SUPPLEMENTVol. 155, No. 22PROPOSED TARIFF Canada Gazette Part I
OTTAWA, SATURDAY, MAY 29, 2021
COPYRIGHT BOARD Re:Sound and SOCAN — Stingray Pay Audio and Ancillary Services Tariff (2007–2016) Citation: 2021 CB 5-T See also: Pay Audio Tariff (2007–2016), 2021 CB 5
Published
Filed with the Copyright Board by SOCAN on 2024-10-15 pursuant to section 70.1subsection 67(1) of the Copyright Act
Lara Taylor Secretary General 613-952-8621 (telephone) registry-greffe@cb-cda.gc.ca (email)
RE:SOUND AND
Proposed Tariff Title: SOCAN Tariff 26 – Pay Audio and Ancillary Services (2026-2028)
For the communication to the public by telecommunication of musical or dramatico-musical works.
Effective Period: 2026-01-01 – 2028-12-31
SOCAN — STINGRAYTARIFF 26 – PAY AUDIO AND ANCILLARY SERVICES TARIFF (2007–2016(2026-2028)
1 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
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, which, where applicable, includes the making available of such works to the public by telecommunication in a way that allows a member of the public to have access to them from a place and at a time individually chosen by that member of the public.
Short Title 1. This tariff may be cited as the SOCAN Tariff 26, Pay Audio and Ancillary Services Tariff (2007–2016), 2026-2028.
Definitions 12. In this Tarifftariff, “affiliation payments” means the total payments madeamounts payable by or for a distribution undertaking to Stingray for any servicesa programming undertaking for the distribution of a pay audio service intended for private or domestic use during a payment periodand, in the case where a programming undertaking provides programming and services in a bundle or package that includes a pay audio service, means the total amounts payable to the programming undertaking for the bundle or package; (« paiements d’affiliation »)
“distribution undertaking” means a distribution undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11; (« entreprise de distribution »)
“pay audio affiliation multiplier” is the fraction determined in accordance with subsection 5(2); (« multiplicateur de l’affiliation à l’égard du service sonore payant »)
“pay audio affiliation payment” is the amount determined in accordance with subsection 5(3); (« paiement d’affiliation pour le service sonore payantfile” means a digital file of a sound recording of a musical work or a part thereof; (« fichier »)
“non-interactive webcast service” a webcast service with programming provided by a programming undertaking, where the user does not exercise any control over either the content of the files or the timing of the transmission of the files; (« service de webdiffusion non interactive »)
“pay audio service” means the nationalany pay audio service operated by Stingray licensed in
2 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
Broadcasting Decision CRTC 2008-368 and Broadcasting Decision CRTC 2015-377by the CRTC; (« service sonore payant »)
“payment period” means either a calendar month or: (a) a calendar year, as the case in subsection4(1) may befor a distribution undertaking that is a small cable transmission system; and (b) a calendar month, for a distribution undertaking that is not a small cable transmission system; (« période de paiement »)
“premises” has the same meaning as premises as definedattributed to it in Definitionsection 2 of “Small Cable Transmission System”the Regulations, SOR/94-755, beingwhich currently reads:
“‘premises’ means (a) a dwelling, including a single-unit residence or a single unit within a multiple-unit residence,; or
(b) a room in a commercial or institutional building.”; (« local ») “programming undertaking” means a programming undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11; (« entreprise de programmation »)
“Regulations” means the Definition of “Small Cable Transmission System” Regulations, SOR/94-755 (Canada Gazette, Part II, Vol. 128, page 4096), amended by SOR/2005-148 (Canada Gazette, Part II, Vol. 139, page 1195); (« Règlement »)
“semi-interactive webcast service” means a webcast service with programming provided by Stingray whose content is similar to that of the pay audio service and is provided to a consumer by virtue of their subscription with a distributiona programming undertaking, andwhere the consumeruser exercises some level of control over the content of the files, or the timing of the transmission of the files, or both; (« service de webdiffusion semi-interactive »)
“service area” has the meaning attributed to it in section 2 of the Regulations, which currently reads:
“‘service area’ means an area in which premises served in accordance with the laws and regulations of Canada by a cable transmission system are located.”; (« zone de service »)
“signal” means a television or audio signal, other than a signal within the meaning of subsection 31(1) of the Copyright Act, retransmitted in accordance with subsection 31(2) of the Copyright Act; (« signal »)
“simulcast service” means a service that provides simultaneous, or nearly simultaneous,
3 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
transmission over the Internet or another digital network of pay audio programming andcontent that is only available to customers by virtue of their subscription to a distribution undertakingidentical to that of a pay audio service to which this tariff applies, where the user does not exercise any control over either the content of the files or the timing of the transmission of the files; and (« service de transmission simultanée »)
“small cable transmission system” has the meaning attributed to it in sections 3 and 4 of the Regulations, which currently read:
“3. (1) Subject to subsections (2) to (4) and section 4, ‘small cable transmission system’ means a cable transmission system that transmits a signal, with or without a fee, to not more than 2,000 premises in the same service area, where “premises” and “service area” have the same meaning as in Definition of “Small Cable Transmission System” Regulations, SOR/94-755 and the system meets all other criteria of those regulations;.
