Commission du droit d’auteur Canada
November 5, 2019
In accordance with section 68.2 of the Copyright Act, the Copyright Board hereby publishes the following proposed tariffs:
• SOCAN, Sports Events (2021-2023) • SOCAN Tariff 22.A (Online Music Services), (2021-2023) • SOCAN Tariff No. 22.A.R, Reproduction of Musical Works Embedded in Music Videos for Transmission by a Service (2021-2023)
• SOCAN, Internet – Commercial Radio, Satellite Radio and Pay Audio (2021-2023) • SOCAN, Internet – Other Audio Websites (2021-2023) • SOCAN, Internet – Audiovisual Content (2021-2023) • SOCAN Tariff No. 22.D.1.R, Reproduction of Musical Work Embedded in Audiovisual Works for Transmission by a Service (2021-2023)
• SOCAN, Internet – User-Generated Content (2021-2023) • SOCAN, Allied Audiovisual Services (2021-2023) • SOCAN, Internet – Canadian Broadcasting Corporation (2021-2023) • SOCAN, Internet – Game Sites (2021-2023) • SOCAN, Satellite Radio Services (2021-2023) By that same section, the Copyright Board hereby gives notice to any person affected by theses proposed tariffs.
Users or their representatives who wish to object to the above-mentioned proposed tariffs may 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 tariff under paragraph 68.2(a), that is no later than December 5, 2019.
Lara Taylor Secretary General Copyright Board Canada 56 Sparks Street, Suite 800 Ottawa, Ontario K1P 5A9 Telephone: 613-952-8624 Registry-greffe@cb-cda.gc.ca
PROPOSED TARIFF Filed with the Copyright Board pursuant to subsection 67(1) of the Copyright Act 2019-10-15
SOCAN Tariff 9 For the public performance of musical or dramatico-musical works 2021-01-01 – 2023-12-31 Proposed citation: SOCAN, Sports Events (2021–2023)
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 to perform” means a licence to perform in public or to authorize the performance in public.
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. 9 SPORTS EVENTS For a licence to perform, at any time and as often as desired for the years 2021-2023, any or all of the works in SOCAN’s repertoire, by means of performers in person or by means of recorded music, in connection with baseball, football, hockey, basketball, skating competitions, races, track meets and other sports events, the fee payable per event shall be:
Year
2021
2022
2023
Per cent of gross receipts from ticket sales, exclusive of any applicable taxes
0.120
0.122
0.124
In all cases, the minimum fee payable for an event, including an event to which the admission is free, is $5. A complimentary ticket is valued at half the lowest price paid for a sold ticket from the same ticket category in the same event.
No later than 30 days after the end of each quarter, the licensee shall file with SOCAN a report for that quarter of the actual number of events, together with payment of the licence fees.
A licence to which Tariff 9 applies does not authorize performances of music at opening and closing events for which an additional admission charge is made; for such events, Tariff 4 shall apply.
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.