Canada Gazette, Part I, Volume 158, Number 49: SUPPLEMENT 2

December 7, 2024

SUPPLEMENT 2 Vol. 158, No. 49

Canada Gazette

Part I

OTTAWA, Saturday, December 7, 2024

COPYRIGHT BOARD

SOCAN Tariff 22.E – Internet - Canadian Broadcasting Corporation (2014-2018)

Citation: SOCAN Tariff 22.E (2014-2018), 2024 CB 9-T
See also: SOCAN Tariff 22.E (2014-2018), 2024 CB 9

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 22.E – INTERNET - CANADIAN BROADCASTING CORPORATION (2014-2018)

Short Title

1. This tariff may be cited as the SOCAN Tariff 22.E (2014-2018).

Application

2. (1) This tariff sets the royalties to be paid for the communication to the public by telecommunication of works in SOCAN’s repertoire — including making 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 — in connection with the transmission over the Internet of audio and audiovisual content by the Canadian Broadcasting Corporation / Société Radio-Canada (the “Corporation”) in the years 2014-2018.

(2) This tariff does not apply to uses covered by other applicable tariffs, including SOCAN Tariffs 1.C (CBC Radio), 2.D (CBC Television), 16 (Background Music Suppliers), 22.A (Internet — Online Music Services), 22.B (Commercial Radio and Satellite Radio), 22.D.2 (Internet — User Generated Content), 22.D.3 (Online Allied Audiovisual Services), 22.G (Internet — Game Sites), 24 (Ringtones) and 26 (Pay Audio).

Definitions

3. In this tariff,

“additional information”: means, in respect of each musical work contained in an audiovisual file, the following information, if available: (a) the musical work’s identifier; (b) the title of the musical work; (c) the name of each author of the musical work; (d) the name of each performer or group to whom the sound recording is credited; (e) the name of the person who released any sound recording contained in the audiovisual file; (f) the International Standard Recording Code (ISRC) assigned to the sound recording; (g) if the sound recording has been released in physical format as part of an album, the name, identifier, product catalogue number and the Universal Product Code (UPC) assigned to the album, together with the associated disc and track numbers; (h) the name of the music publisher associated with the musical work; (i) the International Standard Musical Work Code (ISWC) assigned to the musical work; (j) the Global Release Identifier (GRid) assigned to the musical work and, if applicable, the GRid of the album in which the musical work was released; (k) the running time of the musical work, in minutes and seconds; and (l) any alternative title used to designate the musical work or sound recording. (« renseignements additionnels »)
“audio page impression”: means a page impression that allows a person to hear a sound, including audio and audiovisual content. (« consultation de page audio »)
“file”: means a digital file of an audio or audiovisual work. (« fichier »)
“identifier”: means the unique identifier the Corporation or its authorized distributor assigns to a file. (« identificateur »)
“Internet-related revenues”: means all revenues generated by Internet-related activities, including membership, subscription and other access fees, advertising, product placement, promotion, sponsorship, net revenues from the sale of goods or services and commissions on third-party transactions, but excluding
“non-interactive stream”: means a stream where the end user exercises no control over the content nor the timing of the transmission. (« transmission non interactive »)
“on-demand stream”: means a stream selected by its recipient. (« transmission sur demande »)
“online programming”: means Internet-distributed audio and audiovisual content. (« programmation en ligne »)
“page impression”: means a request to load a single page from a site. (« consultation de page »)
“play”: means the single performance of a stream. (« écoute »)
“required information”: means, in respect of a file, where available (a) its identifier; (b) the title of the musical work or works it contains; (c) whether the file contains an audio track or a music video; (d) the name of each performer or group to whom the audio track or music video contained in the file is credited; (e) the name of the person who released the audio track or music video contained in the file; (f) if the user believes that a SOCAN licence is not required, information that establishes why the licence is not required; (g) the name of each author of each musical work; (h) the International Standard Recording Code (ISRC) assigned to the audio track or music video contained in the file; (i) in the case of a file containing an audio track, if the audio track contained in the file is or has been released in physical format as part of an album, the name, identifier, product catalogue number and the Universal Product Code (UPC) assigned to the album, together with the associated disc and track numbers; (j) the name of each music publisher associated with each musical work contained in the file; (k) the International Standard Musical Work Code (ISWC) assigned to each musical work contained in the file; (l) the Global Release Identifier (GRid) assigned to the file and, if applicable, the GRid of the album or bundle in which the file was released; (m) the running time of the file, in minutes and seconds; and (n) any alternative title used to designate the musical work, music video, or sound recording contained in the file. (« renseignements requis »)
“semi-interactive stream”: means a stream delivered by an information filtering system where the end-user exercises some level of control over the content of the files, or timing of the transmission of the files, or both. (« transmission semi-interactive »)
“site”: means a collection of pages accessible via a common root URL. (« site »)
“stream”: means a file that is intended to be copied onto a local storage medium or device only to the extent required to allow listening to the file at substantially the same time as when the file is transmitted. (« transmission »)
“subscriber”: means an end-user with whom the Corporation or its authorized distributor has entered into a contract for service – other than on a transactional per-download or per-stream basis – whether for a fee, for other consideration or free of charge, including pursuant to a free subscription. (« abonné »)
“year”: means a calendar year. (« année »)

