Vol. 142, No. 24 — June 14, 2008

COPYRIGHT BOARD

FILE: Public Performance of Musical Works

Statement of Proposed Royalties to Be Collected by SOCAN for the Public Performance or the Communication to the Public by Telecommunication, in Canada, of Musical and Dramatico-Musical Works

In accordance with subsection 67.1(5) of the Copyright Act, the Copyright Board hereby publishes the statement of proposed royalties filed by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) on March 31, 2008, with respect to royalties it proposes to collect, effective January 1, 2009, for the public performance or the communication to the public by telecommunication, in Canada, of musical or dramatico-musical works.

In accordance with the provisions of the same subsection, the Board hereby gives notice that all prospective users or their representative who wish to object to the statement may file written objections with the Board, at the address indicated below, within 60 days of the publication hereof, that is no later than August 13, 2008.

Ottawa, June 14, 2008

CLAUDE MAJEAU
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613-952-8621 (telephone)
613-952-8630 (fax)
majeau.claude@cb-cda.gc.ca(email)

TARIFFS 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.

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, as the context may require.

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 of Canada 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.

Tariff No. 1

RADIO

A. Commercial Radio

Short Title

1. This tariff may be cited as the SOCAN-NRCC Commercial Radio Tariff, 2009.

Definitions

2. In this tariff,

“Act” means the Copyright Act; (« Loi »)

“advertising revenues” means the total compensation in money, goods or services, net of taxes and of commissions paid to advertising agencies, received by a system to advertise goods, services, activities or events, for broadcasting public interest messages or for any sponsorship. For the purpose of calculating advertising revenues,

(a) goods and services, including advertising for which the advertisement is produced by the station, shall be valued at fair market value;

(b) when a station acts on behalf of a group of stations which broadcast a single event, simultaneously or on a delayed basis,

(i) any compensation paid by the station acting on behalf of the group of stations to a station that is part of the group is part of the advertising revenues of that station, and

(ii) the difference between the compensation received by the station acting on behalf of the group of stations and any compensation referred to in subparagraph (i), is part of the advertising revenue of the station which acts on behalf of the group; (« recettes publicitaires »)

“low-use station” means a station that

(a) broadcasts works in the repertoire of SOCAN for less than 20 per cent of its total broadcast time (excluding production music) during the reference month; and

(b) keeps and makes available to SOCAN and NRCC complete recordings of its last 90 broadcast days; (« station à faible utilisation »)

“production music” means music used in interstitial programming such as commercials, public service announcements and jingles; (« musique de production »)

“reference month” means the second month before the month for which royalties are being paid; (« mois de référence »)

“year” means a calendar year. (« année »)

Application

3. (1) This tariff sets the royalties to be paid each month by commercial radio stations for the communication to the public by telecommunication, by over-the-air broadcasting and for private or domestic use, of musical and dramatico-musical works in SOCAN’s repertoire and of published sound recordings embodying musical works and performers’ performances of such works in NRCC’s repertoire.

(2) This tariff does not apply to a communication to the public by telecommunication that is subject to another tariff, including SOCAN Tariffs 16 or 22 or the SOCAN-NRCC Pay Audio Services Tariff.

4. This tariff is subject to the special royalty rates set out in paragraph 68.1(1)(a) of the Act.

Royalties

5. (1) A low-use station shall pay 2.6 per cent of its advertising revenues during the reference month to SOCAN and […] per cent of these revenues to NRCC.

(2) Any other station shall pay 6 per cent of its advertising revenues during the reference month to SOCAN and […] per cent of these revenues to NRCC.

Reporting Requirements

6. No later than the first day of each month, the station shall pay the royalties for that month and report the station’s advertising revenues for the reference month.

Music and Sound Recording Use Information

7. (1) Upon receipt of a written request from SOCAN or NRCC, a station shall provide to both collective societies, with respect to each musical work and to each published sound recording embodying a musical work broadcast by the station during the days listed in the request:

(a) the date and time of broadcast;

(b) the title of the work, the name of its author and composer; and

(c) where applicable, the title of the album, the name of the performers or performing groups and the record label.

(2) The information set out in subsection (1) shall be provided in electronic format where possible, otherwise in writing, no later than 14 days after the end of the month to which it relates.

(3) A station is not required to provide the information set out in subsection (1) with respect to more than 14 days in a year.