(2) For the purpose of subsection (1), where a cable transmission system is included in the same unit as one or more other cable transmission systems, the number of premises to which the cable transmission system transmits a signal is deemed to be equal to the total number of premises to which all cable transmission systems included in that unit transmit a signal.
(3) For the purpose of subsection (2), a cable transmission system is included in the same unit as one or more other cable transmission systems where
(a) they are owned or directly or indirectly controlled by the same person or group of persons; and
(b) their service areas are each less than 5 km distant, at some point, from at least one other among them, and those service areas would constitute a series of contiguous service areas, in a linear or non-linear configuration, were it not for that distance.
(4) Subsection (2) does not apply to a cable transmission system that was included in a unit on December 31, 1993.
4. The definition set out in subsection 3(1) does not include a cable transmission system that is a master antenna system if it is located within the service area of another cable transmission system that transmits a signal, with or without a fee, to more than 2,000 premises in that service area.”. (« petit système de transmission par fil »)
“Stingray” means Stingray Digital Group; (« Stingray ») “Tariff publication date” means, the date on which this Tariff was published, being May 29, 2021 (« date de publication du tarif »).
4 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
Subject-Matter Covered 2. This Tariff applies to (a) musical and dramatico-musical works that are in SOCAN’s repertoire; (b) published sound recordings embodying musical works that are in Re:Sound’s repertoire; and (c) performers’ performances embodied in such sound recordings that are in Re:Sound’s repertoire. Activities Covered Application 3. (1) This Tarifftariff sets the royalties to be paid, and permitsthe terms and conditions, for a personlicence to communicate works to the public by telecommunication musical and dramatico-musical works in SOCAN’s repertoire, including, where applicable, the right to make such works available to the public by telecommunication in a way that allows a member of the public to have access to them from a place and at a time individually chosen by that member of the public, in the years 2026 to 2028, in connection with Stingray’s:
(a) a pay audio service, for the years 2010–2016; (b) a simulcast service, for the years 2007–2016 that is available to users only by virtue of their subscription with a distribution undertaking; and
(c) a semi-interactive webcast service, for the years 2007–2016 and a non-interactive webcast service that are available to users only by virtue of their subscription with a distribution undertaking,
distributed by a distribution undertaking, either directly or indirectly through a programming undertaking, and intended for private or domestic use.
(2) This tariff sets the royalties payable for thedoes not apply to any communication of published sound recordings to the public by telecommunication of musical and dramatico-musical works in SOCAN’s repertoire in connection with Stingray’s:
(a) pay audio service, for the years 2010–2016; (b) (a) a simulcast service, for the years 2009–2016; and (c)a semi-interactive webcast service, for the years 2013–2016.
(3) For greater certainty, this Tariff does not set royalties and does not permit a person to communicate works or published sound recordings by telecommunication in connection with
5 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
(a) or a seminon-interactive webcastingwebcast service that is not distributed otherwise than by a distribution undertaking; (b) a semi-interactive webcasting service whose content is not similar to that of the pay audio servicewhether directly or indirectly through a programming undertaking); nor
(cb) any service that is not listed in subsections 3(1) and 3(2subsection (1), even if that service is, which may be subject to another SOCAN tariff, is distributed, provided, or sold together with one or more of the listed services. listed in subsection (1); or
(dc) any service that is provided to commercial subscribers, including a background music supply service.
Royalty Payment Periods and Payment Dates 4. (1 Royalties 4. (1) Subject to subsections (2) and (3), the royalties payable to SOCAN for a pay audio service and any simulcast service listed in paragraph 3(1)(b) for a payment period are 12.45 per cent of the affiliation payments for that payment period.
