Vol. 149, No. 24 — June 13, 2015

COPYRIGHT BOARD

FILE: Reproduction of Performers’ Performances

Statement of Proposed Royalties to Be Collected for the Fixation of Performances and the Reproduction and Distribution of Performances Fixed by Performers in the Form of Phonograms

In accordance with section 70.14 of the Copyright Act, the Copyright Board hereby publishes the statement of proposed royalties filed by ARTISTI, on March 31, 2015, with respect to royalties it proposes to collect from producers and record companies, effective January 1, 2016, for the fixation of performances and the reproduction and distribution of performances fixed by performers in the form of phonograms for the years 2016 to 2018.

In accordance with the provisions of the same section, the Board hereby gives notice that prospective users or their representatives who wish to object to the statement may file written objections with the Board, at the address indicated below, within 60 days of the publication hereof, that is no later than August 12, 2015.

Ottawa, June 13, 2015

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 FROM PRODUCERS AND RECORD COMPANIES BY ARTISTI FOR THE FIXATION OF PERFORMANCES AND THE REPRODUCTION AND DISTRIBUTION OF PERFORMANCES FIXED BY PERFORMERS IN THE FORM OF PHONOGRAMS FOR THE YEARS 2016 TO 2018

Short title

1. This tariff may be cited as ARTISTI’s Fixation, Reproduction and Distribution of Performances in the Form of Phonograms Tariff (2016-2018).

Definitions and interpretation

2. (1) The following definitions apply in this tariff:

“accompanying performer”: the role of a performer who accompanies, in the background, the principal performer; (« artiste accompagnateur »)

“audio book”: a recording made up solely of the recitation of a literary work lasting more than 15 minutes; (« audio livre »)

“distributor”: a person authorized by a record company to distribute and transfer ownership, through sale or gift, of a phonogram for private use; (« distributeur »)

“performance”: the performance of a work by a performer who has entrusted ARTISTI with the management of the copyrights covered by this tariff; (« prestation »)

“phonogram”: an exclusively sound-based support, in the form of a tangible object, on which a sound recording is reproduced and from which a performance may be heard; (« phonogramme »)

“principal performer”: the role of the performer whose performance is in the foreground of the sound recording; (« artiste principal »)

“producer”: a person who fixes a performance on a sound recording; (« producteur »)

“record company”: a person authorized by a producer to market a sound recording and who controls its marketing, promotion and the manufacturing of a phonogram on which the sound recording is reproduced, as well as the distribution of the phonogram; (« maison de disques »)

“semester”: period during the calendar year lasting six months starting on January 1 or July 1; (« semestre »)

“sound recording”: recording consisting of a performance of a single work, fixed in any material form, and used notably for reproduction in the form of a phonogram. (« enregistrement sonore »)

(2) In this tariff, the masculine includes the feminine and the singular includes the plural.

Application

3. (1) This tariff

(2) This tariff does not apply to audio books.

(3) This tariff does not authorize the modification of a performance or its use in association with a product, a service, a cause or an institution.

Fixing performances on a sound recording

Request for a licence for fixation of a performance

4. (1) Before the date on which a performance is to be fixed, the producer shall request, in writing, a licence from ARTISTI. Said request shall identify the producer and indicate for each planned sound recording

Royalties for fixing performances on a sound recording

(2) The producer shall pay ARTISTI the following royalties for the fixation of performances on a sound recording:

Reports for and payment of royalties for fixation

(3) No later than thirty (30) days following the latest fixation of a performance on a sound recording covered by the licence issued following a request made pursuant to subsection 4(1) of this tariff, the producer shall

Reproduction and distribution of phonograms involving at least one sound recording

Request for a licence to reproduce a sound recording in the form of a phonogram, and the distribution thereof

5. (1) Before the release date of a phonogram on which a sound recording is reproduced, the record company shall request a licence, in writing, from ARTISTI. Said request shall identify the record company and indicate the following information with respect to:

Requirements for issuing the licence

(2) For each licence to be issued or issued pursuant to subsection 5(1) of this tariff, the record company shall respect the following terms and conditions:

Royalties for the reproduction and distribution of phonograms

Reports and payments of royalties for reproduction and distribution

Records and verification

Confidentiality

Licence non transferable

7. The licences granted pursuant to this tariff are not transferable.

Default and termination

8. (1) In the case of a failure to perform the obligations provided for in this tariff, and if such failure is not remedied within thirty (30) days following a written notice to this effect given by ARTISTI

(2) The producer, record company or distributor which becomes insolvent, commits an act of bankruptcy, makes an assignment for the benefit of its creditors, files for protection under the Companies’ Creditors Arrangement Act or other comparable legislation in another jurisdiction, winds up its affairs, ceases to carry on business, or has a receiver/manager appointed for it or a substantial portion of its property is not entitled to do any act described in section 3 as of the day immediately preceding the date of the relevant event.

Payment errors

9. If the producer, record company or ARTISTI discovers an error with respect to a payment made to ARTISTI pursuant to the tariff

Interest and penalties relating to late payments and reports

10. (1) Any amount owed pursuant to this tariff that is not received by the due date shall bear interest from that date until the date payment is received by ARTISTI. Interest shall be calculated on a daily basis at a rate of one per cent above the prime rate in effect on the last day of the preceding month (as published by the Bank of Canada). Interest shall not compound.

(2) If the record company or, failing which, the distributor, fails to provide any report pursuant to this tariff, the record company shall pay ARTISTI a late payment fee of $50 per day as of the due date, up to and until the date on which a given report is received by ARTISTI.

Taxes

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

Addresses for all communication

12. (1) Communications intended for ARTISTI shall be sent to the following email address: licence@artisti.ca.

(2) Communications with the producer, the record company or the distributor shall be sent to the last known address or electronic address or fax number given to ARTISTI in writing.

Transmission of communications and payments

13. (1) A payment owing pursuant to this tariff is made through ARTISTI’s Paypal account, which can be accessed through its website at www.artisti.ca.

(2) Communications mailed from Canada are presumed to have been received four (4) working days after the date of mailing.

(3) Communications sent by fax or by email are presumed to have been received on the day of transmission.