Accounts and Records

8. (1) A station shall keep and preserve, for a period of six months after the end of the month to which they relate, records from which information requested pursuant to section 7 can be readily ascertained.

(2) A station shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the station’s advertising revenues can be readily ascertained.

(3) A collective society may audit these records at any time during the period set out in subsection (1) or (2), as well as the broadcast day recordings of a low-use station, on reasonable notice and during normal business hours.

(4) The collective society shall, upon receipt, supply a copy of the report of the audit to the station which was the object of the audit and to the other collective society.

(5) If the audit of a station discloses that the royalties due to the collective society have been understated in any month by more than 10 per cent, the station shall pay the reasonable costs of audit within 30 days of the demand for such payment.

Confidentiality

9. (1) Subject to subsections (2) and (3), a collective society shall treat in confidence information received pursuant to this tariff, unless the station that supplied the information consents in writing to the information being treated otherwise.

(2) A collective society may share information referred to in subsection (1)

(a) with the other collective society;

(b) with the Copyright Board;

(c) in connection with proceedings before the Copyright Board, if the collective society has first provided a reasonable opportunity for the station that supplied the information to request a confidentiality order;

(d) to the extent required to effect the distribution of royalties, with any other collecting body or with its royalty claimants; or

(e) if required by law or by a court of law.

(3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than the station and who is not under an apparent duty of confidentiality to that station.

Adjustments

10. 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.

Interests on Late Payments

11. 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 of Canada 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.

12. (1) Anything addressed to SOCAN shall be sent to 41 Valleybrook Drive, Toronto, Ontario M3B 2S6, fax number 416-445-7108, or to any other address or fax number of which the sender has been notified.

(2) Anything addressed to NRCC shall be sent to 1235 Bay Street, Suite 910, Toronto, Ontario M5R 3K7, fax number 416-962-7797, or to any other address or fax number of which the sender has been notified.

(3) Anything addressed to a station shall be sent to the last address or fax number of which the sender has been notified.

Delivery of Notices and Payments

13. (1) A notice may be delivered by hand, by postage-paid mail, by fax or by email.

(2) A notice or payment mailed in Canada shall be presumed to have been received three business days after the day it was mailed.

(3) A notice sent by fax or email shall be presumed to have been received the day it is transmitted.

B. Non-Commercial Radio other than the Canadian Broadcasting Corporation

For a licence to perform, at any time and as often as desired in 2009, for private and domestic use, any or all of the works in SOCAN’s repertoire by a non-commercial AM or FM radio station other than a station of the Canadian Broadcasting Corporation, the fee payable is 1.9 per cent of the station’s gross operating costs in the year covered by the licence.

No later than January 31 of the year covered by the licence, the licensee shall pay the estimated fee owing for that year. The payment shall be accompanied by a report of the station’s actual gross operating costs for the previous year. The fee is subject to adjustment when the actual gross operating costs for the year covered by the licence have been determined and reported to SOCAN.

If broadcasting takes place for less than the entire year, an application must be made for a licence by the end of the first month of broadcasting on the form to be supplied by SOCAN and, together with the application form, the station shall forward its remittance for the estimated fee payable.

For the purpose of this tariff item, “non-commercial AM or FM radio station” shall include any station which is non-profit or not-for-profit, whether or not any part of its operating expenses is funded by advertising revenues.

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.

Tariff 1.B does not apply to the use of music covered by Tariff 22 or the Pay Audio Services Tariff.

C. Canadian Broadcasting Corporation

For a licence to perform, at any time and as often as desired in 2009, for private and domestic use, any or all of the works in SOCAN’s repertoire by means of the radio network and stations owned and operated by the Canadian Broadcasting Corporation, the annual fee shall be $2,750,000, payable in equal monthly instalments on the first day of each month, commencing January 1 of the year for which the licence was issued.

Tariff 1.C does not apply to the use of music covered under Tariff 22 or the Pay Audio Services Tariff.

