Canada Gazette, Part I, Volume 158, Number 34: SUPPLEMENT

August 24, 2024

SUPPLEMENT Vol. 158, No. 34

Canada Gazette

Part I

OTTAWA, Saturday, August 24, 2024

COPYRIGHT BOARD

SOCAN Tariff 23 – Hotel and Motel In-Room Services (2025-2027)

Citation: 2024 CB 5-T
See also: SOCAN Tariff 23 (2025-2027), 2024 CB 5

Published pursuant to section 70.1 of the Copyright Act

Greg Gallo
Acting Secretary General
1‑833‑860‑7131 (toll-free number)
registry-greffe@cb-cda.gc.ca (email)

SOCAN TARIFF 23 – HOTEL AND MOTEL IN-ROOM SERVICES (2025-2027)

Definition

1. In this tariff, “mature audience film” means an audiovisual work that has sexual activity as its primary component and that is separately marketed as adult entertainment.

Royalties

2. For the communication to the public by telecommunication, at any time and as often as desired in the years 2025 to 2027, of any or all of the works in SOCAN’s repertoire, by means of hotel or motel in-room audiovisual or musical services, the royalties payable shall be:

• (a) 1.25% of the fees paid by guests to view audiovisual works other than mature audience films;
• (b) 0.3125% of the fees paid by guests to view mature audience films containing any work in respect of which a SOCAN licence is required; and
• (c) 5.5% of the revenues of the provider of any musical service.

Terms and Conditions

3. Royalties shall be due no later than 60 days after the end of each quarter. The payment shall be accompanied by a report showing, with respect to the relevant quarter,

• (a) for audiovisual works other than mature audience films,
  • (i) the fees paid by guests to view the audiovisual content, and
  • (ii) the titles of the audiovisual works used during the quarter;
• (b) for mature audience films,
  • (i) the fees paid by guests to view the films,
  • (ii) a list of titles of the films used during the quarter, indicating which films did not contain any work in respect of which a SOCAN licence is required, and
  • (iii) if a film does not contain any work in respect of which a SOCAN licence is required, documentation establishing that no such works were used; and
• (c) for musical services,
  • (i) the fees paid by guests to use the service,
  • (ii) the revenues of the provider of the service, and
  • (iii) the Universal Product Code (UPC) and the International Standard Recording Code (ISRC) of the recordings used in providing the service.

4. (1) This tariff does not apply to:

• (a) the communication to the public by telecommunication of musical works in connection with the transmission of a television signal for private or domestic use;
• (b) the communication to the public by telecommunication of musical works by an online service, including an online music service, an online audiovisual service, a user-generated content service, an allied audiovisual service or a game service; and
• (c) the communication to the public by telecommunication of musical works in connection with a pay audio service.

(2) This tariff does not apply to Internet access services or to video games services.

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

6. 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.

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