(2) Subject to subsection (3), where a pay audio service is provided in a bundle or package that contains other service(s), the royalties payable to SOCAN for a payment period are:
(a) where the bundle or package includes the service(s) listed in paragraph 3(1)(c) but no other service:
(i) for the pay audio service and any simulcast service listed in paragraph 3(1)(b): 12.45 per cent x 0.75 x the affiliation payments for that payment period, plus (ii) for the service(s) listed in paragraph 3(1)(c): 5.3 per cent x 0.25 x the affiliation payments for the payment period; and (b) where the bundle or package includes any service that is not listed in subsection 3(1): (i) for the pay audio service and any simulcast service listed in paragraph 3(1)(b): 12.45 per cent x 0.75 x the affiliation payments for the payment period, plus (ii) for the service(s) listed in paragraph 3(1)(c): 5.3 per cent x 0.10 x the affiliation payments for the payment period.
6 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
(3) The royalties payable to SOCAN for a payment period for activities covered by this Tariff is (a) a calendar year, where thein respect of a distribution undertaking that is a small cable transmission system; or are calculated in accordance with the applicable formula set out in subsections (1) and (2) but at half the percentage rate specified.
(b) a calendar month, otherwise. (2) Dates of Payments 5. Royalties arepayable pursuant to section 4 shall be due on the last day of the month following the end of the payment period for which theythe royalties are being paid.
Pay Audio Affiliation Payment Services provided 5. (1) For the purposes of this section, Stingray provided a distribution undertaking (a) the Music service, if it provided the distribution undertaking with the service marketed as “Stingray Music,” “Galaxie Music,” or marketed under another name for the equivalent service;
(b) the Mobile service, if it provided the distribution undertaking with the semi-interactive webcasting service marketed as “Stingray Mobile” or marketed under another name for the equivalent service;
(c) the Ambiance service, if it provided the distribution undertaking with the service marketed as “Stingray Ambiance” or marketed under another name for the equivalent service;
(d) the Music Videos service, if it provided the distribution undertaking with the service marketed as “Stingray Music Videos” or marketed under another name for the equivalent service;
(e) the Concert TV service, if it provided the distribution undertaking with the service marketed as “Stingray Concert TV,” or marketed under another name for the equivalent service;
(f) the Karaoke service, if it provided the distribution undertaking with the service marketed as the “Karaoke Channel,” or marketed under another name for the equivalent service; and
(g) the Ubiquicast server, if it provided the distribution undertaking with the service marketed as “Ubiquicast” in relation to the Music service, the Ambiance service, or both.
Pay audio affiliation multiplier (2) The pay audio affiliation multiplier for a payment period in which Stingray provided a distribution undertaking
(a) the Music service, the Ambiance service, and a Ubiquicast server, is 50 divided by the sum of the points in Table 1 for all services with which Stingray provided the distribution undertaking during the majority of the payment period;
Table 1: Category points — Pay Audio, Ambiance, and Ubiquicast provided
7 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
Category
Points
Music
50
Mobile
10
Ambiance
25
Music Videos
5
Concert TV
5
Karaoke
5
(b) the Music service and a Ubiquicast server, but not the Ambiance service, is 55 divided by the sum of the points in Table 2 for all services with which Stingray provided the distribution undertaking during the majority of the payment period; or
Table 2: Category points — Pay Audio and Ubiquicast provided, without Ambiance
Category
Points
Music
55
Mobile
10
Music Videos
5
Concert TV
5
Karaoke
5
(c) the Music service, but not a Ubiquicast server — whether or not Stingray provided the distribution undertaking with the Ambiance service — is 40 divided by the sum of the points in Table 3 for all services with which Stingray provided the distribution undertaking during the majority of the payment period.
Table 3: Category points — Ubiquicast not provided
Category
Points
Music
40
Mobile
10
Ambiance
20
Music Videos
5
Concert TV
5
Karaoke
5
Pay audio affiliation payment (3) The pay audio affiliation payment for a payment period is, in respect of a distribution undertaking (a) that is not a small cable transmission system, the affiliation payments made by that distribution undertaking to Stingray for that period, multiplied by the pay audio affiliation multiplier; or
(b) that is a small cable transmission system, 50% of the affiliation payments made by that distribution undertaking to Stingray for that period, multiplied by the pay audio affiliation multiplier.
