SUPPLEMENTVol. 156, No. 23PROPOSED TARIFF Canada Gazette Part I
OTTAWA, SATURDAY, JUNE 4, 2022
COPYRIGHT BOARD SOCAN Tariff 18 — Recorded Music for Dancing (2018-2022) Citation: 2022 CB 4-T See also: SOCAN Tariff 18 (2018-2022), 2022 CB 4
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)
Proposed Tariff Title: SOCAN Tariff 18 – Recorded Music for Dancing (2018-2022)2026-2028)
For the public performance of musical or dramatico-musical works.
Effective Period: 2026-01-01 – 2028-12-31
SOCAN TARIFF 18 —– RECORDED MUSIC FOR DANCING FOR THE YEARS (2018-2022(2026-2028)
Proposed statement of royalties to be collected by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) in compensation for the performance in public, in Canada, of
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.
musical or dramatico-musical works forming part of its repertoire. Royalties For the performance, by means of recorded music for dancing by patrons, at any time and as often as desired in the years 20182026 to 20222028, of any or all of the works in SOCAN’s repertoire, in bars, cabarets, restaurants, taverns, clubs, dining rooms, discotheques, dance halls, ballrooms and similar premises, the annual royalty shall be as follows:
For the years 2018, 2019 and 2022: (a) Premises accommodating no more than 100 patrons: Days of Operation Months of Operation 1–31-3 days 4–74-7 days 6 months or less $286.85415.48 $573.69830.94 More than 6 months $573.69830.94 $1,147.381,66 1.88
(b) Premises accommodating more than 100 patrons: Premises accommodating between 101 and 120 patrons shall pay 10 per cent more than the fees set out in paragraph (a). For each subsequent capacity increase of up to 20 patrons, a further increase of 10 per cent of the fees set out in paragraph (a) shall be payable.
For the years 2020 and 2021: The annual royalty is fixed at 50% of the total fee paid by the user for the year 2019. Terms and Conditions No later than January 31 of the year covered by the tariff, the establishment shall pay the applicable royalty to SOCAN and report the room capacity in number of patrons.
This tariff does not apply to the use of music at concerts (popular music or classical music) or as part of events at receptions, conventions, assemblies or fashion shows. Such uses are subject to other SOCAN tariffs.
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 royaltyroyalties payable by the user.
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.
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 cent1% above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.
All amounts payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.
Temporary Measures Overpayments resulting from the reduction of royalties payable for the years 2020 and 2021: At the latest on October 3, 2022, the user who has overpaid royalties for the years 2020 and 2021 will send a notice to SOCAN indicating:
• • • • •
user name and address; name and coordinates of location operator; amount of royalties paid in 2019; amount of royalties paid in 2020 and in 2021; amount of royalties that should have been paid to SOCAN in 2020 and 2021, i.e. 50% of royalties paid in 2019;
• overpayments paid to SOCAN. If the user makes a mistake in calculating the amount of overpayment indicated in the notice, SOCAN shall inform the user within a reasonable time of receipt of the notice and indicate the exact amount of the overpayment.
The user may deduct the overpayment from the next payment due. Overpayments do not bear interest.
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.