Vol. 148, No. 30 — July 26, 2014

COPYRIGHT BOARD

FILE: Public Performance of Musical Works

Statement of Royalties to Be Collected by SOCAN for the Public Performance or the Communication to the Public by Telecommunication, in Canada, of Musical or Dramatico-Musical 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 the Society of Composers, Authors and Music Publishers of Canada (SOCAN) for the public performance or the communication to the public by telecommunication, in Canada, of musical or dramatico-musical works in respect of the following tariffs and the following years:

Ottawa, July 26, 2014

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)

TARIFFS OF ROYALTIES TO BE COLLECTED BY THE SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA (SOCAN)

in compensation for the right to perform in public or to communicate to the public by telecommunication, in Canada, musical or dramatico-musical works forming part of its repertoire.

GENERAL PROVISIONS

All amounts payable under these tariffs are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

As used in these tariffs, the terms “licence,” “licence to perform” and “licence to communicate to the public by telecommunication” mean a licence to perform in public or to communicate to the public by telecommunication or to authorize the performance in public or the communication to the public by telecommunication, as the context may require.

Except where otherwise specified, fees payable for any licence granted by SOCAN shall be due and payable upon the granting of the licence. 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 of Canada rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

Each licence shall subsist according to the terms set out therein. SOCAN shall have the right at any time to terminate a licence for breach of terms or conditions upon 30 days’ notice in writing.

Tariff No. 4

LIVE PERFORMANCES AT THEATRES OR OTHER PLACES OF ENTERTAINMENT (in 2009, 2010 and 2011)

A. Popular Music Concerts

1. Per Event Licence

For a licence to perform, at any time and as often as desired in 2009, 2010 and 2011, any or all of the works in SOCAN’s repertoire, as live performances by musicians, singers, or both, and other entertainers at theatres or other places where entertainment is presented, including open-air events, the fee payable per concert is as follows:

“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff 4.A.1 does not apply to performances covered under Tariff 3.A.

2. Annual Licence

For an annual licence to perform, at any time and as often as desired in 2009, 2010 and 2011, any or all of the works in SOCAN’s repertoire, as live performances by musicians, singers, or both, and other entertainers at theatres or other places where entertainment is presented, including open-air events, the fee payable per concert is as follows:

“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.

The licensee shall estimate the fee payable for the year for which the licence is issued, based on the total receipts/fees paid for the previous year, and shall pay such estimated fee to SOCAN on or before January 31 of the year for which the licence is issued. Payment of the fee shall be accompanied by a report of the gross receipts/fees paid for the previous year.

If the gross receipts/fees paid reported for the previous year were not based on the entire year, payment of this fee shall be accompanied by a report estimating the gross receipts/fees paid for the entire year for which the licence is issued.

On or before January 31 of the following year, a report shall be made of the actual gross receipts/fees paid during the calendar year for which the licence is issued, an adjustment of the licence fee payable to SOCAN shall be made, and any additional fees due on the basis of the actual gross receipts/fees paid. If the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff 4.A.2 does not apply to performances covered under Tariff 3.A.

B. Classical Music Concerts

1. Per Concert Licence

For a licence to perform, at any time and as often as desired in 2009, 2010 and 2011, any or all of the works in SOCAN’s repertoire, as live performances by musicians, singers, or both, at concerts or recitals of classical music, the fee payable per concert is as follows:

“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

2. Annual Licence for Orchestras

[NOTE: Tariff No. 4.B.2 was certified by the Copyright Board for the years 2008 to 2012 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

3. Annual Licence for Presenting Organizations

For an annual licence to perform, at any time and as often as desired in 2009, 2010 and 2011, any or all of the works in SOCAN’s repertoire, during a series of concerts or recitals of classical music forming part of an artistic season of a presenting organization, the fee payable per concert is as follows:

0.96 per cent of gross receipts from ticket sales and subscription and membership revenues, for all concerts (including concerts where no work of SOCAN’s repertoire is performed), exclusive of sales and amusement taxes, with a minimum annual fee of $35.

Where a series of concerts and recitals forming part of a presenting organization’s artistic season is free of charge, the fee payable is as follows:

0.96 per cent of fees paid to singers, musicians, dancers, conductors, and other performing artists, for all concerts (including concerts where no work of SOCAN’s repertoire is performed) in the series, with a minimum annual fee of $35.

No later than January 31 of the year for which the licence is issued, the licensee shall file with SOCAN a report estimating the gross receipts from ticket sales and subscription and membership revenues for that year. For a series of free concerts and recitals, the licensee shall file a report estimating the fees paid to singers, musicians, dancers, conductors, and other performing artists for all concerts in the series. If the estimated payment is $100 or less, payment shall accompany the report. Otherwise, payments based on the report’s estimate shall be made quarterly within 30 days of the end of each quarter.

No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual gross receipts from ticket sales and subscription and membership revenues or, for a series of free concerts and recitals, the actual fees paid to singers, musicians, dancers, conductors and other performing artists, during the year for which the licence is issued, and an adjustment of the licence fee shall be paid to SOCAN. Any amount due shall accompany the report; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

Where fees are paid under this tariff, no fees shall be payable under Tariff 4.B.1.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 4

LIVE PERFORMANCES AT CONCERT HALLS, THEATRES AND OTHER PLACES OF ENTERTAINMENT (in 2012, 2013 and 2014)

A. Popular Music Concerts

1. Per Event Licence

For a licence to perform, by means of performers in person at a concert in 2012, 2013 and 2014, any or all of the works in SOCAN’s repertoire at concert halls, theatres and other places where entertainment is presented, including open-air events, the fee payable per concert is as follows:

For greater certainty, Tariff 4.A.1 applies to the performance of musical works by lip synching and miming.

