Vol. 151, No. 35 — September 2, 2017

COPYRIGHT BOARD

Statement of Royalties to Be Collected by 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 by background music suppliers for the years 2010 to 2013 (Tariff 3.A) and for the use of background music for the years 2010 to 2015 (Tariff 3.B).

Ottawa, September 2, 2017

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 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 2010-2015

GENERAL PROVISIONS

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

Tariff No. 3.A
BACKGROUND MUSIC SUPPLIERS
Short Title

1. This tariff may be cited as the Re:Sound Background Music Suppliers Tariff, 2010-2013.

Definitions

2. (1) In this tariff,

Act” means the Copyright Act, R.S.C. 1985, c. C-42, as amended; (« Loi »)

“background music supplier” means a person who provides a service of supplying recorded music for performance in public by an establishment dealing at arm’s length; (« fournisseur de musique de fond »)

“establishment” means a place to which the public, including employees, has access, and includes, but is not limited to, a retail store, restaurant, hotel, bar, workplace, park, club or school, as well as a means of public transportation. In the case of a business which has multiple locations, each separate location is a separate establishment; (« établissement »)

“recorded music” means published sound recordings embodying musical works and performers’ performances of such works; (« musique enregistrée »)

“revenues” means any amount paid to subscribe to a background music service, net of any amount paid by the subscriber for the equipment provided to him; (« recettes »)

“small cable transmission system” has the meaning attributed to it in sections 3 and 4 of the Definition of “Small Cable Transmission System” Regulations, SOR/94-755 (Canada Gazette,Part II, Vol. 128, page 4096), amended by SOR/2005-148 (Canada Gazette, Part II, Vol. 139, page 1195); (« petit système de transmission par fil »)

“year” means a calendar year. (« année »)

(2) For the purposes of this tariff, related persons shall be deemed not to deal with each other at arm’s length, unless the related person who provides a service of supplying recorded music for the performance in public by an establishment (the “Related Music Supplier”)

Application
Royalties Payable When Recorded Music is Provided by a Background Music Supplier
Reporting Requirements
Accounts and Records
Confidentiality
Adjustments
Interest on Late Payments
Addresses for Notices, etc.
Delivery of Notices and Payments
Transitional Provisions
Tariff No. 3.B
USE OF BACKGROUND MUSIC
Short Title

1. This tariff may be cited as the Re:Sound Background Music Tariff, 2010-2015.

Definitions

2. (1) In this tariff,

Act” means the Copyright Act, R.S.C. 1985, c. C-42, as amended; (« Loi »)

“establishment” means a place to which the public has access, and includes, but is not limited to, a retail store, restaurant, hotel, bar, workplace, park, club or school, as well as a means of public transportation. In the case of a business which has multiple locations, each separate location is a separate establishment; (« établissement »)

“recorded music” means published sound recordings embodying musical works and performers’ performances of such works; (« musique enregistrée »)

“trunk line” means a telephone line, whether digital or analog, linking telephone switching equipment to the public switched telephone network. (« ligne principale de standard »)

Application
Royalties Payable
Reporting Requirements
Accounts and Records
Confidentiality
Adjustments
Interest on Late Payments
Addresses for Notices, etc.
Delivery of Notices and Payments
Transitional Provisions

12. Any amount owed as a result of differences between this tariff and what an establishment has already paid for the period from January 1, 2010, to December 31, 2015, shall be due on November 30, 2017, and shall be increased by using the multiplying interest factors (based on the Bank Rate) set out in the following table with respect to each period. Reports required under section 5 shall also be filed on or before November 30, 2017.

Year

Interest Factor

2010

1.0810

2011

1.0726

2012

1.0601

2013

1.0476

2014

1.0351

2015

1.0226