STATEMENT OF ROYALTIES TO BE COLLECTED BY RE:SOUND FOR THE PERFORMANCE IN PUBLIC OR THE COMMUNICATION TO THE PUBLIC BY TELECOMMUNICATION, IN CANADA, OF PUBLISHED SOUND RECORDINGS EMBODYING MUSICAL WORKS AND PERFORMERS’ PERFORMANCES OF SUCH WORKS FOR THE YEARS 2008-2015
Tariff No. 5 USE OF MUSIC TO ACCOMPANY LIVE EVENTS GENERAL PROVISIONS PROPOSED TARIFF Filed with the Copyright Board by Re:Sound on 2024-10-11 pursuant to subsection 67(1) of the Copyright Act
Proposed Tariff Title: Re:Sound Tariff 5.B – Receptions, Conventions, Assemblies and Fashion Shows (2026-2030)
For the performance in public or the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and performers’ performances of such works.
Proposed Short Title: Re:Sound Tariff 5.B (2026-2030) Effective Period: 2026-01-01 – 2030-12-31
RE:SOUND TARIFF 5.B - RECEPTIONS, CONVENTIONS, ASSEMBLIES AND FASHION SHOWS (2026-2030)
Short title 1. This tariff may be cited as the Re:Sound Live Events Tariff, 2008-2015. 5.B (2026-2030).
Definitions 2. In this tariff,
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” means a calendar year. (« année »)
Taxes 3. All royalties payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.
Application 4. This tariff sets the royalties to be paid to Re:Sound, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works as a part of events at receptions (including weddings), conventions, video game events, assemblies and fashions shows.
Royalties 5. The fee payable for each event, or for each day on which a fashion show is held, is as follows:
Room capacity Fee per event without Fee per event with (seating and dancing dancing standing) 1-100 $45.37 $90.77 101-300 $65.23 $130.60 301-500 $136.14 $272.27 Over 500 $192.88 $385.75 Reporting Requirements 6. No later than 30 days after the end of each quarter, an establishment subject to the tariff shall file with Re:Sound the payment for all events within that quarter and a report for that quarter including: (a) The actual number of events with and without dancing and the number of days on which a fashion show was held; and
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.
(b) The room capacity (seating and standing) authorized under the establishment’s liquor licence or any other document issued by a competent authority for this type of establishment.
Accounts and Records and Audits 7. (1) A person subject to the tariff shall keep and preserve, for a period of six (6) years after the end of the year to which they relate, records from which that person’s payment under this tariff can be readily ascertained.
(2) Re:Sound may audit these records at any time during the period set out in subsection (1), on reasonable notice and during normal business hours.
(3) Re:Sound shall, upon receipt, supply a copy of the report of the audit to the person whothat was the subject of the audit. and to any other Canadian collective society with a tariff applicable to similar events.
(4) If the audit discloses that the royalties owed to Re:Sound for the applicable reporting period have been understated by more than ten per cent (10%), the subject of the audit shall pay the amount of the understatement and the reasonable costs of the audit within thirty (30) days of the demand for such payment.
Confidentiality 8. (1) Subject to subsections (2) and (3), Re:Sound shall treat in confidenceto (4), information received pursuant to this tariff shall be treated in confidence, unless the person who supplied the information consents in writing to the information being treated otherwise.
(2) Re:Sound may share information referred to in sub- section (1) (a) (2) Information received pursuant to this tariff may be shared: (a) With Re:Sound’s agents and service providers, to the extent required by the service providers for the service they are contracted to provide; in connection with the collection of royalties or the enforcement of a tariff, with SOCAN;
(b) (b)any other Canadian collective society with a tariff applicable to similar events;
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)(c)
with the Copyright Board;
(b)(d) (c) in connection with proceedings before the Copyright Board, if Re:Sound has first provided a reason- able opportunity for the person that supplied the information to requestit is protected by a confidentiality order; (c)(e) (d) to the extent required to effect the distribution of royalties, with its royalty claimants; or
(d)(f)
(e) if orderedrequired by law.
