.00 per event applies.

(4) All events are subject to a minimum fee of $15.00 per event.

Reporting Requirements

3. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound no later than 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

Application

1. (1) This tariff sets the royalties to be paid to Re:Sound, 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 sound recordings is incidental.

(2) This tariff applies to all incidental use of sound recordings at the event whether inside or outside of 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

2. The fee payable per event is $60.39.

Reporting Requirements

3. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound by no later than 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

Definitions

1. 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

2. (1) This tariff sets the royalties to be paid to Re:Sound 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

3. The fee payable per event is 0.5104¢ multiplied by the capacity, subject to a minimum fee of $30.00 per event.

Reporting Requirements

4. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound by no later than 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 and report 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.

PROPOSED STATEMENT OF ROYALTIES TO BE COLLECTED BY RE:SOUND FOR 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 2020-2021

Tariff No. 8

NON-INTERACTIVE AND SEMI-INTERACTIVE STREAMING

Short Title

1. This tariff may be cited as the Re:Sound Non-Interactive and Semi-Interactive Streaming Tariff, 2020-2021.

Definitions

2. In this tariff,

• “Act” means the Copyright Act, R.S.C. 1985, c. C-42, as modified; (« Loi »)
• “channel” means an individual program or playlist which a user selects to initiate a communication of a file. For example, if a service offers 10 different musical genres and within each genre, there are a further 10 sub-genres, the selection of each of which initiates the streaming of a different playlist, the service has 100 channels. For semi-interactive streams that permit a user to customize a program or playlist, each such individually customized program or playlist constitutes one channel; (« chaîne »)
• “device” means any device capable of receiving and playing a file, including a computer, digital media player, cellular phone, smartphone, or tablet; (« appareil »)
• “file” means a digital file of a sound recording of a musical work or a part thereof, whether or not that sound recording has been published, is in the public domain, is eligible to receive equitable remuneration or is within the repertoire of Re:Sound; (« fichier »)
• “gross revenues” includes all direct and indirect revenues of a service with respect to its communications in Canada by non-interactive stream, semi-interactive stream and by simulcast (except a simulcast excluded under paragraph 3(1)(a)), including, but not limited to
  • (a) user revenues, which mean all payments made by, on behalf of, or to enable users to access the stream, including, but not limited to, subscriber fees, connect time charges, access or activation fees, administrative fees, account history fees, returned payment fees, invoice fees, cancellation fees and hardware transfer and other transfer fees, whether made directly to the service or to any entity under the same or substantially the same ownership, management or control, or to any other person, firm or corporation including, but not limited to, any partner or co-publisher of the service, pursuant to an agreement or as directed or authorized by any agent or employee of the service; and
  • (b) sponsor revenue, which means all payments made by or on behalf of sponsors, advertisers, program suppliers, content providers, or others in connection with the stream including, but not limited to, advertising included within the stream or played upon selecting a link to the stream, or on banner adverts on media players and pop-up windows associated with media players whilst the media player is delivering the stream, payments associated with syndicated selling, online franchising, associate or affiliate programs, bounty, e-commerce or other revenue including revenue from the sale, design, development, manufacture, rental or installation of receiving devices and any other hardware and accessories used in the reception of the stream and also includes the value of any goods or services received from any source as barter in connection with the stream including, but not limited to, barter received in exchange for providing advertising time or space.

For greater certainty, gross revenues includes all income accruing from any allied or subsidiary business that is a necessary adjunct to the stream and which results in the use of the stream, including the gross amounts received by the service pursuant to a turn-key contract with an advertiser; (« revenus bruts »)

• “month” means a calendar month; (« mois »)
• “non-interactive stream” refers to a stream over which the recipient is unable to exercise any control over the content or the timing of the stream. For example, the recipient cannot skip or pause the communication of a file or influence the content by indicating a preference for a musical genre, artist or sound recording other than by selecting the channel; (« transmission non interactive »)
• “on-demand stream” refers to any stream through which a specific file can be communicated to a member of the public at a place and at a time individually chosen by that member of the public; (« transmission sur demande »)
• “play” means the single communication of a file or a part thereof, to a single person; (« écoute »)
• “semi-interactive stream” refers to a stream over which the recipient has the ability to exercise some level of control over the content or the timing of the stream, such as by skipping, pausing, rewinding or fast-forwarding the communication of a file or by indicating a preference for a musical genre, artist or sound recording; (« transmission semi-interactive »)
• “service” means a person or organization, including an aggregator, who carries out a stream, excluding a non-commercial webcaster that is subject to the Re:Sound Non-Commercial Online Tariff; (« service »)
• “simulcast” means the simultaneous communication of an over-the-air radio, pay audio or satellite radio broadcast via the Internet or another digital network, to a device, which is identical to the original signal and over which the recipient is unable to exercise any control over the content or the timing of the communication. For example, the recipient cannot skip, pause, rewind or fast-forward the communication of a file or influence the content of the communication by indicating a preference for a musical genre, artist or sound recording; (« diffusion simultanée »)
• “stream” means the communication in Canada, via the Internet or another digital network, to a device, of one or more files; (« transmission »)
• “year” means a calendar year. (« année »)

