ORDER OF THE BOARD

Matters: Re:Sound Tariff 3.B – Background Music (2021-2022, 2023-2026); Re:Sound Tariffs 5.A to 5.J – Live Events (2016-2020, 2021-2025);

Re:Sound Tariff 6.A – Use of Recorded Music to Accompany Dance (2019-2023, 2024-2028)

July 11, 2024

ORDER DEALING WITH INFORMATION FOR WHICH CONFIDENTIAL TREATMENT MAY BE CLAIMED

1. Inthisorder,

“confidential information” and “highly confidential information” mean documents or information that a supplier reasonably believes are so sensitive that their disclosure to persons other than those authorized pursuant to this order would reasonably be expected to result in injury to the supplier or to the person who supplied the documents or information to the supplier;

“confidentiality agreement” means the agreement set out in Appendix A to this order;

“external counsel” means, unless otherwise indicated, external counsel for a participant to these matters;

“internal counsel” means, unless otherwise indicated, internal counsel for a participant to these matters;

“recipient” means a participant to these matters who receives documents or information from a supplier; and

“supplier” means any person or entity, whether or not a participant to these matters, who supplies documents or information to a recipient as part of these matters.

2. The purpose of this order is to facilitate the use of confidential and highly confidential information in the Re:Sound Tariff 3.B – Background Music (2021-2022, 2023-2026); Re:SoundTariffs5.Ato5.J–LiveEvents(2016-2020,2021-2025);andRe:SoundTariff

6.A – Use of Recorded Music to Accompany Dance (2019-2023, 2024-2028) matters before the Copyright Board of Canada (the Board).

3. Thisorderappliestodocumentsandinformationthatasupplierdesignatesasconfidential information or highly confidential information.

4. Counseltoarecipientshallexecuteanddelivertheconfidentialityagreementtocounseltoa supplier.

5. Documentsandinformationsubjecttothisordershallbesuppliedbyasuppliertoexternal or internal counsel for a recipient and shall be disclosed only to any other person authorized pursuant to this order.

6. Subjecttoparagraphs8and10,confidentialinformationdesignatedassuchbyasupplier and received by counsel to a recipient shall not be disclosed to anyone except:

• (a)externalcounsel’sstaff,internalcounselandstaffofinternalcounsel’slegal department;

• (b)personsretainedbytherecipientasanexternalexpertorconsultant(otherthana director or employeeof a participant) for thepurposes of these matters, and that person’s staff;

• (c)notmorethantenrepresentatives,designatedbytherecipient,whoaredirectorsor employees of the recipient and, if possible, members of the recipient’s executive management team; and

• (d)other persons expressly designated by the supplier by way of written authorization identifyingthespecificdocument(s)orinformationtowhichtheauthorizationapplies.

7. Subjecttoparagraphs8and10,highlyconfidentialinformationdesignatedassuchbya supplierand received by counsel to arecipient shall not be disclosed to anyone except:

• (a)externalcounsel’sstaff,internalcounselandstaffofinternalcounsel’slegal department;

• (b)personsretainedbytherecipientasanexternalexpertorconsultant(otherthana director or employeeof a participant) for thepurposes of these matters, and that person’s staff; and

• (c)other persons expressly designated by the supplier by way of written authorization identifyingthespecificdocument(s)orinformationtowhichtheauthorizationapplies.

8. Nodocumentorinformationthatissubjecttothisordermaybedisclosedtoapersonunless permitted by this order and unless and until the confidentiality agreement executed by that

person has been delivered to external counsel to the supplier. Notwithstanding the

foregoing, staff of the recipient’s external counsel are not required to execute and deliver a confidentiality agreement, so long as the recipient’s external counsel has done so.

9. Nothinginthisorderpreventssuppliersorrecipientsfromdisclosingconfidentialorhighly confidential information to Members and staff of the Copyright Board, provided such disclosure complies with this order.

10. The executed confidentiality agreement referred to in paragraph 8 must be delivered to counseltoasupplierthreeclearworkingdaysbeforeanydocumentorinformationsubject to this order is disclosed. The supplier may, within that time, object to the disclosure of documents or information to the person who has signed the agreement. The supplier may waive the objection period by informing the recipient. If an objection is made, no documents or information subject to this order shall be disclosed to the person until the Board has ruled on the objection and, thereafter, only if permitted by the Board’s ruling.

11. PursuanttoPracticeNoticePN2019-001rev.1onFormatofElectronicDocuments,aparty may designate information as confidential or highly confidential by highlighting the confidential information in yellow and the highly confidential information in blue. All highlighted text should be clearly legible. Where an entire page is either confidential or highly confidential, a yellow or blue page colour, as the case may be, should be applied to that page only.

12. Statements of Case and written representations submitted to the Board that refer to confidential information or highly confidential information shall clearly identify in footnotesareferencetothedocumentfromwhichtheconfidentialorhighlyconfidential information is derived and the name of the supplier of the document or information.

