PROPOSED TARIFF Filed with the Copyright Board by SOCAN on 2023-10-15 pursuant to subsection 67(1) of the Copyright Act
Proposed Tariff Title: SOCAN Tariff 1.B – Radio – Non-Commercial Radio other than the Canadian Broadcasting Corporation (2025-2027)
For the communication to the public by telecommunication of musical or dramatico-musical works.
Effective Period: 2025-01-01 – 2027-12-31
SOCAN TARIFF 1.B, RADIO – NON-COMMERCIAL RADIO OTHER THAN THE CANADIAN BROADCASTING CORPORATION (2025-2027)
Proposed statement of royalties to be collected by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) in compensation for the communication to the public by telecommunication, in Canada, of musical or dramatico-musical works forming part of its repertoire.
Royalties To communicate to the public by telecommunication over the air or over the Internet, at any time and as often as desired in the years 2025-2027, any or all of the works in SOCAN’s repertoire by a non-commercial AM, FM or Internet-only radio station other than a station of the Canadian Broadcasting Corporation, the royalty payable is 1.9 per cent of the station’s gross operating costs in the year covered by this tariff. For greater certainty, “the station’s gross operating costs” includes its gross Internet operating costs.
Terms and Conditions No later than January 31 of the year covered by this tariff, the user shall pay the estimated royalty owing for that year. The payment shall be accompanied by a report of the station’s actual gross operating costs for the previous year. The royalty is subject to adjustment when the actual gross operating costs for the year covered by the tariff have been determined and reported to SOCAN.
If broadcasting takes place for less than the entire year, an application must be made to operate under this tariff by the end of the first month of broadcasting on the form to be supplied by SOCAN and, together with the application form, the station shall forward its remittance for the estimated
Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 15, 2023.
royalties payable. For the purpose of this tariff, “non-commercial AM, FM or Internet-only radio station” shall include any station that is non-profit or not-for-profit, whether or not any part of its operating expenses is funded by advertising revenues.
Tariff 1.B does not apply to the use of music in connection with the transmission by a distribution undertaking of a pay audio signal.
SOCAN shall have the right to audit the user’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the royalties payable by the user.
All amounts payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.
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 1% above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.
Published by the Copyright Board of Canada, in accordance with section 68.2 of the Copyright Act, on November 15, 2023.