Copyright Board |
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Commission du droit d’auteur |
[CB-CDA 2024-075]
NOTICE OF THE BOARD
Matter: Commercial Radio – Public Performance of Music [SOCAN: 2007-2018; Re:Sound: 2009-2020]
October 2, 2024
[1] On January 24, 2018, the Board informed the parties that it would consider in a single proceeding the following proposed tariffs applicable to over-the-air broadcasts and simulcasts of musical works and sound recordings by commercial radio stations:
SOCAN
• Tariff 1.A – Commercial Radio (2014, 2015, 2016, 2017, 2018)
• Tariff 22.3 – Webcasts of Radio Stations Signals (2007, 2008) (Commercial radio simulcasting portion only)
• Tariff 22.C – Webcasts of Radio Signals (2009, 2010, 2011, 2012, 2013) (Commercial radio simulcasting portion only)
• Tariff 22.B – Commercial Radio, Satellite Radio, and Pay Audio (2014, 2015, 2016, 2017, 2018) (Commercial radio simulcasting portion only)
Re:Sound
• Tariff 1.A – Commercial Radio (2015-2017, 2018-2020)
• Tariff 1.A.2 – Commercial Radio Simulcasts (2016-2017)
• Tariff 8 – Simulcasting and Webcasting (2009-2012) (Commercial radio simulcasting portion only)
• Tariff 8 – Simulcasting, Non-Interactive Webcasting and Semi-Interactive
[2] On July 20, 2018, the CAB informed the Board that it has reached a tentative agreement with SOCAN.
[3] On July 27, 2018, the CAB informed the Board that it had engaged in settlement discussions with Re:Sound. It asked the Board to suspend the proceeding pending such discussions. The Board accepted this request and CAB and Re:Sound filed monthly reports on the status of their negotiations.
[4] Re:Sound subsequently filed proposed tariffs for the years 2021-2023 and 2024-2028, and SOCAN for the years 2019, 2020-2021, 2022-2024 and 2025-2027.
[5] On May 23, 2023, the Board requested additional information about the settlement discussions between Re:Sound and the CAB and SOCAN and the CAB.
[6] On June 8, 2023, Re:Sound informed the Board that it had reached an agreement with the CAB with respect to over-the-air broadcasts for the years 2015 to 2022 and simulcasts for the years 2009-2022, and that they were in the process of finalizing those documents.
[7] On June 14, 2023, SOCAN informed the Board that it had concluded a settlement agreement with the CAB with respect to over-the-air radio broadcasts for 2014 to 2018 and simulcasts for the years 2007-2018.
[8] On March 8, 2024, Re:Sound and the CAB requested that the Board approve Re:Sound commercial radio tariff for the years 2009 to 2022 in the form of a jointly-submitted text.
[9] On July 5, 2024, Re:Sound and the CAB asked the Board to approve Re:Sound commercial radio tariff for the period 2009 to 2025, and modified the joint settlement text previously filed to reflect the extension of the applicable period.
[10] Given the foregoing, the Board informs the parties that the examination of the SOCAN and Re:Sound proposed tariffs in relation to the public performance of music by commercial radio stations will proceed separately.
I. Proceeding for Re:Sound Proposed Tariffs
[11] The Board is ready to resume the examination of the Re:Sound proposed tariffs on the basis of the jointly-submitted text filed by Re:Sound and the CAB.
[12] At this time, the Board does not have any questions to address to Re:Sound and the CAB.
II. Proceeding for SOCAN Proposed Tariffs
[13] The Board recently issued Order CB-CDA 2024-070 in which it requested more information in order to complete the file.
[14] Once the requested information is received, further direction will be provided.
Drew Olsen
Vice-Chair Copyright Board