Canada Gazette, Part I, Volume 158, Number 18: SUPPLEMENT

May 4, 2024

SUPPLEMENT Vol. 158, No. 18

Canada Gazette

Part I

OTTAWA, Saturday, May 4, 2024

COPYRIGHT BOARD

SOCAN Tariff 4.A – Popular Music Concerts (2018-2024)

• Citation: SOCAN Tariff 4.A (2018-2024), 2024 CB 2-T
• See also: SOCAN Tariff 4.A (2018-2024), 2024 CB 2

Published pursuant to section 70.1 of the Copyright Act

Lara Taylor
Secretary General
1‑833‑860‑7131 (toll-free number)
registry-greffe@cb-cda.gc.ca (email)

Tariff 4.A

LIVE PERFORMANCES AT CONCERT HALLS, THEATRES AND OTHER PLACES OF ENTERTAINMENT – POPULAR MUSIC CONCERTS (2018-2024)

Definitions

1. In this tariff,

“Free concert”

includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.

“Performers”

include DJs when they are the featured performer and their identity forms part of material used to promote the event.

Application

2. This tariff sets the royalties to be paid for the performance and authorization to perform, by means of performers in person at a concert in the years 2018-2024, of any or all of the works in SOCAN’s repertoire, at concert halls, theatres and other places where entertainment is presented, including open-air events.

3. For greater certainty, this tariff applies to the performance of musical works by lip synching or miming.

4. This tariff does not apply to

• (a) the communication to the public of musical works over the internet;
• (b) the live performance in public of musical works in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments; and
• (c) the performance of recorded music at events that are held primarily for purposes of dancing or any similar activity.

5. Users may elect to pay royalties and file reports under either section 6 (per event royalties) or section 7 (annual royalties).

Per Event Royalties (“Tariff 4.A.1”)

6. (1) The royalty fee payable per concert is

• (a) 3% of gross receipts from ticket sales of paid concerts, exclusive of any applicable taxes, with a minimum royalty fee per concert of $35; or
• (b) 3% of royalty fees paid to singers, musicians, dancers, conductors and other performers during a free concert, with a minimum royalty fee per concert of $35.

(2) In addition to the reporting required by section 8, users that elect to pay royalties under section 6 shall, no later than 30 days after the concert,

• (a) pay the royalties due for the concert; and
• (b) report the gross receipts from the ticket sales or the total royalty fees paid to the performers, including all singers, musicians, dancers, conductors, and other performers, as may be applicable.

Annual Royalties (“Tariff 4.A.2”)

7. (1) The annual royalty fee payable per concert is

• (a) 3% of gross receipts from ticket sales of paid concerts, exclusive of any applicable taxes, with a minimum annual royalty fee of $60; or
• (b) 3% of royalty fees paid to singers, musicians, dancers, conductors and other performers during a free concert, with a minimum annual royalty fee of $60.

(2) Users that elect to pay royalties under section 7 shall estimate the royalty fee payable for the year for which the tariff applies, based on the total gross receipts or royalty fees paid for the previous year, and shall pay any such estimated royalty fee to SOCAN on or before January 31 of the year for which the tariff applies. Payment of the royalty fee shall be accompanied by a report of the gross receipts or royalty fees paid for the previous year.

(3) If the gross receipts or royalty fees paid reported for the previous year were not based on the entire year, payment of this royalty fee shall be accompanied by a report estimating the gross receipts or royalty fees paid for the entire year for which the tariff applies.

(4) On or before January 31 of the following year, a report shall be made of the actual gross receipts or royalty fees paid during the calendar year for which the tariff applies, an adjustment of the royalty fee payable to SOCAN shall be made, and any additional royalty fees due on the basis of the actual gross receipts or royalty fees paid. If the royalty fee due is less than the amount paid, SOCAN shall credit the user with the amount of the overpayment.

Reporting

8. Regardless of the user’s election under section 5, the user shall, no later than 30 days after the concert,

• (a) provide the legal names, addresses and telephone numbers of the concert promoters, if any, and the owners of the venue where the concert took place (if other than the user);
• (b) provide the name of the acts at the concert, if available; and
• (c) provide the title of each musical work performed, if available.

Administrative Provisions

9. SOCAN shall have the right to audit the user’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the royalty fee payable by the user.

10. Any amount not received by the due date shall bear interest from that date until the date the amount is received. Interest shall be calculated daily, at a rate equal to 1% above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

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