Copyright Board |
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Commission du droit d'auteur |
CB-CDA 2025-056
Notice of the Board
Matter : SOCAN Tarif 3.C – Adult Entertainment Clubs (2026-2028)
July 9, 2025
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[1] I have examined the above-mentioned proposed tariff.
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[2] Since this tariff is aimed at the same users as in Re:Sound Tariff 6.C – Use of Recorded Music to Accompany Adult Entertainment (2019-2023) (see 2021 CB 2), I am of the preliminary view that harmonizing the treatment of information received through the tariff of both would simplify the reporting burden of users. In my preliminary view, it would also potentially facilitate its administration through EnTandem, a joint venture between SOCAN and Re:Sound as noted in the Re:Sound tariff reasons cited above.
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[3] I therefore am considering adding the following provision to the approved tariff. This is similar to a clause in the Re:Sound proposed tariff noted above.
Confidentiality
[New 7]. (1) Subject to subsections (2), (3) and (4), information received pursuant to this tariff shall be treated in confidence, unless the person who supplied the information consents in writing to the information being treated otherwise.
(2) Information received pursuant to this tariff may be shared:
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(a)with SOCAN’s agents and service providers, to the extent required by the service providers for the service they are contracted to provide;
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(b)in connection with the collection of royalties or the enforcement of the tariff, with Re:Sound;
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(c)with the Copyright Board;
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(d)in connection with proceedings before the Copyright Board, if it is protected by a confidentiality order;
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(e)to the extent required to effect the distribution of royalties; or
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(f)if required by law.
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(3)Where confidential information is shared with service providers as per subsection (2)(a), those service providers shall sign a confidentialityagreement.
(4) Subsection (1) does not apply to information that is publicly available, to aggregated information, or to information obtained from someone other than the person who supplied the information and who is not under an apparent duty of confidentiality to that person with respect to the supplied information.
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[4] SOCAN may make submissions on this change by Wednesday, July 23, 2025.
Drew Olsen
Member