Vol. 148, No. 50 — December 13, 2014

COPYRIGHT BOARD

FILE: Private Copying 2016

Tariff of Levies to Be Collected by CPCC in 2016 on the Sale, in Canada, of Blank Audio Recording Media

In accordance with subsection 83(10) of the Copyright Act, the Copyright Board has certified and hereby publishes the tariff of levies to be collected by the Canadian Private Copying Collective (CPCC) effective January 1, 2016, on the sale, in Canada, of blank audio recording media for the year 2016.

Ottawa, December 13, 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)

TARIFF OF LEVIES TO BE COLLECTED BY CPCC IN 2016 ON THE SALE OF BLANK AUDIO RECORDING MEDIA, IN CANADA, IN RESPECT OF THE REPRODUCTION FOR PRIVATE USE OF MUSICAL WORKS EMBODIED IN SOUND RECORDINGS, OF PERFORMERS’ PERFORMANCES OF SUCH WORKS OR OF SOUND RECORDINGS IN WHICH SUCH WORKS AND PERFORMANCES ARE EMBODIED

Note to readers (this note is not part of the tariff)

On June 25, 2013, pursuant to paragraph 83(13)(b) of the Act, the Board made the Regulations Establishing the Periods Within Which Eligible Authors, Eligible Performers and Eligible Makers not Represented by Collective Societies Can Claim Private Copying Remuneration. (see footnote 1) As required by this paragraph, the period within which an eligible rights holder who has not authorized a collective to file a proposed tariff is entitled to be paid a share of private copying royalties begins when a tariff ceases to be effective. For reasons outlined in the Regulatory Impact Analysis Statement (RIAS) published with the Regulations, (see footnote 2) CPCC is of the view that this requirement unduly complicates the allocation of royalties collected pursuant to a multi-year tariff. To avoid such complications, and as the Board had indicated in the RIAS, we certify for 2015 and 2016 tariffs that are separate, though identical in all respects except for their effective period.

Short Title

1. This tariff may be cited as the Private Copying Tariff, 2016.

Definitions

2. In this tariff,

“accounting period” means the first two months of a calendar year, and each subsequent period of two months; (« période comptable »)

Act” means the Copyright Act; (« Loi »)

“blank audio recording medium” means

“CPCC” means the Canadian Private Copying Collective; (« SCPCP »)

“importer” means a person who, for the purpose of trade, imports a blank audio recording medium in Canada; (« importateur »)

“manufacturer” means a person who, for the purpose of trade, manufactures a blank audio recording medium in Canada, and includes a person who assembles such a medium; (« fabricant »)

“semester” means from January to June or from July to December. (« semestre »)

SUBSTANTIVE PROVISIONS

Levy

3. (1) Subject to subsection (2), the levy rate shall be 29¢ for each CD-R, CD-RW, CD-R Audio or CD-RW Audio.

(2) Pursuant to subsections 82(2) and 86(1) of the Act, no levy is payable

Collecting Body

4. CPCC is the collecting body designated pursuant to paragraph 83(8)(d) of the Act.

Distribution of Levies Paid

5. CPCC shall distribute the amounts it collects, less its operating costs, as follows:

Taxes

6. All amounts payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

ADMINISTRATIVE PROVISIONS

Payments

7. (1) Subject to subsection (2), the levy for a blank audio recording medium sold or otherwise disposed of in any given accounting period shall be due no later than the last day of the month following that accounting period.

(2) Any manufacturer or importer who paid less than $2,000 in the previous semester may opt to make payments every semester after having so notified CPCC. The payment is then due on the last day of the month following that semester.

Reporting Requirements

8. Every manufacturer or importer shall provide to CPCC the following information with each payment:

Accounts and Records

9. (1) Every manufacturer or importer shall keep and preserve for a period of six years records from which CPCC can readily ascertain the amounts payable and the information required under this tariff. These records shall be constituted of original source documents sufficient to determine all sources of supply of blank audio recording media, the number of media acquired or manufactured and the manner in which they were disposed of. They shall include, among other things, purchase, sale and inventory records, as well as financial statements when these are reasonably necessary to verify the accuracy and completeness of the information provided to CPCC.

(2) CPCC may audit these records at any time on reasonable notice and during normal business hours. It is entitled to conduct reasonable procedures and make reasonable inquiries with the person being audited and with others, to confirm the completeness and accuracy of the information reported to CPCC.

(3) If an audit discloses that the amounts due to CPCC have been understated by more than ten per cent in any accounting period or semester, as the case may be, the manufacturer or importer shall pay the reasonable costs of audit within 30 days of the demand for such payment.

Confidentiality

10. (1) Subject to subsections (2) to (5), CPCC shall treat in confidence information received from a manufacturer or importer pursuant to this tariff, unless the manufacturer or importer consents in writing to the information being treated otherwise.

(2) CPCC may share information referred to in subsection (1)

(3) A collective society represented by CPCC may share information obtained pursuant to subsection (2)

(4) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than the manufacturer or importer who is not under an apparent duty of confidentiality to the manufacturer or importer.

(5) Notwithstanding the foregoing, the corporate name of a manufacturer or importer, the trade name under which it carries on business and the types of blank audio recording media reported by it pursuant to paragraph 8(d) of this tariff shall not be considered confidential information.

Adjustments

11. Adjustments in the amount owed by a manufacturer or importer (including excess payments), as a result of the discovery of an error or otherwise, shall be made on the date the next payment is due.

Interest on Late Payments

12. 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.

13. (1) Anything that a manufacturer or importer sends to CPCC shall be sent to 150 Eglinton Avenue E, Suite 403, Toronto, Ontario M4P 1E8, telephone: 416-486-6832 or 1-800-892-7235, fax: 416-486-3064, or to any other address of which the manufacturer or importer has been notified.

(2) Anything that CPCC sends to a manufacturer or importer shall be sent to the last address of which CPCC has been notified.

Delivery of Notices and Payments

14. (1) A notice may be delivered by hand, by postage-paid mail, by fax or by email. Payments shall be delivered by hand or by postage-paid mail.

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

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