SOCAN Royalties SOCAN — simulcasts (2007–2009) 6. (1) For the activities identified in paragraph 3(1)(b) carried out in a payment period during the years 2007 to 2009, the royalties payable to SOCAN are $0.
SOCAN — pay audio and simulcasts (2010–2016) (2) For the activities identified in paragraphs 3(1)(a) and 3(1)(b) carried out in a payment period during the years 2010 to 2016, the royalties payable to SOCAN, in respect of a distribution undertaking, is the pay audio affiliation payment made by that distribution undertaking for that payment period multiplied by the rate in
8 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
Year
Rate
Table 4 for that period. Table 4: SOCAN royalty rates for pay audio and simulcasts for 2010–2016
2010
12.45%
2011
12.04%
2012
11.63%
2013
11.21%
2014
10.79%
2015
10.38%
2016
9.96%
SOCAN — semi-interactive webcasts (2007–2016) (3) For the activities identified in paragraph 3(1)(c) carried out in a payment period during the years 2007 to 2016, the royalties payable to SOCAN, in respect of a distribution undertaking, are 5.3% of its affiliation payments that are attributable to those activities.
(4) For greater certainty, no portion of the pay audio affiliation payment for the same period shall be attributed to the activities in paragraph 3(1)(c).
Re:Sound Royalties Re:Sound — simulcasts (2009) 7. (1) For the activities identified in paragraph 3(2)(b) carried out in a payment period during the year 2009, the royalties payable to Re:Sound are $0.
Re:Sound — pay audio and simulcasts (2010–2016) (2) For the activities identified in paragraphs 3(2)(a) and 3(2)(b) carried out in a payment period during the years 2010 to 2016, the royalties payable to Re:Sound, in respect of a distribution undertaking, is the pay audio affiliation payment made by that distribution undertaking for that payment period multiplied by the rate in Table 5 for that period.
Table 5: Re:Sound royalty rates for pay audio and simulcasts for 2010–2016
Year
Rate
2010
5.85%
2011
5.66%
2012
5.46%
2013
5.27%
2014
5.85%
2015
6.88%
2016
6.60%
Re:Sound — semi-interactive webcasts (2013–2016) (3) For the activities identified in paragraph 3(2)(c) carried out in a payment period during the years 2013 to 2016, the royalties payable to Re:Sound, in respect of a distribution undertaking, are its affiliation payments attributable to those activities multiplied by the rate in Table 6 for that period.
Table 6: Re:Sound royalty rates for semi-interactive webcasts for 2013–2016
Year
Rate
2013
2.49%
2014
2.87%
2015
3.51%
2016
3.51%
(4) For greater certainty, no portion of the pay audio affiliation payment for the same period shall be attributed 9
Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
to the activities in paragraph 3(2)(c). Taxes 8. All royalties payable Reporting Requirements 6. (1) A royalty payment under this tariff are exclusive of any applicable federal, provincial or other taxes or levies of any kind.
Late Payments 9. 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. Any overpayment resulting from an error or omission on the part of SOCAN or Re:Sound shall bear interest from the date of the overpayment until the overpayment is refunded.
Reporting 10. (1) A payment under this Tariff for a payment period occurring in 2010 or later shall, in respect of each distribution undertaking for which the payment is made, be accompanied by the following information,:
(a) the name of the distribution undertaking; (b) the name of the programming undertaking that shall be provided to Re:Sound and SOCAN:the services listed in subsection 3(1);
(a (c) if applicable, the other services in the bundle or package that included the pay audio service;
(d) the list of pay audio signals received from Stingray bythe programming undertaking supplied to the distribution undertaking for transmissionand intended for private orand domestic use during thatthe payment period; and
(be) the amount of the affiliation payments byfor the distribution undertaking for thatpayment period, as well as.