Application

3. (1) This tariff sets the royalties to be paid by a service, for the years 2020-2021, for the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works, other than

• (a) a simulcast of programming to which the CBC Radio Tariff (SOCAN, Re:Sound), the Commercial Radio Tariff (SOCAN, Re:Sound, CSI, Connect/SOPROQ, Artisti), the Pay Audio Services Tariff (SOCAN, Re:Sound) or the Satellite Radio Services Tariff (SOCAN, Re:Sound) applies. For greater certainty, any other simulcasts or non-interactive or semi-interactive streams in Canada are subject to the royalties payable under this tariff including simulcasts by non-Canadian commercial radio stations, and any stream by a commercial radio station, the Canadian Broadcasting Corporation, a pay audio service or satellite radio service that does not constitute a simulcast within the meaning of this tariff;
• (b) an on-demand stream or download;
• (c) a communication in the circumstances referred to in paragraph 15(1.1)(d) or 18(1.1)(a) of the Act;
• (d) a podcast or transmission of a program previously transmitted (whether or not it has been converted to another audio file format) for playback on a device; and
• (e) a communication that is subject to another Re:Sound tariff, including the CBC Radio Tariff (SOCAN, Re:Sound), the Commercial Radio Tariff (SOCAN, Re:Sound, CSI, Connect/SOPROQ, Artisti), the Pay Audio Services Tariff (SOCAN, Re:Sound), the Satellite Radio Services Tariff (SOCAN, Re:Sound), the Background Music Tariff (Re:Sound), or the Background Music Suppliers Tariff (Re:Sound). For greater certainty, an entity that is subject to another Re:Sound tariff is also subject to this tariff with respect to any non-interactive stream or semi-interactive stream with the exception of simulcasts excluded under paragraph (a).

(2) If a service offers an on-demand streaming, download or simulcast service as well as a non-interactive or semi-interactive streaming service, the non-interactive streaming and semi-interactive streaming shall not be treated as part of the on-demand streaming, download or simulcast service.

(3) This tariff is not subject to the special royalty rates set out in section 68.1 of the Act.

ROYALTIES

4. The royalties payable for any given month by a service including the CBC, shall be the greater of

• (a) 21.75 per cent of its gross revenues for that month; or
• (b) $0.00157 for each play of a file in Canada in that month by non-interactive stream, semi-interactive stream, and by simulcast (except a simulcast excluded under paragraph 3(1)(a)),

subject to a minimum annual fee of $500 per channel up to a maximum of $50,000.

Date Payable

5. (1) Royalties payable under section 4 are due 14 days after the end of the month for which they are being paid.

(2) All royalties payable under this tariff are exclusive of any applicable federal, provincial or other governmental taxes or levies of any kind.

(3) Minimum fees are due on the 14th day of January of each year for which they apply, to be credited against the monthly amounts payable under section 4.

REPORTING REQUIREMENTS

Service Identification

6. No later than 14 days after the end of the first month during which a service carries out a stream pursuant to section 3, the service shall provide to Re:Sound the following information:

• (a) the name of the service, including
  • (i) the name of the corporation or other entity, its jurisdiction, the names of its principal officers and any other trade name under which it carries on business, or
  • (ii) the name of the proprietor of an individual proprietorship;
• (b) the address of its principal place of business and, if applicable, the address of an office in Canada if the principal place of business is located outside Canada;
• (c) the name, address and email of the persons to be contacted for the purposes of notice, for the exchange of data and for the purposes of invoicing and payment;
• (d) the name and address of any authorized distributor;
• (e) the name and Uniform Resource Locator (URL) from which the stream is or will be offered;
• (f) whether the stream is non-interactive and/or semi-interactive or both;
• (g) the date(s) of its first non-interactive and/or semi-interactive stream in Canada; and
• (h) the number of channels.