Royalties

4. The royalties payable by the Corporation shall be the total of paragraphs (a), (b) and (c) as follows:

Online Audiovisual Services

(a) For each of the online audiovisual services “tou.tv”, “Gem” and each similar Internet-distributed audiovisual service operated by the Corporation during the term of this tariff (each a “CBC Online Audiovisual Service”):

A × B

where

(A)

is 1.9% of Internet-related revenues from the CBC Online Audiovisual Service; and

(B)

is the ratio of audio page impressions to all page impressions relating to the CBC Online Audiovisual Service, if that ratio is available, and 1.0 if not.

Online Music Services

(b) For online music services that offer semi-interactive or non-interactive streams, such as “cbcmusic.ca”, “espace.mu” (also known as “icimusique.ca”) and any similar online music service operated by the Corporation during the term of this tariff (collectively “the CBC Online Music Services”), 5.3% of Internet-related revenues from the CBC Online Music Services.

Other online programming

(c) For the Corporation’s transmissions of online programming other than those to which paragraphs (a) and (b) refers:

A × B

where

(A)

$72,128.91; and

(B)

is the ratio of audio page impressions to all page impressions relating to online programming, if that ratio is available, and 0.15 if not.

Payment of Royalties

5. (1) The Corporation shall pay, per month, on the first day of each month the amount set out in section 4.

(2) 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 1% above the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada). Interest shall not compound.

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

Reporting Requirements

6. (1) No later than 20 days after the end of each month, if the Corporation is required to pay royalties pursuant to paragraph 4(a), the Corporation shall,

(a) in relation to each CBC Online Audiovisual Service, provide to SOCAN a report setting out for that month, in relation to each audiovisual file that was delivered as an on-demand stream, the following information, if available: (i) the title of the program and/or series, episode name, number and season; (ii) the number of plays of each file; (iii) the number of plays of all files; (iv) the International Standard Audiovisual Number (ISAN) assigned to the file; (v) in the case of a translated program, the title in the language of its original production; and (vi) the additional information as defined in section 3;
(b) if the CBC Online Audiovisual Service offers subscriptions in connection with its provision of on-demand streams, provide to SOCAN the following information: (i) the number of subscribers to the service at the end of the month and the total amounts paid by them during that month; and (ii) the number of subscribers provided with free trial subscriptions and the total number of plays of all audiovisual files provided to such subscribers as on-demand streams, if available; and
(c) in relation to each CBC Online Audiovisual Service, provide to SOCAN the following information: (i) the CBC Online Audiovisual Service’s Internet-related revenues; and (ii) the ratio of audio page impressions to all page impressions, if available.

(2) No later than 20 days after the end of each month, if the Corporation is required to pay royalties pursuant to paragraph 4(b), the Corporation shall, in relation to each CBC Online Music Service, provide to SOCAN a report setting out, for that month: (a) in relation to each file that was transmitted to an end user, the required information as defined in section 3; (b) the number of plays of each file; (c) the CBC Online Music Service’s Internet-related revenues; and (d) the ratio of audio page impressions to all page impressions, if available.

(3) When royalties are payable pursuant to paragraph 4(c),

(a) upon receipt of a written request from SOCAN, the Corporation shall provide, with respect to each musical work the Corporation transmitted during the days listed in the request,
- (i) the date and time of the transmission,
- (ii) the title of the work, the name of its author and composer,
- (iii) where applicable, the title of the album, the name of the performers or performing groups and the record label, and
- (iv) where available, the number of persons who listened to the work;
(b) the Corporation shall provide the information set out in paragraph 6(3)(a) in electronic format where possible, otherwise in writing, no later than 14 days after the end of the month to which it relates; and
(c) the Corporation is not required to provide the information set out in paragraph 6(3)(a) with respect to more than 14 days in a year.

Audit

7. (1) The Corporation shall keep and preserve, for a period of six years after the end of the month to which they relate, records from which the information set out in sections 4 and 6 can be readily ascertained.

(2) SOCAN may audit these records at any time during the period set out in subsection (1) on reasonable notice and during normal business hours.

Confidentiality

8. (1) Subject to subsections (2) and (3), SOCAN and the Corporation shall treat in confidence information received pursuant to this tariff, unless the disclosing party consents in writing to the information being treated otherwise.

(2) Information referred to in subsection (1) may be shared

(a) between the Corporation and its authorized distributors in Canada;
(b) with the Copyright Board;
(c) in connection with proceedings before the Board, once the Corporation has had a reasonable opportunity to request a confidentiality order;
(d) with any person who knows the information;
(e) to the extent required to effect the distribution of royalties, with royalty claimants; and
(f) if required by law.

(3) Subsection (1) does not apply to information that must be provided pursuant to the Copyright Act.

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