Vol. 145, No. 28 — July 9, 2011
ARCHIVED — Supplement
COPYRIGHT BOARD
FILES: Public Performance of Musical Works 2006-2011; Public Performance of Sound Recordings 2006-2011
Statement of Royalties to Be Collected by SOCAN and Re:Sound in Respect of the Radio of the Canadian Broadcasting Corporation (CBC)
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 from the radio of the Canadian Broadcasting Corporation (CBC), by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) for the communication to the public by telecommunication, in Canada, of musical works for the years 2006 to 2011 and by Re:Sound Music Licensing Company (Re:Sound) for 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 2006 to 2011.
Ottawa, July 9, 2011
GILLES McDOUGALL
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613-952-8624 (telephone)
gilles.mcdougall@cb-cda.gc.ca (email)
STATEMENT OF ROYALTIES TO BE COLLECTED FROM THE RADIO OF THE CANADIAN BROADCASTING CORPORATION (CBC), BY THE SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA (SOCAN) AND BY RE:SOUND MUSIC LICENSING COMPANY (RE:SOUND) FOR THE COMMUNICATION TO THE PUBLIC BY TELECOMMUNICATION, IN CANADA, OF MUSICAL WORKS AND OF PUBLISHED SOUND RECORDINGS EMBODYING MUSICAL WORKS AND PERFORMERS’ PERFORMANCES OF SUCH WORKS FOR THE YEARS 2006 TO 2011
Short Title
1. This tariff may be cited as the SOCAN-Re:Sound CBC Radio Tariff, 2006-2011.
Application
2. This tariff sets the royalties to be paid by the CBC for the communication to the public by telecommunication, in Canada, for private or domestic use, of musical works in the repertoire of SOCAN and of published sound recordings embodying musical works and performers’ performances of such works in the repertoire of Re:Sound, by over-the-air radio broadcasting and by simulcasting of an over-the-air radio signal.
Royalties
3. (1) CBC shall pay, per month, on the first day of each month, the following amounts to SOCAN and Re:Sound:
|
YEAR |
SOCAN |
RE:SOUND |
|---|---|---|
|
2006 |
$131,869.23 |
$101,959.21 |
|
2007 |
$133,332.98 |
$103,090.96 |
|
2008 |
$136,506.30 |
$105,544.53 |
|
2009 |
$138,676.75 |
$107,222.68 |
|
2010 |
$141,575.10 |
$109,463.64 |
|
2011 |
$144,406.60 |
$111,652.91 |
(2) The royalties set in paragraph (1) are exclusive of any applicable federal, provincial or other government taxes or levies of any kind.
Interest on Late Payments
4. 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.
Music Use Information
5. (1) Each month, CBC shall provide to both SOCAN and Re:Sound the following information in respect of each musical work, or part thereof, and each sound recording embodying a musical work, or part thereof, broadcast by each of CBC’s conventional radio stations, as may be applicable:
- (a) the date, time, duration of the broadcast of the musical work and sound recording, and the type of broadcast (e.g. local, regional);
- (b) the title of the work and the name of its author, composer and arranger;
- (c) the type of usage (feature, theme, background, etc.);
- (d) the title and catalogue number of the album, the name of the main performer or performing group and the record label, and whether the track performed is a published sound recording;
- (e) the name of the program, station (including call letters) and location of the station on which the musical work or sound recording was broadcast; and
- (f) where possible, the International Standard Musical Work Code (ISWC) of the work, the Universal Product Code (UPC) of the album, the International Standard Recording Code (ISRC) of the sound recording, the names of all of the other performers (if applicable), the duration of the musical work and sound recording as listed on the album and the track number on the album.
(2) The information set out in subsection (1) shall be provided electronically, in Excel format or in any other format agreed upon by SOCAN, Re:Sound and CBC, with a separate field for each piece of information required in paragraphs (a) to (f), no later than 15 days after the end of the month to which it relates.
Transitional Provisions
6. Royalties owed on or before August 1, 2011, as a result of differences between this tariff and either SOCAN Tariff 1.C (Canadian Broadcasting Corporation, 2002 to 2005) or NRCC Tariff 1.C (Canadian Broadcasting Corporation, 2003 to 2005) shall be due on October 1, 2011 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. Information pertaining to that same period shall be filed with the payment and shall be supplied only if it is available.
|
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
|
|---|---|---|---|---|---|---|
|
January |
1.1421 |
1.0983 |
1.0523 |
1.0223 |
1.0165 |
1.0073 |
|
February |
1.1390 |
1.0946 |
1.0488 |
1.0213 |
1.0160 |
1.0063 |
|
March |
1.1356 |
1.0908 |
1.0456 |
1.0206 |
1.0156 |
1.0052 |
|
April |
1.1321 |
1.0871 |
1.0429 |
1.0202 |
1.0152 |
1.0042 |
|
May |
1.1283 |
1.0833 |
1.0402 |
1.0198 |
1.0148 |
1.0031 |
|
June |
1.1246 |
1.0796 |
1.0375 |
1.0194 |
1.0142 |
1.0021 |
|
July |
1.1208 |
1.0756 |
1.0348 |
1.0190 |
1.0133 |
1.0010 |
|
August |
1.1171 |
1.0717 |
1.0321 |
1.0185 |
1.0125 |
1.0000 |
|
September |
1.1133 |
1.0677 |
1.0294 |
1.0181 |
1.0115 |
|
|
October |
1.1096 |
1.0638 |
1.0273 |
1.0177 |
1.0104 |
|
|
November |
1.1058 |
1.0598 |
1.0252 |
1.0173 |
1.0094 |
|
|
December |
1.1021 |
1.0560 |
1.0238 |
1.0169 |
1.0083 |