Copyright Board Canada
Commission du droit d’auteur Canada
October 30, 2020 In accordance with section 68.2 of the Copyright Act, the Copyright Board hereby publishes the following proposed tariffs:
SOCAN Tariff 1.A – Commercial Radio, 2022-2024 SOCAN Tariff 1.B – Non-commercial Radio Other than the CBC, 2022-2024 SOCAN Tariff 2.A – Commercial Television Stations, 2022-2024 SOCAN-SODRAC Tariff 2.A.R – Commercial Television, 2022-2024 SOCAN Tariff 3.A – Cabarets, Cafes, Clubs, etc. – Live Music, 2022-2024 SOCAN Tariff 4.A – Live Performances at Concert Halls, etc. – Popular Music Concerts, 2022-2024 SOCAN Tariff 4.B – Live Performances at Concert Halls, etc. – Classical Music Concerts , 2022-2024 SOCAN Tariff 5.A – Exhibitions and Fairs, 2022-2024 SOCAN Tariff 5.B – Concerts at Exhibitions and Fairs, 2022-2024 SOCAN Tariff 6 – Motion Picture Theatres, 2022-2024 SOCAN Tariff 14 – Performance of an Individual Work, 2022-2024 SOCAN Tariff 15.A – Background Music in Establishments not Covered by Tariff 16 – Background Music, 2022-2024 SOCAN Tariff 15.B – Background Music in Establishments not Covered by Tariff 16 – Telephone Music on Hold, 2022-2024 SOCAN Tariff 16 – Background Music Suppliers, 2022-2024 SOCAN Tariff 17 – Transmission of Pay, Specialty and Other Television Services by Distribution Undertakings, 2022-2024 SOCAN Tariff 23 – Hotel and Motel In-Room Services, 2022-2024
By that same section, the Copyright Board hereby gives notice to any person affected by these proposed tariffs that users or their representatives who wish to object to the above-mentioned proposed tariffs must file written objections with the Board, at the address indicated below, no later than the 30th day after the day on which the Board published the proposed tariffs, that is no later than November 30, 2020.
Lara Taylor Secretary General Copyright Board Canada 56 Sparks Street, Suite 800 Ottawa, Ontario K1P 5A9 Telephone: 613-952-8621 Registry-greffe@cb-cda.gc.ca
PROPOSED TARIFF
Filed with the Copyright Board pursuant to subsection 67(1) of the Copyright Act
SOCAN
For the public performance of musical or dramatico-musical works
Proposed citation: SOCAN Tariff 14, Performance of an Individual Work (2022-2024)
PROPOSED STATEMENT OF ROYALTIES TO BE COLLECTED BY THE SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA (SOCAN)
in compensation for the right to perform in public, in Canada, musical or dramatico-musical works forming part of its repertoire.
GENERAL PROVISIONS All amounts payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.
As used in this tariff, the term “licence” means a licence to perform in public or to authorize the performance in public.
Except where otherwise specified, fees payable for any licence granted by SOCAN shall be due and payable upon grant of the licence. 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 one per cent above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.
Each licence shall subsist according to the terms set out therein. SOCAN shall have the right at any time to terminate a licence for breach of terms or conditions upon 30 days’ notice in writing.
Tariff No. 14 PERFORMANCE OF AN INDIVIDUAL WORK For the performance, in the years 2022-2024, of an individual work or an excerpt therefrom by a performer or contrivance at any single event when that work is the sole work performed from the repertoire of SOCAN, the fee payable shall be as follows:
When the performance of the work does not last more than three minutes:
Potential Audience
500 or less 501 to 1 000 1 001 to 5 000 5 001 to 10 000 10 001 to 15 000 15 001 to 20 000 20 001 to 25 000
Musical Group or Orchestra with or with- out Vocal Accompani- ment
$5.35 $6.27 $13.37 $18.66 $24.01 $29.30 $34.60
Single Instrument with or without Vocal Accompaniment
$2.72 $4.11 $6.68 $9.36 $12.03 $14.65 $17.33
25 001 to 50 000 $40.05 $17.48 50 001 to 100 000 $45.45 $22.72 100 001 to 200 000 $59.33 $26.63 200 001 to 300 000 $66.68 $33.31 300 001 to 400 000 $79.94 $39.95 400 001 to 500 000 $93.36 $46.68 500 001 to 600 000 $106.67 $53.26 600 001 to 800 000 $119.94 $59.58 800 001 or more $133.25 $66.68 When the performance of a work lasts more than three minutes, the above rates are increased as follows:
Increase (%) Over 3 and not more than 7 minutes 75 Over 7 and not more than 15 minutes 125 Over 15 and not more than 30 minutes 200 Over 30 and not more than 60 minutes 300 Over 60 and not more than 90 minutes 400 Over 90 and not more than 120 minutes 500 If more than one work from SOCAN’s repertoire is performed during any particular event, the fees shall be calculated under other applicable tariffs.
SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licen-see.