Canada Gazette, Part I, Volume 154, Number 32: COPYRIGHT BOARD

August 8, 2020

SUPPLEMENT Vol. 154, No. 32

Canada Gazette

Part I

OTTAWA, SATURDAY, AUGUST 8, 2020

COPYRIGHT BOARD

SOCAN Tariff 13.A – Public Conveyances – Aircraft (2018-2022)
SOCAN Tariff 13.B – Public Conveyances – Passenger Ships (2018-2022)
SOCAN Tariff 13.C – Public Conveyances – Railroad Trains, Buses and Other Public Conveyances, Excluding Aircraft and Passenger Ships (2018-2022)

Citation: 2020 CB 011-T
See also: SOCAN Tariffs 13.A, 13.B and 13.C (2018-2022), 2020 CB 011

Published pursuant to section 70.1 of the Copyright Act

Lara Taylor
Secretary General
613‑952‑8621 (telephone)
registry-greffe@cb-cda.gc.ca (email)

SOCAN TARIFF 13.A – PUBLIC CONVEYANCES – AIRCRAFT (2018-2022)
SOCAN TARIFF 13.B – PUBLIC CONVEYANCES – PASSENGER SHIPS (2018-2022)
SOCAN TARIFF 13.C – PUBLIC CONVEYANCES – RAILROAD TRAINS, BUSES AND OTHER PUBLIC CONVEYANCES, EXCLUDING AIRCRAFT AND PASSENGER SHIPS (2018-2022)

General Provisions

All amounts payable under these tariffs are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

As used in these tariffs, the terms “licence,” “licence to perform” and “licence to communicate to the public by telecommunication” mean a licence to perform in public or to communicate to the public by telecommunication or to authorize the performance in public or the communication to the public by telecommunication, including the right to make works available to the public by telecommunication in a way that allows a member of the public to have access to them from a place and at a time individually chosen by that member of the public.

Except where otherwise specified, fees payable for any licence granted by SOCAN shall be due and payable upon grant of the licence. 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.

Each licence shall subsist according to the terms set out therein. SOCAN shall have the right at any time to terminate a licence for breach of terms or conditions upon 30 days’ notice in writing.

SOCAN TARIFF 13.A – PUBLIC CONVEYANCES – AIRCRAFT (2018-2022)

Tariff

Tariff of royalties to be collected by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) in compensation for the right to perform in public or to communicate to the public by telecommunication, in Canada, musical or dramatico-musical works forming part of its repertoire including the right to make such works available to the public by telecommunication in a way that allows a member of the public to have access to them from a place and at a time individually chosen by that member of the public.

For a licence to perform in an aircraft, by means of recorded music (including music in audio-visual programming), at any time and as often as desired in the years 2018, 2019, 2020, 2021 and 2022, any or all of the works in SOCAN’s repertoire, the annual fee payable for each aircraft owned or operated by the licensee is calculated as follows:

Where fees for an aircraft are paid under Tariff 13.A.2, no fees are payable for that aircraft under Tariff 13.A.1.

For the purpose of this Tariff, an aircraft is not “in service” if it is no longer owned, leased or under contract by the licensee or during any period of 15 consecutive days or more that it has not been used to carry the licensee’s passengers.

The licensee shall estimate the fee payable for the year for which the licence is issued, based on the total seating capacity of all aircraft owned or operated by it during the previous year, and shall pay such estimated fee to SOCAN on or before January 31 of the year for which the licence is issued. Payment of the fee shall be accompanied by the report required in the next paragraph.

On or before January 31, a report shall be provided showing the number of aircraft operated by the licensee during the preceding year, as well as, for each aircraft, its seating capacity, the dates of any 15 consecutive days or more that it was not used to carry the licensee’s passengers, and the applicable Tariff 13.A item (13.A.1 or 13.A.2). Any adjustment of the licence fee payable to SOCAN from the estimated amount previously paid shall be made and any additional fees due on the basis of the actual seating capacity shall be paid at that time. If the fee due is less than the estimated amount previously paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

SOCAN TARIFF 13.B – PUBLIC CONVEYANCES – PASSENGER SHIPS (2018-2022)

Tariff

Tariff of royalties to be collected by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) in compensation for the right to perform in public or to communicate to the public by telecommunication, in Canada, musical or dramatico-musical works forming part of its repertoire including the right to make such works available to the public by telecommunication in a way that allows a member of the public to have access to them from a place and at a time individually chosen by that member of the public.

For a licence to perform in a passenger ship, by means of recorded music, at any time and as often as desired in the years 2018, 2019, 2020, 2021 and 2022, any or all of the works in SOCAN’s repertoire, the fee payable for each passenger ship is as follows:

For passenger ships operating for less than 12 months in each year, the fee payable shall be reduced by one twelfth for each full month during the year in which no operations occur.

On or before January 31 of the year covered by the licence, the licensee shall report the authorized passenger capacity and pay the applicable fee to SOCAN.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

SOCAN TARIFF 13.C – PUBLIC CONVEYANCES – RAILROAD TRAINS, BUSES AND OTHER PUBLIC CONVEYANCES, EXCLUDING AIRCRAFT AND PASSENGER SHIPS (2018-2022)

Tariff

Tariff of royalties to be collected by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) in compensation for the right to perform in public or to communicate to the public by telecommunication, in Canada, musical or dramatico-musical works forming part of its repertoire including the right to make such works available to the public by telecommunication in a way that allows a member of the public to have access to them from a place and at a time individually chosen by that member of the public.

For a licence to perform in railroad trains, buses and other public conveyances, excluding aircraft and passenger ships, by means of recorded music, at any time and as often as desired in the years 2018, 2019, 2020, 2021 and 2022, any or all of the works in SOCAN’s repertoire, the fee payable is as follows:

For railroad trains, buses and other public conveyances, excluding aircraft and passenger ships, operating for less than 12 months in each year, the fee payable shall be reduced by one twelfth for each full month during the year in which no operations occur.

On or before January 31 of the year covered by the licence, the licensee shall report the authorized passenger capacity and pay the applicable fee to SOCAN.

SOCAN shall have the right to audit the licensee’s books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.