Vol. 145, No. 29 — July 16, 2011

ARCHIVED — Supplement

COPYRIGHT BOARD

FILE: Public Performance of Sound Recordings 2008-2012

Statement of Royalties to Be Collected by Re:Sound in Respect of the Use of Recorded Music to Accompany Dance

In accordance with subsection 68(4) of the Copyright Act, the Copyright Board has certified and hereby publishes the statement of royalties to be collected by Re:Sound Music Licensing Company (Re:Sound) for the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and performers’ performances of such works pursuant to Tariff No. 6.A (Use of Recorded Music to Accompany Dance) for the years 2008 to 2012.

Ottawa, July 16, 2011

GILLES MCDOUGALL
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613-952-8624 (telephone)
gilles.mcdougall@cb-cda.gc.ca (email)

STATEMENT OF ROYALTIES TO BE COLLECTED BY RE:SOUND MUSIC LICENSING COMPANY (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 TO 2012

Tariff No. 6.A

USE OF RECORDED MUSIC TO ACCOMPANY DANCE

Application

1. (1) This tariff sets the royalties to be paid for the performance in public or the communication to the public by telecommunication, in Canada, for the years 2008 to 2012, of published sound recordings embodying musical works and performers’ performances of such works in the repertoire of Re:Sound, in any indoor or outdoor venue, including nightclubs, dance clubs, bars, restaurants, hotels, halls, clubs, schools, campuses and adult entertainment clubs, for the purposes of dancing or any similar activity.

(2) This tariff does not apply to any venue operated by a not-for-profit, religious or educational institution, if the dancing is primarily made available to participants under the age of 19.

(3) This tariff does not apply to dancing at an event that will be subject to any tariff the Board may certify as a result of Re:Sound’s proposed Tariff 5 (Use of Music to Accompany Live Events) for 2008-2012.

Royalties

2. (1) A venue accommodating no more than 100 patrons shall pay an annual royalty as follows:

Days of operation

Months of operation

1 – 3 days

4 – 7 days

Six months or less

$151.19

$302.38

More than six months

$302.38

$604.76

(2) A venue accommodating more than 100 patrons shall pay 10 per cent more than the fees set out in subsection (1) for each capacity increase of up to 20 patrons.

(3) All royalties payable under this tariff are exclusive of any applicable federal, provincial or other governmental taxes or levies of any kind.

3. For the purposes of this tariff, the number of patrons that a venue can accommodate is

  • (a) the number of persons that can be present at any time under the venue’s liquor licence;
  • (b) where the venue is not licensed to serve liquor, the number of persons that can be present at any time under any other document issued by a competent authority for this type of venue; or
  • (c) otherwise, the total number of persons in attendance.

Reporting Requirements

4. No later than January 31, the operator of the venue shall pay the royalty for that year and shall provide, for that same year,

  • (a) the name and address of the venue;
  • (b) the name and contact information of the person operating the venue;
  • (c) the number of patrons that the venue can accommodate, with supporting documentation; and
  • (d) the days and months of operation, as used to calculate the royalties.

Records and Audits

5. (1) A person subject to this tariff shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the information set out in section 4 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 who was the subject of the audit.

(4) If an audit discloses that royalties due have been understated in any year by more than 10 per cent, the person who was the subject of the audit shall pay the reasonable costs of the audit within 30 days of the demand for such payment.

Confidentiality

6. (1) Subject to subsections (2) and (3), Re:Sound shall treat in confidence information received pursuant to this tariff, 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 subsection (1)

  • (a) with the Copyright Board;
  • (b) in connection with proceedings before the Board, if the person who supplied the information had the opportunity to request a confidentiality order;
  • (c) to the extent required to effect the distribution of royalties, with royalty claimants; or
  • (d) if ordered by law.

(3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than a person subject to this tariff and who is not under an apparent duty of confidentiality to that person.

Adjustments

7. 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.

Interest on Late Payments

8. 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.

Addresses for Notices, etc.

9. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, suite 900, Toronto, Ontario M5R 3K4, email: danceandfitness@resound.ca, fax number: 416-962-7797, or to any other address, email address or fax number of which a person has been notified in writing.

(2) Anything addressed to a person subject to this tariff shall be sent to the last address, email address or fax number of which Re:Sound has been notified in writing.

Delivery of Notices and Payments

10. (1) A payment shall be delivered by hand or by postage-paid mail. Anything else may be delivered by hand, by postage-paid mail, by email or by fax.

(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 or by email shall be presumed to have been received the day it was transmitted.

Transitional Provisions

11. Any amount that would otherwise be payable pursuant to this tariff before August 1, 2011, shall be due on October 1, 2011, and shall be increased by using the multiplying interest factor (based on the Bank Rate) set out in the following table with respect to each period. Information pertaining to that same period shall be filed with the payment and shall be supplied only if it is available.

2008

2009

2010

2011

1.0554

1.0233

1.0169

1.0083