(c
(i) the amount of its pay audio affiliation payment for that period, as well as any information necessary to calculate that amount under this Tariff, including the services provided by Stingray to the distribution undertaking for the majority of that period and the computed pay audio affiliation multiplier, and
(ii) if making a payment for activities identified in paragraphs 3(1)(c) and 3(2)(c), the amount of the affiliation payments that are attributable to those activities;
10 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
(2) In respect of each distribution undertaking that is a small cable transmission system, the following information shall also accompany the royalty payment:
(a) the number of premises served in the system by the distribution undertaking on the last day of each month of the payment period; and
(d) the sequential list in electronic Excel format — or any other format agreed upon by SOCAN, Re:Sound, and the person providing the information — of all recordings played on each pay audio signal during the period, where each list entry shall include, where available,
(i) the date and time of the broadcast, (ii) the title of the musical work, (iii) the name of the author or composer of the work, (iv) the name of the sound recording, (v) any alternative title used to designate the sound recording, (vi) the International Standard Recording Code (ISRC) of the sound recording, (vii) the name of the performers or of the performing group, (viii) the title of the record album, (ix) the track number on the album, (x) the catalogue number of the album, (xi) the Universal Product Code (UPC) of the album, (xii) the record label, (xiii) the duration of the sound recording broadcast, in minutes and seconds, (xiv) the duration of the sound recording as listed on the album, in minutes and seconds, and (xv) whether a track is a published sound recording. (2) On January 31 after each calendar year of 2010 to 2016, each distribution undertaking that made a payment for a payment period in that year shall also provide to both SOCAN and Re:Sound,
(ab) if the system is a master antenna system and is located within the service area of another cable transmission system, the name of that other system and a statement to the effect that the other system transmits a signal, with or without a fee, to not more than 2,000 premises in its service area; and
(bc) if the system is included in a unit within the meaning of the Definition of “Small Cable Transmission System” Regulations,
11 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
(i) the date the system was included in the unit, (ii) the names of all the systems included in the unit, (iii) the names of the person or group of persons who own or who directly or indirectly control the systems included in the unit, and
(iv) the nature of the control exercised by these persons.
Payment by Stingray (3) A payment made by Stingray for a payment period shall also include a list of distribution undertakings to which it provided the pay audio service in that period.
Reporting by Stingray (4) For greater certainty, Stingray may provide to SOCAN and Re:Sound any or all information identified in subsection (1) instead of any or all distribution undertakings, whether or not it makes a payment under this Tariff
(3) Whether or not it makes a royalty payment under this tariff, a programming undertaking shall provide to SOCAN, by no later than January 31 of each year, the name of each distribution undertaking to which it provided a pay audio service, a simulcast service, a semi-interactive webcast service, or a non-interactive webcast service for distribution intended for private or domestic use in the previous year. The programming undertaking shall also indicate who (the programming undertaking or the distribution undertaking) is responsible for paying royalties under this tariff for each distribution undertaking listed.
Music Use Information 7. (1) Whether or not it makes a royalty payment under this tariff, a programming undertaking shall provide to SOCAN, by no later than 30 days after the end of each calendar month, the following information in respect of each distribution undertaking to which it supplied a pay audio signal:
(a) the list of pay audio signals the programming undertaking supplied to each distribution undertaking and intended for private and domestic use during the month; and
(b) the sequential list of all sound recordings played on each pay audio signal during the periodon each day of the month, where each list entry shall include, where available, the following information:
(i) the pay audio signal ID (e.g., Station ID);
12 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
(ii) the date and time of the broadcast,; (iii) the title of the musical work; (iv) the name(s) of the author(s) or composer(s) of the work; (v) the name of the music publisher associated with the work; (vi) the name of the sound recording; (vii) any alternative title used to designate the sound recording,musical work or sound recording;
(viii) the International Standard Musical Word Code (ISWC) assigned to the work; (ix) the International Standard Recording Code (ISRC) of the sound recording,assigned to the sound recording;
and.
(x) the name(s) of the performers or of the performing group,; (xi) if the sound recording is or has been released as part of an album, the name, identifier, product catalogue number and Universal Product Code (UPC) of the album,assigned to the album, together with the associated disc and track numbers;
(xii) the record label; (xiii) the duration of the sound recording broadcast, in minutes and seconds,; and (xiv) the duration of the sound recording as listed on the album, in minutes and seconds,
(2) Whether or not it makes a royalty payment under this tariff, a programming undertaking shall provide to SOCAN, by no later than 30 days after the end of each calendar month, the following information in respect of each distribution undertaking to which it provided the services listed in paragraph 3(1)(c):
(a) for each file transmitted on the services during the month: (i) its identifier; (ii) the information set out in each of subparagraphs (1)(b)(iii) to (1)(b)(xi); (iii) the name of the person who released the sound recording;
13 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
(iv) the Global Release Identifier (GRid) assigned to the file and, if applicable, the GRid of the album in which the file was released;
(v) the running time of the file, in minutes and seconds; and (vi) the number of plays of the file during the month; and (b) the total number of plays of all files transmitted on the services during the month. (3) The information set out in subsections (1) and (2) shall be provided electronically in a format agreed upon by SOCAN and the programming undertaking.
