ARCHIVED — Vol. 146, No. 21 — May 26, 2012

COPYRIGHT BOARD

FILE: Public Performance of Sound Recordings

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

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 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 pursuant to Tariff No. 5 - Use of Music to Accompany Live Events (Parts A to G) for the years 2008 to 2012.

Ottawa, May 26, 2012

GILLES MCDOUGALL
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613-952-8624 (telephone)
613-952-8630 (fax)
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. 5

USE OF MUSIC TO ACCOMPANY LIVE EVENTS

GENERAL PROVISIONS

Short title

1. This tariff may be cited as the Re:Sound Live Events Tariff, 2008-2012.

Definitions

2. In this tariff,

“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.

Records and Audits

4. (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 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 who was the subject of the audit.

(4) If an audit discloses that the royalties owed to Re:Sound during any reporting period have been understated by more than ten per cent, the subject of the audit shall pay the amount of the understatement and the reasonable costs of the audit within 30 days of the demand for such payment.

Confidentiality

5. (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)

  1. (a) in connection with the collection of royalties or the enforcement of a tariff, with SOCAN;

  2. (b) with the Copyright Board;

  3. (c) in connection with proceedings before the Board, if Re:Sound has first provided a reasonable opportunity for the person that supplied the information to request a confidentiality order;

  4. (d) to the extent required to effect the distribution of royalties, with its royalty claimants; or

  5. (e) 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

6. 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

7. 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.

8. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: liveevents@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 to a person subject to this tariff shall be sent to the last address, email address or fax number provided by that person to Re:Sound in writing.

Delivery of Notices and Payments

9. (1) A notice may be delivered by hand, by postage-paid mail, by email or by fax. A payment must be delivered by hand or by postage-paid mail.

(2) A document mailed in Canada shall be presumed to have been received three business days after the day it was mailed.

(3) A document sent by fax or email shall be presumed to have been received the day it was transmitted.

Transitional Provision

10. (1) Any amount that would otherwise be payable pursuant to this tariff on or before July 1, 2012, shall be due on October 1, 2012, and shall be increased by using the multiplying interest factor (based on the Bank Rate) set out in the following tables with respect to each period.

Multiplying factors applicable to quarterly payments:

Q1

Q2

Q3

Q4

2008

1.0672

1.0568

1.0483

1.0399

2009

1.0341

1.0317

1.0304

1.0291

2010

1.0278

1.0266

1.0248

1.0221

2011

1.0189

1.0157

1.0126

1.0094

2012

1.0063

1.0031

 

 

Multiplying factors applicable to yearly payments:

2008

1.0667

2009

1.0340

2010

1.0277

2011

1.0188

2012

1.0063

(2) A person making a payment pursuant to subsection (1) shall also report the information used to calculate the royalty. Any other information required to be provided pursuant to this tariff and pertaining to a period referred to in subsection (1) shall be supplied with the payment, but only if it is available.

A. RECORDED MUSIC ACCOMPANYING LIVE ENTERTAINMENT IN CABARETS, CAFES, CLUBS, RESTAURANTS, ROADHOUSES, TAVERNS AND SIMILAR ESTABLISHMENTS

Application

1. (1) This tariff sets the royalties to be paid 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 in the repertoire of Re:Sound as a part of live entertainment in cabarets, cafes, clubs, restaurants, roadhouses, taverns and similar establishments.

(2) This tariff does not apply to the use of sound recordings as background music, to which Re:Sound (NRCC) Tariff 3 (Use and Supply of Background Music) applies.

(3) This tariff does not apply to the use of sound recordings for the purpose of dancing, to which Re:Sound Tariff 6.A (Use of Recorded Music to Accompany Dance) applies.

(4) This tariff does not apply to the use of sound recordings covered under other parts of Tariff 5.

Royalties

2. (1) The annual fee payable under this tariff shall be 0.9 per cent of the compensation for entertainment paid in the year, subject to a minimum annual fee of $37.64.

(2) “Compensation for entertainment” means the total amounts paid to, plus any compensation received by, all performers, for entertainment of which recorded music forms a part. It does not include expenditures for stage props, lighting equipment, set design, costumes, renovation or expansion of facilities, furniture and equipment.

Reporting Requirements

3. No later than January 31, a person subject to this tariff shall pay to Re:Sound the royalties owing for the previous year and shall provide a report of the compensation paid for entertainment during that previous year.

B. RECEPTIONS, CONVENTIONS, ASSEMBLIES AND FASHION SHOWS

Application

1. This tariff sets the royalties to be paid 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 in the repertoire of Re:Sound as a part of events at receptions (including weddings), conventions, video game events, assemblies and fashions shows.

Royalties

2. The fee payable for each event, or for each day on which a fashion show is held, is as follows:

Room capacity (seating and standing)

Fee per event without dancing

Fee per event with dancing

1-100

 $9.25

$18.51

101-300

$13.30

$26.63

301-500

$27.76

$55.52

Over 500

$39.33

$78.66

Reporting Requirements

3. No later than 30 days after the end of each quarter, a person subject to the tariff shall file with Re:Sound the payment for all events within that quarter and a report for that quarter including

  1. (a) the number of events with and without dancing and the number of days on which a fashion show was held; and

  2. (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.

C. KARAOKE BARS AND SIMILAR ESTABLISHMENTS

Application

1. This tariff sets the royalties to be paid 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 in the repertoire of Re:Sound by means of karaoke machines at karaoke bars and similar establishments.