Tariff No. 2

TELEVISION

A. Commercial Television Stations

Definitions

1. In this tariff,

“ambient music” means music unavoidably picked up in the background when an event is videotaped or broadcasted; (« musique ambiante »)

“cleared music” means any music, other than ambient music or production music, in respect of which a station does not require a licence from SOCAN; (« musique affranchie »)

“cleared program” means

(a) if the only cleared music contained in the program is music that was cleared before 60 days after the publication of this tariff, a program containing no music other than cleared music, ambient music or production music; and

(b) if not, a program produced by a Canadian programming undertaking and containing no music other than cleared music, ambient music or production music; (« émission affranchie »)

“gross income” means the gross amount paid by any person for the use of one or more broadcasting services or facilities provided by the station’s operator, whether such amounts are paid to the station owner or operator or to other persons, excluding the following:

(a) any such amounts received by a person other than the operator or owner of the station which form part of the base for calculation of the SOCAN royalty payable by such other person under this or another tariff;

(b) income accruing from investments, rents or any other business unrelated to the station’s broadcasting activities. However, income accruing from any allied or subsidiary business that is a necessary adjunct to the station’s broadcasting services and facilities or which results in their being used shall be included in the “gross income”;

(c) amounts received for the production of a program that is commissioned by someone other than the licensee and which becomes the property of that person;

(d) the recovery of any amount paid to obtain the exclusive national or provincial broadcast rights to a sporting event, if the licensee can establish that the station was also paid normal fees for station time and facilities. SOCAN may require the production of the contract granting these rights together with the billing or correspondence relating to the use of these rights by other parties; and

(e) amounts received by an originating station acting on behalf of a group of stations which do not constitute a permanent network and which broadcast a single event, simultaneously or on a delayed basis, that the originating station pays out to the other stations participating in the broadcast. These amounts paid to each participating station are part of that station’s “gross income”; (« revenus bruts »)

“production music” means music contained in interstitial programming such as commercials, public service announcements and jingles; (« musique de production »)

“programming undertaking” means a programming undertaking as defined in the Broadcasting Act, S.C. 1991, ch. 11. (« entreprise de programmation »)

Application

2. (1) This tariff applies to licences for the communication to the public by telecommunication by a broadcast television station, at any time and as often as desired, in 2009, for private or domestic use, of any or all of the works in SOCAN’s repertoire.

(2) This tariff does not apply to stations owned and operated by the Canadian Broadcasting Corporation or licensed under a different tariff.

Election of Licence

3. (1) A station can elect for the standard or modified blanket licence.

(2) A station’s election must be in writing and must be received by SOCAN at least 30 days before the first day of the month for which the election is to take effect.

(3) A station’s election remains valid until it makes a further election.

(4) A station can make no more than two elections in a calendar year.

(5) A station that has never made an election is deemed to have elected for the standard blanket licence.

Standard Blanket Licence

4. (1) A station that has elected for the standard blanket licence shall pay 1.9 per cent of the station’s gross income for the second month before the month for which the licence is issued.

(2) No later than the day before the first day of the month for which the licence is issued, the station shall pay the fee, and report the station’s gross income for the second month before the month for which the licence is issued.

Modified Blanket Licence (MBL)

5. (1) A station that has elected for the modified blanket licence shall pay the amount calculated in accordance with Form A (found at page 39 of this Supplement).

(2) No later than the last day of the month after the month for which the licence is issued, the station shall

(i) provide to SOCAN, using Form A, a report of the calculation of its licence fee,

(ii) provide to SOCAN, using Form B (found at page 41 of this Supplement), reports identifying, in respect of each cleared program, the music used in that program,

(iii) provide to SOCAN any document supporting its claim that the music identified in Form B is cleared music, or a reference to that document, if the document was provided previously, and

(iv) pay the amount payable pursuant to subsection (1).

Audit Rights

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

MBL: Incorrect Cleared Program Claims

7. Amounts paid pursuant to lines C and D of Form A on account of a program that a station incorrectly claimed as a cleared program are not refundable.

B. Ontario Educational Communications Authority

For a licence to perform, at any time and as often as desired in 2009, for private or domestic use, any or all of the works in SOCAN’s repertoire by a station operated by the Ontario Educational Communications Authority, the annual fee is $300,080 payable in equal quarterly instalments on January 1, April 1, July 1 and October 1 of the year covered by the licence.

Tariff 2.B does not apply to the use of music covered under Tariff 17 or Tariff 22.

C. Société de télédiffusion du Québec

For a licence to perform, at any time and as often as desired in 2009, for private or domestic use, any or all of the works in SOCAN’s repertoire by a station operated by the Société de télédiffusion du Québec, the annual fee is $180,000 payable in equal quarterly instalments on March 31, June 30, September 30 and December 15 of the year covered by the licence.