(3(3) Where confidential information is shared with a service provider pursuant to subsection (2)(a), that service provider shall sign a confidentiality agreement.
(4) Subsection (1) does not apply to information that is publicly available, to aggregated information, or to information obtained from some- onesomeone other than athe person subject to this tariff who supplied the information and who is not under an apparent duty of confidentiality to that person with respect to the supplied information.
Adjustments
9. Adjustments in the amount of royalties owed (including excess payments), as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due. Excess payments are not subject to interest. No adjustments to reduce the amount of royalties owed may be made in respect of an error discovered by the person subject to this tariff which occurred more than 12 months prior to notification to Re:Sound.
Interest on
Late Payments and Reporting Any 10. (1) In the event that a person subject to this tariff does not pay the amount not receivedowed under the tariff by the due date, the person shall bearpay to Re:Sound interest calculated on the amount owed from thatthe due date until the date the amount is received. by Re:Sound.
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 the event that a person subject to this tariff does not provide the reporting information required under the tariff by the due date, Re:Sound may provide notice of that default (“Default Notice”). If the person does not cure the default within 30 days of receipt of a Default Notice by providing the reporting information that is past due and that is specified in the Default Notice, the person shall pay to Re:Sound interest calculated on the amount payable in respect of the period for which the reporting information is due, from the due date to the date that the reporting information is received by Re:Sound, less any interest paid pursuant to subsection (1).
(3) 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.
Addresses for Notices, etc. 11. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street175 Bloor St. E, Suite 900703, Toronto, Ontario M5R 3K4M4W 3R8, email: licensing@resound.ca, fax number: 416-962-7797,licensing@resound.ca, or to any other address, or email address, or fax number of which the sender has been notified in writing.
(2) Anything addressed to a person subject to this tariff shall be sent to the last address, or email address or fax number provided by that person to Re:Sound in writing.
Delivery of Notices and Payments 12. (1) A notice may be delivered by hand, by postage-paid mail, by email, or by fax.file transfer protocol (FTP). A payment mustmay be made by credit card or delivered by hand or, by postage-paid mail, or by electronic bank transfer (EBT). Where a payment is delivered by EBT, the associated reporting shall be provided concurrently to Re:Sound by email.
(2) A documentAnything mailed in Canada shall be presumed to have been received four (4) business days after the day it was mailed.
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) A documentAnything sent by facsimile or email, by FTP or by EBT shall be presumed to have been received the day it was transmitted.
Transitional Provisions 1. Any amount owed as a result of this tariff shall be due on November 30, 2017. 2. Notwithstanding any reporting requirements other- wise set in this tariff, reports required for 2008 to 2015 shall be filed on or before November 30, 2017.
B. Receptions, Conventions, Assemblies and Fashion Shows, 2013-2015 Applications
3.
This tariff sets the royalties to be paid to Re:Sound for the years 2013 to 2015, for the benefit of performers and makers, for the performance in public or the communication to the public by telecommunication of published sound recordings embodying musical works and performers’ performances of such works as a part of events at receptions (including weddings), conventions, video game events, assemblies and fashion shows.
Royalties
4.
The fee payable for each event, or for each day on which a fashion show is held, is as follows: room capacity Fee per event Fee per event (seating and without with dancing standing) dancing
1–100 101–300 301–500 Over 500
$9.25 $13.30 $27.76 $39.33
$18.51 $26.63 $55.52 $78.66
Reporting Requirements
5.
No later than thirty (30) days after the end of each quarter, an establishment subject to the tariff shall file with Re:Sound the payment for all events within that quarter and a report for that quarter including
(a) the actual number of events with and without dancing and the number of days on which a fashion show was held; and (b) the room capacity (seating and standing) authorized under the establishment’s liquor licence or any other document issued by a competent authority for this type of establishment.
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.