Records and Audits
Playlist information 11 8. (1) Any person that provides information under paragraph 10(1)(d)A programming undertaking shall keep and preserve, for a period of 6six months after the end of the month to which they relate, records from which thatthe information set out in section 7 can be readily ascertained.
Royalty-related information (2) Any person that provides information under paragraphs 10(1)(a) to 10(1)(c), subsection 10(2), or subsection 10(3),Both the distribution undertaking and the programming undertaking shall keep and preserve, for a period of 6six years after the end of the year to which they relate, records from which thatthe affiliation payments, the royalties payable pursuant to section 4 and the information set out in section 6 can be readily ascertained.
Audits (3) SOCAN or Re:Sound may audit these records at any time during the period set out in subsection (1) or (2), on reasonable notice and during normal business hours.
(4) The collective society that performs an audit under subsection (3)SOCAN shall, upon receipt, supply a copy of the report of the audit to Stingray or the distribution undertaking that was the object of the audit and to theany other Canadian collective society with a tariff that applies to pay audio services.
(5) If an audit discloses that amountsroyalties due to the collective societySOCAN have been understated infor any monthpayment period by more than 10 per cent, Stingray or the undertaking that was the object of the audit shall pay the amount of the understatement and the reasonable costs
14 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
of the audit within 30 days of the demand for such payment. The amount of any understatement (whether by more or less than 10 per cent) shall be paid within 30 days of the demand for such payment.
Confidentiality 129. (1) Subject to subsections (2) to (4), a collective society shall treat in confidence information received from an undertaking pursuant to this Tarifftariff shall be treated in confidence, unless the undertaking that supplied the information consents in writing to the information being treated otherwise.
(2) Information received from an undertaking pursuant to this Tarifftariff may be shared: (a) with aany other Canadian collective society with a tariff that applies to pay audio services; (b) with SOCAN’s agents and service providers to the extent required by the service providers for the service they are contracted to provide;
(b) with the other collective society; (c) with the Copyright Board; (d) in connection with proceedings before the Copyright Board, if it is protected by a confidentiality order;
(e) to the extent required to effect the distribution of royalties; or
(f (f) in connection with the collection of royalties or the enforcement of a tariff; or (g) if required by law. (3) Where confidential information is shared with a service provider pursuant to paragraph (2)(ab), that service provider shall sign a confidentiality agreement.
(4) Subsection (1) does not apply to information that must be provided pursuant to the Copyright Act, to information that is publicly available, to aggregated information, or to information obtained from someone other than the undertaking that supplied the information who is not under an apparent duty of confidentiality to that undertaking with respect to the supplied information.
Adjustments
13. Adjustments in the amount of royalties owed (including excess payments), as a result of the discovery of an 15 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
error or otherwise, shall be made on the date the next payment is due 10. If, as a result of the discovery of an error or otherwise, the amount of the royalties paid or payable, including excess payments, requires an adjustment, then SOCAN or the applicable undertaking shall immediately notify the other party, provide an explanation for the claimed adjustment, and propose an adjustment solution, such solution subject to the other party’s consent (not to be unreasonably withheld). Adjustments shall not be made in respect of any other royalties or fees owed to SOCAN by the applicable undertaking under another tariff or agreement without SOCAN’s consent. No adjustment may be made to royalties paid more than six (6) years previously. For clarity, this provision does not apply to any adjustments pursuant to an audit conducted under this tariff.
Interest on Late Payments and Taxes 11. (1) 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.
(2) All amounts payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.
Addresses for Notices, etc.
14. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: licensing@resound.ca, fax number: 416-962-7797, or to any other address, email address or fax number of which the sender has been notified in writing.
(2) Anything addressed 12. (1) Anything that an undertaking sends to SOCAN shall be sent to 41 Valleybrook Drive, Toronto, Ontario M3B 2S6, email: licence@socan.com, fax number: 416-445-7108, or to any other address, email address or fax number of which the senderundertaking has been notified in writing.
(32) Anything addressed to a person subject to this tariffthat SOCAN sends to an undertaking shall be sent to the last address, email address or fax number of which Re:Sound and SOCAN havehas been notified in writing.
Delivery of Notices and Payments 1513. (1) A notice may be delivered by hand, by postage-paid mail, by email, by fax or by file transfer protocol (FTP). A payment may be made by credit card or delivered by hand, by
16 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
postage-paid mail, or by electronic bank transfer (EBT). Where a payment is delivered by EBT, the associated reporting required under section 5 shall be provided concurrently to Re:Sound and SOCAN by email or by FTP.