Tariff 2.C does not apply to the use of music covered under Tariff 17 or Tariff 22.

D. Canadian Broadcasting Corporation

For a licence to perform, at any time and as often as desired in 2009, for private or domestic use, any or all of the works in SOCAN’s repertoire for all broadcasts of programs by the television network and stations owned and operated by the Canadian Broadcasting Corporation, the annual fee shall be $6,922,586, payable in equal monthly instalments on the first day of each month, commencing January 1 of the year for which the licence is issued.

Tariff 2.D does not apply to the use of music covered under Tariff 17 or Tariff 22.

Tariff No. 3

CABARETS, CAFES, CLUBS, COCKTAIL BARS, DINING ROOMS, LOUNGES, RESTAURANTS, ROADHOUSES, TAVERNS AND SIMILAR ESTABLISHMENTS

[NOTE: Tariff No. 3 was certified by the Copyright Board for the years 2005 to 2010 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

Tariff No. 4

LIVE PERFORMANCES AT THEATRES OR OTHER PLACES OF ENTERTAINMENT

A. Popular Music Concerts

1. Per Event Licence

For a licence to perform, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, as live performances by musicians, singers, or both, and other entertainers at theatres or other places where entertainment is presented, including open-air events, the fee payable per concert is as follows:

(a) 3 per cent of gross receipts from ticket sales of paid concerts, exclusive of sales and amusement taxes, with a minimum fee per concert of $35; or

(b) 3 per cent of fees paid to singers, musicians, dancers, conductors, and other performing artists during a free concert, with a minimum fee per concert of $35.

“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.

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.

Tariff 4.A.1 does not apply to performances covered under Tariff 3.A.

2. Annual Licence

For an annual licence to perform, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, as live performances by musicians, singers, or both, and other entertainers at theatres or other places where entertainment is presented, including open-air events, the fee payable per concert is as follows:

(a) 3 per cent of gross receipts from ticket sales of paid concerts, exclusive of sales and amusement taxes, with a minimum annual fee of $60; or

(b) 3 per cent of fees paid to singers, musicians, dancers, conductors, and other performing artists during free concerts, with a minimum annual fee of $60.

“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.

The licensee shall estimate the fee payable for the year for which the licence is issued, based on the total receipts/fees paid for 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 a report of the gross receipts/fees paid for the previous year.

If the gross receipts/fees paid reported for the previous year were not based on the entire year, payment of this fee shall be accompanied by a report estimating the gross receipts/fees paid for the entire year for which the licence is issued.

On or before January 31 of the following year, a report shall be made of the actual gross receipts/fees paid during the calendar year for which the licence is issued, an adjustment of the licence fee payable to SOCAN shall be made, and any additional fees due on the basis of the actual gross receipts/fees paid. If the fee due is less than the amount 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.

Tariff 4.A.2 does not apply to performances covered under Tariff 3.A.

B. Classical Music Concerts

1. Per Concert Licence

For a licence to perform, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, as live performances by musicians, singers, or both, at concerts or recitals of classical music, the fee payable per concert is as follows:

(a) 1.56 per cent of gross receipts from ticket sales of paid concerts, exclusive of sales and amusement taxes, with a minimum fee per concert of $35; or

(b) 1.56 per cent of fees paid to singers, musicians, dancers, conductors and other performing artists during a free concert, with a minimum fee per concert of $35.

“Free concert” includes, with respect to festivals, celebrations and other similar events, a concert for which no separate admission charge is made.

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.

2. Annual Licence for Orchestras

[NOTE: Tariff No. 4.B.2 was certified by the Copyright Board for the years 2008 to 2012 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

3. Annual Licence for Presenting Organizations

For an annual licence to perform, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, during a series of concerts or recitals of classical music forming part of an artistic season of a presenting organization, the fee payable is as follows:

0.96 per cent of gross receipts from ticket sales, subscription and membership revenues, for all concerts (including concerts where no work of SOCAN’s repertoire is performed), exclusive of sales and amusement taxes, with a minimum annual fee of $35.

Where a series of concerts and recitals forming part of a presenting organization’s artistic season is free of charge, the fee payable is as follows:

0.96 per cent of fees paid to singers, musicians, dancers, conductors, and other performing artists, for all concerts (including concerts where no work of SOCAN’s repertoire is performed) in the series, with a minimum annual fee of $35.

