PROPOSED TARIFF
Filed with the Copyright Board by SOCAN on 2021-10-15 pursuant to subsection 67(1) of the Copyright Act
Proposed Tariff Title: SOCAN Tariff 3.B, Cabarets, Cafes, Clubs, Cocktail Bars, Dining Rooms, Lounges, Restaurants, Roadhouses, Taverns, and Similar Establishments - Recorded Music Accompanying Live Entertainment (2023-2025)
For the public performance of musical or dramatico-musical works
Effective Period: 2023-01-01 – 2025-12-31
SOCAN TARIFF 3.B, CABARETS, CAFES, CLUBS, COCKTAIL BARS, DINING ROOMS, LOUNGES, RESTAURANTS, ROADHOUSES, TAVERNS, AND SIMILAR ESTABLISHMENTS - RECORDED MUSIC ACCOMPANYING LIVE ENTERTAINMENT (2023-2025)
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 Cana da, 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 terms “licence” and “licence to perform” mean a licence to perf orm 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 herein. SOCAN shall have the right at any time to terminate a licence for breach of terms or conditions upon 30 days’ notice in writing.
Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on 3 November 2021
Tariff No. 3 CABARETS, CAFES, CLUBS, COCKTAIL BARS, DINING ROOMS, RESTAURANTS, ROADHOUSES, TAVERNS AND SIMILAR ESTABLISHMENTS
LOUNGES,
B. Recorded Music Accompanying Live Entertainment For a licence to perform, by means of recorded music, at any time and as often as desired in the years 2023 to 2025, any or all of the works in SOCAN’s repertoire, as an integral part of live entertainment in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments, the fee payable by the establishment shall be 2 per cent of the compensation for entertainment paid in the year covered by the licence, subject to a minimum annual fee of $79.83.
“Compensation for entertainment” means the total amounts paid by the licensee to, plus any other compensation received by, all performers, for entertainment of which recorded music forms an integral part. It does not include expenditures for stage props, lighting e quipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.
No later than January 31 of the year covered by the licence, the licensee shall pay to SOCAN the estimated fee owing for that year, as follows. If any music was performed as part of entertainment in the previous year, the payment is based on the compensation paid for entertainment during that year, and accompanied by a report of the actual compensation paid f or entertainment during that year. If no music was performed as part of entertainment in that year, the licensee shall file a report estimating the expected compensation for entertainment during the year covered by the licence and pay according to that report.
No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual compensation paid for entertainment during the previous year and an adjustment of the licence fee shall be made accordingly. Any monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.
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 licensee.
This tariff does not apply to the use of music in adult entertainment clubs.
Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on 3 November 2021