Copyright Board |
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Commission du droit d’auteur |
[CB-CDA 2024-070]
ORDER OF THE BOARD
Matter: SOCAN Commercial Radio – Public Performance of Music (2007-2018)
September 18, 2024
[1] On May 23, 2023, the Board issued Order CB-CDA 2023-028 requesting that SOCAN and Re:Sound provide additional information about their settlement discussions with the objectors to the proposed tariffs under consideration in the Commercial Radio – Public Performance of Music [SOCAN: 2007-2018; Re:Sound: 2009-2020] proceeding.
[2] In its response dated June 14, 2023, SOCAN informed the Board that SOCAN and the CAB had concluded a settlement agreement with respect to SOCAN Tariff 1.A for the period 2014-2018, and SOCAN Tariffs 22.3, 22.B and 22.C for the period 2007-2018. They informed the Board that the terms of Tariff 1.A (2011-2013) and Tariff 22.B (1996-2006) would apply to CAB members’ activities for the period up to the end of 2018.
[3] SOCAN also informed the Board that SOCAN and the CAB had exploratory discussions in respect of activities covered by SOCAN’s proposed Tariff 22.B for the period 2019 and onwards, and that SOCAN expected to continue those discussions.
[4] Finally, SOCAN advised the Board that the next required step was for the Parties to formally request that the Board approve the tariffs at issue in this proceeding.
[5] On October 31, 2023, in Order CB-CDA 2023-054, the Board indicated that no further update was required from the parties and that it would inform the parties once it was ready to proceed with the consideration of SOCAN’s proposed tariffs.
[6] The Board is now ready to proceed with the consideration of SOCAN’s proposed tariffs (See Annex). However, before it does so, additional information is required.
[7] By Wednesday, October 2, 2024, SOCAN and the CAB shall file a formal request that the Board approve some or all of the proposed tariffs at issue in this proceeding. This request should clearly identify the proposed tariffs and activities that the Parties are asking the Board to approve and address whether SOCAN intends to withdraw proposed tariffs 22.3 and 22.C.
[8] In doing so, SOCAN and the CAB shall also file:
· a jointly-submitted text in the form of a single tariff to be approved, including a French version; and
· any other information required by Practice Notice on Filing of Jointly-Submitted Texts in a Proceeding [PN 2022-005 rev. 1].
[9] In addition, SOCAN and the CAB shall address the effect on this matter, if any, of the recent approval of SOCAN Tariff 22.B – Commercial Radio and Satellite Radio (2007-2018).
[10] Finally, SOCAN and the CAB shall provide an update on any negotiations that may have taken place with respect to the tariffs that apply to commercial radio for the period 2019 and onwards, and address whether the Board should add any subsequent years to this proceeding, and if so, which ones.
Drew Olsen
Vice-Chair Copyright Board
ANNEX
SOCAN Proposed Tariffs – Commercial radio (2007-2018)
SOCAN Tariff 1.A – Commercial Radio (2014)
SOCAN Tariff 1.A – Commercial Radio (2015)
SOCAN Tariff 1.A – Commercial Radio (2016)
SOCAN Tariff 1.A – Commercial Radio (2017)
SOCAN Tariff 1.A – Commercial Radio (2018)
SOCAN Tariff – 22.C – Webcasts of Radio Signals [Commercial radio simulcasting portion only] (2009)
SOCAN Tariff – 22.C – Webcasts of Radio Signals [Commercial radio simulcasting portion only] (2010)
SOCAN Tariff – 22.C – Webcasts of Radio Signals [Commercial radio simulcasting portion only] (2011)
SOCAN Tariff – 22.C – Webcasts of Radio Signals [Commercial radio simulcasting portion only] (2012)
SOCAN Tariff – 22.C – Webcasts of Radio Signals [Commercial radio simulcasting portion only] (2013)