No later than January 31 of the year for which the licence is issued, the licensee shall file with SOCAN a report estimating the gross receipts from ticket sales, subscription and membership revenues for that year. For a series of free concerts and recitals, the licensee shall file a report estimating the fees paid to singers, musicians, dancers, conductors, and other performing artists for all concerts in the series. If the estimated payment is $100 or less, payment shall accompany the report. Otherwise, payments based on the report’s estimate shall be made quarterly within 30 days of the end of each quarter.

No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual gross receipts from ticket sales, subscription and membership revenues or, for a series of free concerts and recitals, the fees paid to singers, musicians, dancers, conductors and other performing artists, during the year for which the licence is issued and an adjustment of the licence fee shall be paid to SOCAN. Any amount due shall accompany the report; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

Where fees are paid under this tariff, no fees shall be payable under Tariff 4.B.1.

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.

Tariff No. 5

EXHIBITIONS AND FAIRS

A. For a licence to perform, at any time and as often as desired, any or all of the works in SOCAN’s repertoire at an exhibition or fair held in 2009, the fee is calculated as follows:

(a) Where the total attendance (excluding exhibitors and staff) for the duration of the exhibition or fair does not exceed 75,000 persons:

Total Attendance	Fee Payable per Day
Up to 25,000 persons	$12.81
25,001 to 50,000 persons	$25.78
50,001 to 75,000 persons	$64.31

(b) Where the total attendance (excluding exhibitors and staff) for the duration of the exhibition or fair exceeds 75,000 persons:

Total Attendance	Fee Payable per Person
For the first 100,000 persons	1.07¢
For the next 100,000 persons	0.47¢
For the next 300,000 persons	0.35¢
All additional persons	0.26¢

In the case of an exhibition or fair that is scheduled yearly, the fee shall be paid on the actual attendance figures in the preceding year, on or before January 31 of the year covered by the licence. The licensee shall submit with the licence fee the figures for actual attendance for the previous year and the duration, in days, of the exhibition or fair.

In all other cases, the licensee shall, within 30 days of an exhibition’s or fair’s closing, report its attendance and duration and submit the fee based on those figures.

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.

A licence issued under Tariff 5.A does not authorize performances of music at concerts for which an additional admission charge is made; for such concerts, Tariff 5.B applies.

B. Where an additional admission charge is made for attendance at musical concerts, an additional licence shall be required. The fee payable for such licence in 2009 is calculated at the rate of 3 per cent of gross receipts from ticket sales to the concert, exclusive of sales and amusement taxes. Where the concert ticket allows the purchaser access to the exhibition grounds at any time after the opening on the day of the concert, the adult general grounds admission price shall also be deducted from the ticket price to produce the net ticket price.

The fees due under section B shall be calculated on a per concert basis and shall be payable immediately after the close of the exhibition.

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.

Tariff No. 6

MOTION PICTURE THEATRES

For a licence to perform, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, covering the operations of a motion picture theatre or any establishment exhibiting motion pictures at any time during the year, the annual fee is as follows:

Rate per Seat	Minimum Fee per Screen
$1.69	$169

The seating capacity of drive-in theatres is deemed to be three times the maximum number of automobiles which may be accommodated at any one time.

Theatres operating three days or less per week shall pay one half of the above rates.

For theatres 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.

A licence obtained under this tariff does not authorize any concert or other performance of music when the exhibition of one or more films is not an integral part of the program. The fees for those performances shall be calculated under other applicable tariffs.

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.

Tariff No. 7

SKATING RINKS

[NOTE: Tariff No. 7 was certified by the Copyright Board for the years 2005 to 2010 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

Tariff No. 8

RECEPTIONS, CONVENTIONS, ASSEMBLIES AND FASHION SHOWS

[NOTE: Tariff No. 8 was certified by the Copyright Board for the years 2005 to 2010 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

Tariff No. 9

SPORTS EVENTS

For a licence to perform in 2009 any or all of the works in SOCAN’s repertoire, by means of performers in person or by means of recorded music, in connection with baseball, football, hockey, basketball, skating competitions, races, track meets and other sports events, the fee payable per event shall be 0.09 per cent of gross receipts from ticket sales, exclusive of sales and amusement taxes. Where no admission fee is charged, the fee shall be $5.00 per event.