(2) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed.
(3) Anything sent by fax, by email, by FTP or by EBT shall be presumed to have been received the day it wasis transmitted.
Transitional Provisions Calculating pay audio affiliation multiplier where no records 16. (1) Despite section 5, where a person makes a payment in respect of a distribution undertaking for a payment period that ended prior to the Tariff publication date and does not have records necessary to determine which categories of services that distribution undertaking received from Stingray in that payment period, the pay audio affiliation multiplier for that payment period shall be determined as if the distribution undertaking received the same category of services as in the next payment period for which such records are available, but the distribution undertaking shall be deemed not have received a service in the original payment period if that payment period ended prior to the year listed in Table 7 for that service.
Table 7: Deemed First Year of Service
Service
Year
Music
2010
Mobile
2014
Ambiance
2014
Music Videos
2010
Concert TV
2013
Karaoke
2010
Ubiquicast
2010
When royalties and reporting due (2) Despite sections 4 and 10, any royalties or reporting in respect of a payment period that ended prior to the Tariff publication date shall be due 90 days after the Tariff publication date.
Records (3) Despite subsections 11(1) and 11(2), any person that provides information in respect of a payment period that ended prior to the Tariff publication date shall keep and preserve records from which that information can be readily ascertained until the date that is the later of the last day of the period established for that information in subsections 11(1) or 11(2), and
(a) 6 months after the Tariff publication date, for information listed in paragraph 11(1)(d); or (b) 24 months after the Tariff publication date, for all other information. (4) Despite 11(3), SOCAN or Re:Sound may audit these records at any time prior to 2 years after the Tariff publication date.
Interest on royalties (5) Amounts owed to SOCAN or Re:Sound — or by SOCAN or Re:Sound — in respect of a payment period that ended prior to the Tariff publication date shall be increased by using the multiplying interest factor (based on
17 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
the Bank of Canada Bank Rate) set out (a) where the payment period was a calendar year, in Table 8; or (b) where the payment period was a calendar month, in Table 9. Table 8: Annual Interest Factors
Payment Period
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
Original Due Date
31-Jan-08
31-Jan-09
31-Jan-10
31-Jan-11
31-Jan-12
31-Jan-13
31-Jan-14
31-Jan-15
31-Jan-16
31-Jan-17
Interest Factor
1.2130
1.1671
1.1366
1.1306
1.1216
1.1091
1.0966
1.0841
1.0717
1.0631
Table 9: Monthly Interest Factors
Payment Period
Jan-07
Feb-07
Mar-07
Apr-07
May-07
Jun-07
Original Due Date
28-Feb-07
31-Mar-07
30-Apr-07
31-May-07
30-Jun-07
31-Jul-07
Interest Factor
1.2130
1.2093
1.2055
1.2018
1.1980
1.1943
18 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
Payment Period
Jul-07
Aug-07
Sep-07
Oct-07
Nov-07
Dec-07
Jan-08
Feb-08
Mar-08
Apr-08
May-08
Jun-08
Jul-08
Aug-08
Sep-08
Oct-08
Nov-08
Dec-08
Jan-09
Feb-09
Mar-09
Apr-09