“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.

Administrative Provisions

No later than 30 days after the concert, the licensee shall

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff 4.A.1 does not apply to performances covered under Tariff 3.A.

2. Annual Licence

For an annual licence to perform, by means of performers in person at a concert in 2012, 2013 and 2014, any or all of the works in SOCAN’s repertoire, at concert halls, theatres and other places where entertainment is presented, including open-air events, the fee payable per concert is as follows:

For greater certainty, Tariff 4.A.2 applies to the performance of musical works by lip synching and miming.

“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.

No later than 30 days after each concert, the licensee shall (a) provide the names, addresses and telephone numbers of the concert promoters and the owners of the venue where the concert took place, if other than the licensee; (b) provide the name of all performers or the performing group at the concert, if available; and (c) provide the title of each musical work performed, if available.

The licensee shall estimate the fee payable for the year for which the licence is issued, based on the total receipts/fees paid for the previous year, and shall pay such estimated fee to SOCAN on or before January 31 of the year for which the licence is issued. Payment of the fee shall be accompanied by a report of the gross receipts/fees paid for the previous year.

If the gross receipts/fees paid reported for the previous year were not based on the entire year, payment of this fee shall be accompanied by a report estimating the gross receipts/fees paid for the entire year for which the licence is issued.

On or before January 31 of the following year, a report shall be made of the actual gross receipts/fees paid during the calendar year for which the licence is issued, an adjustment of the licence fee payable to SOCAN shall be made, and any additional fees due on the basis of the actual gross receipts/fees paid. If the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff 4.A.2 does not apply to performances covered under Tariff 3.A.

B. Classical Music Concerts

1. Per Concert Licence

For a licence to perform, by means of performers in person at a concert in 2012, 2013 and 2014, any or all of the works in SOCAN’s repertoire, at concerts or recitals of classical music, the fee payable per concert is as follows:

For greater certainty, Tariff 4.B.1 applies to the performance of musical works by lip synching or miming.

“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.

Administrative Provisions

No later than 30 days after the concert, the licensee shall

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

2. Annual Licence for Orchestras [in 2013 and 2014]

[NOTE: Tariff No. 4.B.2 was certified by the Copyright Board for the years 2008 to 2012 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

For an annual licence to perform, at any time and as often as desired in the years 2013 and 2014, any or all of the works in SOCAN’s repertoire, as live performances by orchestras (including singers), at concerts or recitals of classical music, an annual fee calculated in accordance with the following is payable in semi-annual instalments by no later than January 31 and July 31 of each year:

  Annual Fee (× total number of concerts)
Annual Orchestra Budget 2013 2014
$0 to $100,000 $71 $72
$100,001 to $500,000 $115 $116
$500,001 to $1,000,000 $187 $189
$1,000,001 to $2,000,000 $234 $236
$2,000,001 to $5,000,000 $390 $394
$5,000,001 to $10,000,000 $428 $432
Over $10,000,000 $467 $472

“Orchestras” include a musical group which offers to the public one or more series of concerts or recitals that have been predetermined in an annual budget.

Included in the “total number of concerts” are the ones where no work of SOCAN’s repertoire is performed.

Where fees are paid under this tariff, no fees shall be payable under Tariff 4.B.1.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

3. Annual Licence for Presenting Organizations

For an annual licence to perform, by means of performers in person at a concert in 2012, 2013 and 2014, any or all of the works in SOCAN’s repertoire, during a series of concerts or recitals of classical music forming part of an artistic season of a presenting organization, the fee payable per concert is as follows:

0.96 per cent of gross receipts from ticket sales and subscription and membership revenues, for all concerts (including concerts where no work of SOCAN’s repertoire is performed), exclusive of any applicable taxes, with a minimum annual fee of $35.

Where a series of concerts and recitals forming part of a presenting organization’s artistic season is free of charge, the fee payable is as follows:

0.96 per cent of fees paid to singers, musicians, dancers, conductors, and other performers, for all concerts (including concerts where no work of SOCAN’s repertoire is performed) in the series, with a minimum annual fee of $35.

For greater certainty, Tariff 4.B.3 applies to the performance of musical works by lip synching or miming.

No later than 30 days after each concert, the licensee shall (a) provide the names, addresses and telephone numbers of the concert promoters and the owners of the venue where the concert took place, if other than the licensee; (b) provide the name of all performers or the performing group at the concert, if available; and (c) provide the title of each musical work performed, if available.

No later than January 31 of the year for which the licence is issued, the licensee shall file with SOCAN a report estimating the gross receipts from ticket sales, and subscription and membership revenues for that year. For a series of free concerts and recitals, the licensee shall file a report estimating the fees paid to singers, musicians, dancers, conductors, and other performing artists for all concerts in the series. If the estimated payment is $100 or less, payment shall accompany the report. Otherwise, payments based on the report’s estimate shall be made quarterly within 30 days of the end of each quarter.

No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual gross receipts from ticket sales and subscription and membership revenues or, for a series of free concerts and recitals, the actual fees paid to singers, musicians, dancers, conductors and other performing artists, during the year for which the licence is issued, and an adjustment of the licence fee shall be paid to SOCAN. Any amount due shall accompany the report; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

Where fees are paid under this tariff, no fees shall be payable under Tariff 4.B.1.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.