No later than 30 days after the end of each quarter, the licensee shall file with SOCAN a report for that quarter of the actual number of events, together with payment of the licence fees.

A complimentary ticket is valued at half the lowest price paid for a sold ticket from the same ticket category in the same event.

A licence to which Tariff 9 applies does not authorize performances of music at opening and closing events for which an additional admission charge is made; for such events, Tariff 4 shall apply.

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.

Tariff No. 10

PARKS, PARADES, STREETS AND OTHER PUBLIC AREAS

[NOTE: Tariff No. 10 was certified by the Copyright Board for the years 2005 to 2010 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

Tariff No. 11

CIRCUSES, ICE SHOWS, FIREWORKS DISPLAYS, SOUND AND LIGHT SHOWS AND SIMILAR EVENTS; COMEDY SHOWS AND MAGIC SHOWS

[NOTE: Tariff No. 11 was certified by the Copyright Board for the years 2005 to 2010 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

Tariff No. 12

THEME PARKS, ONTARIO PLACE CORPORATION AND SIMILAR OPERATIONS; PARAMOUNT CANADA’S WONDERLAND AND SIMILAR OPERATIONS

A. Theme Parks, Ontario Place Corporation and Similar Operations

For a licence to perform, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, at theme parks, Ontario Place Corporation and similar operations, the fee payable is

(a) $2.41 per 1,000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1,000;

PLUS

(b) 1.5 per cent of “live music entertainment costs.”

“Live music entertainment costs” means all direct expenditures of any kind and nature (whether in money or other form) paid by the licensee or on the licensee’s behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than June 30 of the year covered by the licence, the licensee shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for that year, together with payment of 50 per cent of the estimated fee. The balance of the estimated fee is to be paid no later than October 1 of the same year.

No later than the earliest of 30 days of the close of the season and January 31 of the following year, the licensee shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for the year covered by the licence. SOCAN shall then calculate the fee and submit a statement of adjustments.

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.

Tariff 12.A does not apply to performances covered under Tariff 4 or 5.

B. Paramount Canada’s Wonderland Inc. and Similar Operations

For a licence to perform, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire at Paramount Canada’s Wonderland and similar operations, the fee payable is:

(a) $5.09 per 1,000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1,000;

PLUS

(b) 1.5 per cent of “live music entertainment costs.”

“Live music entertainment costs” means all direct expenditures of any kind and nature (whether in money or other form) paid by the licensee or on the licensee’s behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than June 30 of the year covered by the licence, the licensee shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for that year, together with payment of 50 per cent of the estimated fee. The balance of the estimated fee is to be paid no later than October 1 of the same year.

No later than the earliest of 30 days of the close of the season and January 31 of the following year, the licensee shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for the year covered by the licence. SOCAN shall then calculate the fee and submit a statement of adjustments.

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.

Tariff 12.B does not apply to performances covered under Tariff 4 or 5.

Tariff No. 13

PUBLIC CONVEYANCES

A. Aircraft

For a licence to perform in an aircraft, by means of recorded music, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, the fee payable for each aircraft is as follows:

number	number of places	fees
1.	Music while on ground
	Seating Capacity	Fee per Calendar Quarter
	0 to 100	$40.50
	101 to 160	$51.30
	161 to 250	$60.00
	251 or more	$82.50
2.	In-flight Music
	Seating Capacity	Fee per Calendar Quarter
	0 to 100	$162.00
	101 to 160	$205.20
	161 to 250	$240.00
	251 or more	$330.00

The fees under this tariff shall be payable on March 31, June 30, September 30, and December 31.

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.

Where fees are paid under Tariff 13.A.2, no fees are payable under Tariff 13.A.1.

B. Passenger Ships

For a licence to perform in a passenger ship, by means of recorded music, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, the fee payable for each passenger ship is as follows:

$1.05 per person per year based on the authorized passenger capacity of the ship, subject to a minimum annual fee of $62.74.

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.

C. Railroad Trains, Buses and Other Public Conveyances, Excluding Aircraft and Passenger Ships

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 2009, any or all of the works in SOCAN’s repertoire, the fee payable is as follows:

$1.05 per person per year, based on the authorized passenger capacity of the car, bus or other public conveyance, subject to a minimum annual fee of $62.74.

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.