13. Anyone who intends to use, in connection with these matters, documents or information subject to this order, or any summary, aggregations or reproduction, in whole orin part, of such documents or information, shall attempt to agree with the supplier on a manner in whichthedocumentorinformationmaybeputintothepublicrecordor,alternatively,ona form that, though it may require confidential treatment, will minimize the risks and difficulties associated with dealing with the document or information. Any confidentiality claim relating to documents or information intended to be used in connection with these matters, including documents or information subject to this order, shall be dealt with

pursuant to the Board’s Rules of Practice and Procedure.

14. Where information subject to this order can be conveniently aggregated with similar information provided by others, it shall not be a breach of this order for the recipient to aggregate the information, on the conditions that all those who supplied the disaggregated informationconsenttotheaggregatedinformationbeingprovidedtotheothersandthatthe aggregated result is shared with all the suppliers who provided the disaggregated information. Unless all those who supplied the disaggregated information consent, the

aggregated information shall be treated as highly confidential information if any of the disaggregated information was designated as such and otherwise shall be treated as confidential information.

15. All documents and information that are subject to this order shall be destroyed within 30 days following completion of these matters, including any applications for judicial review andanyappealstherefrom,exceptwhererequiredbystatuteorregulationtoberetained,or where retained pursuant to paragraph 20.

16. Any authorization provided pursuant to paragraph 7(c) may be withdrawn by the supplier, eitherinitsentiretyorinrelationonlytospecifichighlyconfidentialinformation,bywritten notice to the person designated in that authorization. That person shall destroy the documentsandinformationthataresubjecttothenoticewithin10daysfollowingreceiptof the notice.

17. Notwithstandingparagraphs15or16,externalandinternalcounseltoarecipientmayretain incounsel’sfilesdocumentsandinformationsubjecttothisorder,andanymaterialsderived therefrom, after these matters are completed. Experts or consultants retained by a recipient may,totheextentnecessarytosatisfyanyprofessionalrecordkeepingobligations,retainin their confidential files documents and information subject to this order, and any materials derived therefrom, after these matters are completed.

18. Furthermore, experts orconsultants retained by arecipient may, to theextent necessary to satisfyanyprofessionalrecordingkeepingobligations,retainintheirconfidentialfilespart or all of the information subject to this order.

19. Documentsandinformationsubjecttothisordershallbeused bythosetowhomtheyare disclosed pursuant to this order only for the purposes of these matters, and for no other purpose.

20. A person may retain in that person’s confidential files any material prepared by or for that personwhichdoesnotreplicatedocumentsorinformationsubjecttothisorderbutwhich,if itself disclosed, could lead indirectly to the disclosure of information subject to this order.

21. Allinformationthatisexemptfromdestructionbyoperationofclause15or16shallbe subject to this order until it is destroyed.

22. Thisorderdoesnotrestrictinanywaytheuseby asupplierofdocuments orinformation that it has designated as confidential information or highly confidential information.

23. Anyonewhoisoftheviewthatthisorderisinappropriatefordealingwith anydocuments or information subject to this order, or that a supplier’s designation of certain documents or information as confidential information or highly confidential information under this orderisinappropriate,shallattempttoresolvetheissuewiththe otherparticipantstothese matters, failing which they may apply for further direction from the Board.

24. Anyparty mayfilearequest with the Board tomodify this order.

APPENDIX “A” COPYRIGHT BOARD OF CANADA CONFIDENTIALITY AGREEMENT

Matters: Re:Sound Tariff 3.B – Background Music (2021-2022, 2023-2026); Re:Sound Tariffs 5.A to 5.J – Live Events (2016-2020, 2021-2025);

Re:Sound Tariff 6.A – Use of Recorded Music to Accompany Dance (2019-2023, 2024-2028)

IN CONSIDERATION of being provided with documents and information in connection with these matters over which claims for confidentiality have been advanced, I, , of the City of , in the Province of , agree to maintain the confidentiality of such documents and information. I shall not disclose such documents and information to anyone other than a person authorized pursuant to the Copyright Board’s Order [CB-CDA 2024-055] of July 11, 2024, (the “Order”), nor shall I use them for any purpose other than in connection with these matters.

I have read the Order, a copy of which is attached hereto, and agree to be bound by it. I acknowledge that any breach of this agreement shall be considered to be a breach of the Order. I also acknowledge and agree that the person who supplied the document or information may not have an adequate remedy at law and would be irreparably harmed in the event that any of the provisions of this agreement are not performed in accordance with its specific terms or otherwise breached. Accordingly, I agree that the person shall be entitled to injunctive relief to prevent breaches of this agreement and to specifically enforce its terms and provisions, in addition to any other remedy to which the person may be entitled at law or in equity.

I shall comply with the provisions of the Order with respect to the retention and destruction of all documents and information that are subject to the Order.

I hereby submit to the jurisdiction of the Copyright Board of Canada and the Federal Court of Canada, for the purposes of this agreement and the Order and any necessary enforcement or injunction proceedings.

Signed before a witness this day of , .