Canada Gazette, Part I, Volume 154, Number 49: Re:Sound Tariff 1.B.2 – Non-Commercial Simulcasts and Webcasts (2013-2019)
OTTAWA, SATURDAY, DECEMBER 5, 2020
Re:Sound Tariff 1.B.2 – Non-Commercial Simulcasts and Webcasts (2013-2019)
Citation: 2020 CB 017-T
See also: Re:Sound Tariff 1.B.2 (2013-2019), 2020 CB 017
Published pursuant to section 70.1 of the Copyright Act
RE:SOUND TARIFF 1.B.2 – NON-COMMERCIAL SIMULCASTS AND WEBCASTS (2013-2019)
1. This tariff may be cited as Re:Sound Tariff 1.B.2 – Non-Commercial Simulcasts and Webcasts (2013-2019).
2. In this tariff,
- means the Copyright Act, R.S.C. 1985, c. C-42, as modified; (« Loi »)
- means any device capable of receiving and playing a file, including a computer, digital media player, cellular phone, smartphone, or tablet; (« appareil »)
- 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 »)
- 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 in regard to 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 in regard to 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 »)
- means the simultaneous communication, to a device, of an over-the-air radio broadcast via the Internet or another digital network, in which the communication is identical to the original signal and over which the recipient is unable to exercise any control in regard to 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 »)
- 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 »)
- means a person or organization that carries out a webcast, including a simulcast; (« webdiffuseur »)
- means a calendar year. (« année »)
3. (1) This tariff sets the royalties to be paid by a noncommercial webcaster, for the years 2013 to 2019, 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 subparagraph 68.1 of the Act.
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 $25 per year.
(2) The royalties payable for all simulcasts carried out by a non-commercial webcaster shall be $25 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).
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, semiinteractive 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: email@example.com, 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 by electronic bank transfer (EBT), or be delivered by hand or by postage-paid mail. Where a payment is made 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 the day it was transmitted.
10. Royalties owned on or before December 4, 2020, as a result of this tariff shall be due on March 4, 2021, and shall be increased by using the multiplying interest factor (based on the Bank Rate) set out in the following table with respect to each period. Information required under subsection 4(3) and section 7 shall be filed with the payment. The name and URL from which the webcast was offered, required under paragraph 7(e), and the date of the first webcast or simulcast, required under paragraph 7(f), shall be supplied only if they are available.