May-09
Jun-09
Jul-09
Original Due Date
31-Aug-07
30-Sep-07
31-Oct-07
30-Nov-07
31-Dec-07
31-Jan-08
29-Feb-08
31-Mar-08
30-Apr-08
31-May-08
30-Jun-08
31-Jul-08
31-Aug-08
30-Sep-08
31-Oct-08
30-Nov-08
31-Dec-08
31-Jan-09
28-Feb-09
31-Mar-09
30-Apr-09
31-May-09
30-Jun-09
31-Jul-09
31-Aug-09
Interest Factor
1.1904
1.1864
1.1825
1.1785
1.1745
1.1708
1.1671
1.1636
1.1604
1.1574
1.1547
1.1520
1.1493
1.1466
1.1439
1.1416
1.1395
1.1379
1.1366
1.1356
1.1349
1.1344
1.1339
1.1335
1.1331
19 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
Payment Period
Aug-09
Sep-09
Oct-09
Nov-09
Dec-09
Jan-10
Feb-10
Mar-10
Apr-10
May-10
Jun-10
Jul-10
Aug-10
Sep-10
Oct-10
Nov-10
Dec-10
Jan-11
Feb-11
Mar-11
Apr-11
May-11
Jun-11
Jul-11
Aug-11
Original Due Date
30-Sep-09
31-Oct-09
30-Nov-09
31-Dec-09
31-Jan-10
28-Feb-10
31-Mar-10
30-Apr-10
31-May-10
30-Jun-10
31-Jul-10
31-Aug-10
30-Sep-10
31-Oct-10
30-Nov-10
31-Dec-10
31-Jan-11
28-Feb-11
31-Mar-11
30-Apr-11
31-May-11
30-Jun-11
31-Jul-11
31-Aug-11
30-Sep-11
Interest Factor
1.1327
1.1323
1.1319
1.1314
1.1310
1.1306
1.1302
1.1298
1.1294
1.1289
1.1283
1.1276
1.1268
1.1258
1.1247
1.1237
1.1227
1.1216
1.1206
1.1195
1.1185
1.1174
1.1164
1.1154
1.1143
20 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
Payment Period
Sep-11
Oct-11
Nov-11
Dec-11
Jan-12
Feb-12
Mar-12
Apr-12
May-12
Jun-12
Jul-12
Aug-12
Sep-12
Oct-12
Nov-12
Dec-12
Jan-13
Feb-13
Mar-13
Apr-13
May-13
Jun-13
Jul-13
Aug-13
Sep-13
Original Due Date
31-Oct-11
30-Nov-11
31-Dec-11
31-Jan-12
29-Feb-12
31-Mar-12
30-Apr-12
31-May-12
30-Jun-12
31-Jul-12
31-Aug-12
30-Sep-12
31-Oct-12
30-Nov-12
31-Dec-12
31-Jan-13
28-Feb-13
31-Mar-13
30-Apr-13
31-May-13
30-Jun-13
31-Jul-13
31-Aug-13
30-Sep-13
31-Oct-13
Interest Factor
1.1133
1.1122
1.1112
1.1102
1.1091
1.1081
1.1070
1.1060
1.1049
1.1039
1.1029
1.1018
1.1008
1.0997
1.0987
1.0977
1.0966
1.0956
1.0945
1.0935
1.0924
1.0914
1.0904
1.0893
1.0883
21 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
Payment Period
Oct-13
Nov-13
Dec-13
Jan-14
Feb-14
Mar-14
Apr-14
May-14
Jun-14
Jul-14
Aug-14
Sep-14
Oct-14
Nov-14
Dec-14
Jan-15
Feb-15
Mar-15
Apr-15
May-15
Jun-15
Jul-15
Aug-15
Sep-15
Oct-15
Original Due Date
30-Nov-13
31-Dec-13
31-Jan-14
28-Feb-14
31-Mar-14
30-Apr-14
31-May-14
30-Jun-14
31-Jul-14
31-Aug-14
30-Sep-14
31-Oct-14
30-Nov-14
31-Dec-14
31-Jan-15
28-Feb-15
31-Mar-15
30-Apr-15
31-May-15
30-Jun-15
31-Jul-15
31-Aug-15
30-Sep-15
31-Oct-15
30-Nov-15
Interest Factor
1.0872
1.0862
1.0852
1.0841
1.0831
1.0820
1.0810
1.0799
1.0789
1.0779
1.0768
1.0758
1.0747
1.0737
1.0727
1.0717
1.0709
1.0700
1.0692
1.0684
1.0675
1.0668
1.0662
1.0656
1.0649
22 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.
Payment Period
Nov-15
Dec-15
Jan-16
Feb-16
Mar-16
Apr-16
May-16
Jun-16
Jul-16
Aug-16
Sep-16
Oct-16
Nov-16
Dec-16
Original Due Date
31-Dec-15
31-Jan-16
29-Feb-16
31-Mar-16
30-Apr-16
31-May-16
30-Jun-16
31-Jul-16
31-Aug-16
30-Sep-16
31-Oct-16
30-Nov-16
31-Dec-16
31-Jan-17
Interest Factor
1.0643
1.0637
1.0631
1.0624
1.0618
1.0612
1.0606
1.0599
1.0593
1.0587
1.0581
1.0574
1.0568
1.0562
(6) For greater certainty, no interest payments are due on taxes payable to SOCAN or Re:Sound.
23 Published by the Copyright Board of Canada, pursuant to subsection 17(2) of the Copyright Board Rules of Practice and Procedure, on November 15, 2024.