Royalties

2. The annual fee shall be as follows:

  1. (a) for establishments operating with karaoke no more than three days a week: $86.06; and

  2. (b) for establishments operating with karaoke more than three days a week: $124.00.

Reporting Requirements

3. No later than January 31 of each year, a person subject to this tariff shall pay the applicable fee for that year to Re:Sound and report the number of days it operates with karaoke in a week.

D. FESTIVALS, EXHIBITIONS AND FAIRS

Application

1. (1) This tariff sets the royalties to be paid 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 in the repertoire of Re:Sound at festivals, exhibitions and fairs.

(2) An event that is subject to Tariff 5.D is not subject to any other Re:Sound (NRCC) tariff.

Royalties

2. (1) Where the total attendance (excluding exhibitors and staff and including attendance at any concerts or other separately ticketed events held as part of the festival, exhibition or fair) for the duration of the festival, exhibition or fair does not exceed 75 000 persons, the fee is calculated as follows:

Total Attendance

Fee per Day

Up to 25 000 persons

$8.39

25 001 to 50 000 persons

$21.78

50 001 to 75 000 persons

$42.05

(2) Where the total attendance (excluding exhibitors and staff and including attendance at any concerts or other separately ticketed events held as part of the festival, exhibition or fair) for the duration of the festival, exhibition or fair exceeds 75 000 persons, the fee is calculated as follows:

Total Attendance

Fee per Person

For the first 100 000 persons

0.54¢

For the next 100 000 persons

0.24¢

For the next 300 000 persons

0.18¢

All additional persons

0.13¢

Reporting Requirements

3. (1) In the case of a festival, exhibition or fair that is scheduled yearly, the fee shall be paid on the actual attendance figures in the preceding year, on or before January 31 of the current year. A person subject to this tariff shall submit with the fee the figures for actual attendance for the previous year and the duration, in days, of the festival, exhibition or fair.

(2) In all other cases, a person subject to this tariff shall, within 30 days of a festival’s, exhibition’s or fair’s closing, report its attendance and duration, in days, and submit the fee based on those figures.

(3) Where the reported attendance includes attendance at separately ticketed events held as part of the festival, exhibition or fair, a person subject to this tariff shall report the total attendance and provide a breakdown of the attendance at each separately ticketed event.

E. CIRCUSES, ICE SHOWS, FIREWORKS DISPLAYS, SOUND AND LIGHT SHOWS AND SIMILAR EVENTS

Application

1. (1) This tariff sets the royalties to be paid 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 in the repertoire of Re:Sound at circuses, ice shows, fireworks displays, sound and light shows and similar events.

(2) Subject to subsection (3), this tariff applies to all use of recorded music at the event, whether inside or outside of the venue, and whether such music is played during the event itself, during intermissions, or during the entrance and exit of the audience.

(3) An event that would otherwise be subject to Tariff 5.E is subject to Re:Sound (NRCC) Tariff 3 (Use and Supply of Background Music) if only background music is used at the event.

Royalties

2. (1) The fee payable per event is 0.8 per cent of gross receipts from ticket sales, exclusive of all taxes, including but not limited to sales and amusement taxes, service charges, convenience fees and delivery fees on ticket sales that are charged to the ticket purchaser in addition to the face value ticket price, subject to a minimum fee of $61.85 per event.

(2) Where no admission fee is charged for the event, the minimum fee applies.

Reporting Requirements

3. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound the fee for that event together with a report of its gross receipts, no later than 30 days after the event.

(2) In the case of multiple events within a year, a person subject to this tariff shall file with Re:Sound the fee for all events within the year and report the gross receipts for each event by January 31 of the following year.

(3) Where the total royalties payable for a year exceed $500, payments and reporting for the rest of that year and for the following year shall be made on a quarterly basis.

F. PARADES

Application

1. This tariff sets the royalties to be paid to 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 in the repertoire of Re:Sound by floats with music participating in parades.

Royalties

2. The fee payable is $4.39 for each float with recorded music participating in the parade, subject to a minimum fee of $32.55 per day.

Reporting Requirements

3. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound the fee for that event together with a report of the name and location of the parade and the number of floats with recorded music participating in the parade, no later than 30 days after the event.

(2) In the case of multiple events within a year, a person subject to this tariff shall file with Re:Sound the fee for all events within the year and report the number of parades and the name, location and number of floats with recorded music for each parade by January 31 of the following year.

(3) Where the total royalties payable for a year exceed $500, payments and reporting for the rest of that year and for the following year shall be made on a quarterly basis.

G. PARKS, STREETS AND OTHER PUBLIC AREAS

Application

1. (1) This tariff sets the royalties to be paid 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 in the repertoire of Re:Sound in parks, streets and other public areas.

(2) This tariff does not apply to a performance in public or a communication to the public by telecommunication that is subject to another Re:Sound (NRCC) tariff.

Royalties

2. (1) The fee payable is $16.28 for each day on which recorded music is performed, up to a maximum fee of $111.47 in any three-month period.

(2) If an event takes place in multiple locations, the fee payable under subsection (1) applies to each location in which recorded music is played.

Reporting Requirements

3. (1) In the case of a single event, a person subject to this tariff shall file with Re:Sound the fee for that event together with a report of the date, location and name of the event, no later than 30 days after the event.

(2) In the case of multiple events within a year, a person subject to this tariff shall file with Re:Sound the fee for all events within the year and report the date, location and name of the event for each event by January 31 of the following year.