Tariff No. 14

PERFORMANCE OF AN INDIVIDUAL WORK

[NOTE: Tariff No. 14 was certified by the Copyright Board for the years 2005 to 2010 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

Tariff No. 15

BACKGROUND MUSIC IN ESTABLISHMENTS NOT COVERED BY TARIFF NO. 16

A. Background Music

For a licence to perform, by means of recorded music, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, in an establishment not covered by Tariff 16, the annual fee is $1.23 per square metre or 11.46¢ per square foot, payable no later than January 31 of the year covered by the licence.

If no music is performed in January of the first year of operation, the fee shall be prorated on a monthly basis, calculated from the month in which music was first performed, and shall be paid within 30 days of the date on which music was first performed.

Seasonal establishments operating less than six months per year shall pay half the above rate.

In all cases, a minimum annual fee of $94.51 shall apply.

The payment shall be accompanied by a report showing the area of the establishment.

This tariff does not cover the use of music expressly covered in other tariffs.

Pursuant to subsection 69(2) of the Copyright Act, no royalties are collectable from the owner or user of a radio receiving set in respect of public performances effected by means of that radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made.

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.

B. Telephone Music on Hold

For a licence to communicate to the public by telecommunication over a telephone on hold, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, in an establishment not covered by Tariff 16, the fee payable is as follows:

$94.51 for one trunk line, plus $2.09 for each additional trunk line.

For the purposes of this tariff, “trunk line” means a telephone line linking the licensee’s telephone switching equipment to the public telephone system and over which music is provided to a caller while on hold.

No later than January 31 of the year covered by the licence, the licensee shall pay the applicable fee to SOCAN and report the number of trunk lines.

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.

Where fees are paid under Tariff 16, no fees shall be payable under Tariff 15.B.

Tariff No. 16

MUSIC SERVICES FOR BACKGROUND USE

This tariff applies to licences for the communication to the public by telecommunication as well as for the performance in public of any or all of the works in SOCAN’s repertoire, including telephone music on hold, at any time and as often as desired in 2009, in circumstances where music is supplied to and performed by an establishment as background music.

This tariff applies only if the music supplier undertakes to remit to SOCAN the licence fees set out in this tariff, together with all the information requested under the terms of this tariff.

The fee payable by the supplier is 15 per cent of the supplier’s gross revenue from the supply of music, including, but not limited to, subscription fees and advertising revenue, net of any reasonable and verifiable amounts received for equipment provided to the subscriber, and subject to a minimum annual fee of $500.00.

No later than January 31 of the year covered by the licence, the licensee shall pay to SOCAN the estimated fee owing for that year, as follows. If the licensee supplied music in the previous year, the payment is based on the actual gross revenue during that year. Otherwise, the licensee shall file a report estimating the expected gross revenue during the year covered by the licence and pay according to that report.

No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual gross revenue during the previous year and an adjustment of the licence fee will be made accordingly. Any monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

No later than 30 days after the end of each month, the licensee shall file with SOCAN a report, in electronic format, containing the name and mailing address of each subscriber, noting any new subscribers and cancellations of service effected during that month.

Music Use Information

Upon receipt of a written request from SOCAN, a supplier shall provide, with respect to each musical work supplied during the days listed in the request: (a) the date and time that the work was supplied; and (b) the title of the work and the name of its author and composer.

The music use information shall be provided in electronic format where possible, otherwise in writing, no later than 14 days after the end of the month to which it relates.

This tariff does not cover the use of music expressly covered in other tariffs.

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

Tariff No. 17

TRANSMISSION OF PAY, SPECIALTY AND OTHER TELEVISION SERVICES BY DISTRIBUTION UNDERTAKINGS

Definitions

1. In this tariff,

“affiliation payment” means the amount payable by a distribution undertaking to a programming undertaking for the right to carry the signal of the programming undertaking; (« paiement d’affiliation »)

“ambient music” means music unavoidably picked up in the background when an event is videotaped or broadcasted; (« musique ambiante »)

“cleared music” means any music, other than ambient music or production music, in respect of which a licence from SOCAN is not required; (« musique affranchie »)

“cleared program” means a program produced by a Canadian programming undertaking and containing no music other than cleared music, ambient music or production music; (« émission affranchie »)

“distribution undertaking” means a distribution undertaking as defined in the Broadcasting Act, S.C. 1991, ch. 11; (« entreprise de distribution »)