Music Use Information

7. (1) No later than 14 days after the end of each month, a service shall provide to Re:Sound, in relation to each file or part thereof included in a non-interactive and semi-interactive stream and in a simulcast (except a simulcast excluded under paragraph 3(1)(a)) in that month,

• (a) the title of the sound recording;
• (b) the name of each performer or group to whom the sound recording is credited;
• (c) the name of the record label or maker that released the sound recording;
• (d) the name of each author of the musical work;
• (e) the International Standard Recording Code (ISRC) assigned to the sound recording;
• (f) the name of the music publisher associated with the musical work;
• (g) the International Standard Musical Work (ISWC) assigned to the musical work;
• (h) if the sound recording was released as part of an album, the name, identifier, product catalogue number and Universal Product Code (UPC) assigned to the album, together with the associated disc and track numbers;
• (i) the Global Release Identifier (GRid) assigned to the sound recording and, if applicable, the GRid of the album or bundle in which the sound recording was released;
• (j) the running time of the sound recording as streamed, in minutes and seconds;
• (k) the running time of the sound recording as listed on the album, in minutes and seconds;
• (l) any alternative title used to designate the musical work or sound recording; and
• (m) in the case of syndicated programming, the cue sheet, with the relevant music use information inserted into the Excel report.

(2) A service shall provide, as part of the information set out in subsection (1), a report setting out, for that month,

• (a) the number of plays of each file;
• (b) the total number of plays of all files; and
• (c) the gross revenues of the service including, where applicable, the total number of subscribers (including both free and paid subscriptions) and the total amounts paid by them.

(3) The information set out in subsections (1) and (2) shall be provided electronically, in Excel format or in any other format agreed upon by Re:Sound and the service, with a separate field for each piece of information required in subsection (1) other than the cue sheets, which are to be used to insert the relevant music use information into each field of the report.

Adjustments

8. Adjustments to any information provided pursuant to section 6 or 7 shall be provided with the next monthly report provided pursuant to section 7.

9. Adjustments in the amount of royalties owed, as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due. No adjustments to reduce the amount of royalties owed may be made in respect of an error discovered by the service, which occurred more than 12 months prior to notification to Re:Sound.

Records and Audits

10. (1) A service shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the calculation of that service’s payment under this tariff can be readily ascertained, including the information required under subsections 7(1) and (2).

(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 service that was the subject of the audit and to any other Canadian collective society with a tariff applicable to non-interactive streams, semi-interactive streams or simulcasts.

(4) If an audit discloses that the royalties owed to Re:Sound during any reporting period have been understated by more than 10 per cent, the service that was the subject of the audit shall pay the reasonable costs of the audit to Re:Sound within 30 days of the demand for such payment. The amount of any understatement shall be paid within 30 days of the demand for such payment.

Confidentiality

11. (1) Subject to subsections (2) and (3), information received from a service pursuant to this tariff shall be treated in confidence, unless the service that supplied the information consents in writing to the information being treated otherwise.

(2) Information received from a service pursuant to this tariff may be shared

• (a) with Re:Sound’s agents and service providers;
• (b) with any other Canadian collective society that has a tariff applicable to non-interactive streams, semi-interactive streams or simulcasts;
• (c) with the Copyright Board;
• (d) in connection with proceedings before the Copyright Board, if it is protected by a confidentiality order;
• (e) to the extent required to effect the distribution of royalties; or
• (f) if required by law.

(3) Subsection (1) does not apply to information that is publicly available, to aggregated information, or to information obtained from someone other than the service who supplied the information and who is not under an apparent duty of confidentiality to the service with respect to the supplied information.

Late Payments and Reporting

12. (1) In the event that a service does not pay the amounts owed under section 4 or provide the reporting required under subsection 7(2) by the due date, the service shall pay to Re:Sound interest calculated on the amount payable for the relevant period from the due date until the date both the amount and the report are received by Re:Sound. 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.

(2) In the event that a service does not provide the reporting required by subsection 7(1) within seven days of the due date, upon written notice by Re:Sound, the service shall pay to Re:Sound a late fee based on the number of days from the due date to the date the reporting is received by Re:Sound of

• (a) $10.00 per day for the first 30 days after the due date;
• (b) $20.00 per day for the next 30 days; and
• (c) $50.00 per day thereafter;

until the reporting is received.

Addresses for Notices, etc.

13. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: internet@resound.ca, fax number: 416‑962‑7797, or to any other address, email address, or fax number of which the service has been notified in writing.

(2) Anything addressed to a service shall be sent to the last address, email address, or fax number of which Re:Sound has been notified in writing.

Delivery of Notices and Payments

14. (1) A notice may be delivered by hand, by postage-paid mail, by fax, by email or by file transfer protocol (FTP). A payment may be made by credit card or delivered by hand, by postage-paid mail or by electronic bank transfer (EBT). Where a payment is delivered by EBT, the associated reporting required under section 7 shall be provided concurrently to Re:Sound by email.

(2) The information set out in section 7 shall be sent by email.

(3) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed.

(4) Anything sent by fax, by email, by FTP or by EBT shall be presumed to have been received the day it was transmitted.