Canada Gazette, Part I, Volume 151, Number 29: COPYRIGHT BOARD
July 22, 2017
Statement of Royalties to be Collected by Re:Sound for the Public Performance 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 public performance 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 use of recorded music to accompany adult entertainment (Tariff 6.C) for the years 2013 to 2018.
Ottawa, July 22, 2017
56 Sparks Street, Suite 800
STATEMENT OF ROYALTIES TO BE COLLECTED BY RE:SOUND FOR THE PUBLIC PERFORMANCE 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 2013 TO 2018
Tariff No. 6.C
USE OF RECORDED MUSIC TO ACCOMPANY ADULT ENTERTAINMENT
1. This tariff may be cited as the Re:Sound Adult Entertainment Tariff, 2013-2018.
2. In this tariff,
“capacity” means the number of persons that can occupy the establishment (seating and standing), authorized under the establishment's liquor licence or any other document issued by a competent authority for this type of establishment; (« capacité »)
“day” means any period between 6:00 a.m. on one day and 6:00 a.m. the following day during which the establishment operates as an adult entertainment club; (« jour »)
“establishment” means a single location where adult entertainment is performed and includes an adult entertainment club, nightclub, dance club, bar, or hotel; (« établissement »)
“service provider” means a professional service provider which may be retained by a collective society to assist in the conduct of an audit or in the distribution of royalties to rights holders; (« prestataire de services »)
“year” means calendar year. (« année »)
3. (1) This tariff sets the royalties to be paid for the public performance or the communication to the public by telecommunication, in Canada, for the years 2013 to 2018, of published sound recordings embodying musical works and performers' performances of such works to accompany adult entertainment.
(2) This tariff does not apply to a public performance or a communication to the public by telecommunication that is subject to another Re:Sound tariff.
4. (1) The annual royalty fee payable by the establishment is the following fee per day, multiplied by the establishment's capacity:
- (a) 2.6¢ for the years 2013 and 2014; and
- (b) 2.7¢ for the years 2015 to 2018.
(2) All royalties payable under this tariff are exclusive of any applicable federal, provincial or other governmental taxes or levies of any kind.
Royalty Payments and Reporting Requirements
5. (1) No later than January 31, the establishment shall pay the estimated royalties for that year calculated as follows. If the establishment operated in the previous year, the payment will be calculated based on the establishment's capacity and the days of operation during the previous year. If the establishment did not operate during the previous year, or if it was only open for part of the previous year, the payment will be calculated based on the capacity and estimated days of operation for the current year. If an establishment opens after January 31, payment shall be made no later than 30 days after the date the establishment first opened.
(2) Together with the payment and report under subsection (1), the establishment shall provide
- (a) the name and address of the establishment;
- (b) the name and contact information of the person operating the establishment;
- (c) the capacity of the establishment, with supporting documentation; and
- (d) the days of operation, as used to calculate the royalties.
(3) No later than January 31 of the following year, the establishment shall provide Re:Sound with a report of the actual days of operation during the previous year and an adjustment of the royalties payable shall be made accordingly. All additional monies owed shall be paid to Re:Sound by January 31. If the royalties due are less than the amount previously paid, Re:Sound shall credit the amount of the overpayment against future payments. No interest is payable with respect to overpayments or underpayments.
Records and Audits
6. (1) A person subject to this tariff shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the information set out in section 5 can be readily ascertained, including the capacity and days of operation used to calculate the royalties payable.
(2) Re:Sound may audit these records at any time during the period set out in subsection (1), on reasonable notice and during normal business hours.
(3) Re:Sound shall, upon receipt, supply a copy of the report of the audit to the person that was the subject of the audit.
(4) If an audit discloses that royalties due have been understated in any year by more than 10 per cent, the subject of the audit shall pay the amount of the understatement and the reasonable costs of the audit within 30 days of the demand for such payment.
7. (1) Subject to subsections (2), (3) and (4), information received pursuant to this tariff shall be treated in confidence, unless the person who supplied the information consents in writing to the information being treated otherwise.
(2) Information received pursuant to this tariff may be shared
- (a) with Re:Sound's members and service providers;
- (b) in connection with the collection of royalties or the enforcement of the tariff, with SOCAN;
- (c) with the Copyright Board;
- (d) in connection with proceedings before the Copyright Board, if it is protected by a confidentiality order;
- (e) to the extent required to effect the distribution of royalties; or
- (f) if required by law.
(3) Where confidential information is shared with service providers as per paragraph (2)(a), those service providers shall sign a confidentiality agreement which shall be shared with the affected establishment prior to the release of the information.
(4) Subsection (1) does not apply to information that is publicly available, to aggregated information, or to information obtained from someone other than the person who supplied the information and who is not under an apparent duty of confidentiality to that person with respect to the supplied information.
8. Subject to subsection 5(3), adjustments in the amount of royalties owed (including excess payments), as a result of the discovery of an error or otherwise, shall be made on the date the next royalty payment is due. Excess payments are not subject to interest.
Interest on Late Payments
9. (1) In the event that a person subject to this tariff does not pay the amount owed under the tariff by the due date, the person shall pay to Re:Sound interest calculated on the amount owed from the due date until the date the amount is received by Re:Sound.
(2) 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.
10. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: firstname.lastname@example.org, fax number: 416-962-7797, or to any other address, email address or fax number of which the sender has been notified in writing.
(2) Anything addressed to a person subject to this tariff shall be sent to the last address, email address or fax number provided by that person to Re:Sound in writing.
(3) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed.
(4) Anything sent by fax or by email shall be presumed to have been received the day it was transmitted.
11. Any amount owed as a result of this tariff 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.