“gross income” means the gross amount paid by any person for the use of one or more broadcasting services or facilities provided by a programming undertaking, excluding the following:

(a) income accruing from investments, rents or any other business unrelated to the broadcasting activities of the programming undertaking. However, income accruing from any allied or subsidiary business that is a necessary adjunct to the broadcasting services and facilities of the programming undertaking or which results in their being used shall be included in the “gross income”;

(b) amounts received for the production of a program that is commissioned by someone other than the programming undertaking and which becomes the property of that person;

(c) the recovery of any amount paid to obtain the exclusive national or provincial broadcast rights to a sporting event, if the programming undertaking can establish that it was also paid normal fees for its time and facilities. SOCAN may require the production of the contract granting these rights together with the billing or correspondence relating to the use of these rights by other parties;

(d) amounts received by an originating programming undertaking acting on behalf of a group of programming undertakings, which do not constitute a permanent network and which broadcast a single event, simultaneously or on a delayed basis, that the originating undertaking pays out to the other programming undertakings participating in the broadcast. These amounts paid to each participating undertaking are part of that undertaking’s “gross income”; and

(e) affiliation payments; (« revenus bruts »)

“premises” has the meaning attributed to it in section 2 of the Regulations, which reads:

“ ‘premises’ means

(a) a dwelling, including a single-unit residence or a single unit within a multiple-unit residence; or

(b) a room in a commercial or institutional building”; (« local »)

“production music” means music contained in interstitial programming such as commercials, public service announcements and jingles; (« musique de production »)

“programming undertaking” means a programming undertaking as defined in the Broadcasting Act; (« entreprise de programmation »)

“Regulations” means the Definition of “Small Cable Transmission System” Regulations, SOR/94-755 (Canada Gazette, Part II, Vol. 128, page 4096), amended by SOR/2005-148 (Canada Gazette, Part II, Vol. 139, page 1195); (« Règlement »)

“relevant month” means the month for which the royalties are payable; (« mois pertinent »)

“service area” has the meaning attributed to it in section 2 of the Regulations, which reads:

“ ‘service area’ means an area in which premises served in accordance with the laws and regulations of Canada by a cable transmission system are located”; (« zone de service »)

“signal” means a television signal, other than a signal within the meaning of subsection 31(1) of the Copyright Act retransmitted in accordance with subsection 31(2) of the Copyright Act. “Signal” includes the signals of Canadian pay and specialty services, non-Canadian specialty services, community channels, and other programming and non-programming services; (« signal »)

“small cable transmission system” has the meaning attributed to it in sections 3 and 4 of the Regulations, which read:

“3. (1) Subject to subsections (2) to (4) and section 4, ‘small cable transmission system’ means a cable transmission system that transmits a signal, with or without a fee, to not more than 2,000 premises in the same service area.

(2) For the purpose of subsection (1), where a cable transmission system is included in the same unit as one or more other cable transmission systems, the number of premises to which the cable transmission system transmits a signal is deemed to be equal to the total number of premises to which all cable transmission systems included in that unit transmit a signal.

(3) For the purpose of subsection (2), a cable transmission system is included in the same unit as one or more other cable transmission systems where

(a) they are owned or directly or indirectly controlled by the same person or group of persons; and

(b) their service areas are each less than 5 km distant, at some point, from at least one other among them, and those service areas would constitute a series of contiguous service areas, in a linear or non-linear configuration, were it not for the distance.

(4) Subsection (2) does not apply to a cable transmission system that was included in a unit on December 31, 1993.

4. The definition set out in subsection 3(1) does not include a cable transmission system that is a master antenna system located within the service area of another cable transmission system that transmits a signal, with or without a fee, to more than 2,000 premises in that service area”; (« petit système de transmission par fil »)

“TVRO” means a Television Receive Only Earth Station designed for the reception of signals transmitted by satellite; (« TVRO »)

“year” means a calendar year. (« année »)

2. For the purposes of this tariff, a cable transmission system shall be deemed to be a small cable transmission system in a given year if

(a) it is a small cable transmission system on the later of December 31 of the preceding year or the last day of the month in which it first transmits a signal in the year; or

(b) the average number of premises, determined in accordance with the Regulations, the system served or was deemed to serve on the last day of each month during the preceding year was no more than 2,000.

Application

3. (1) This tariff applies to licences for the communication to the public by telecommunication, as often as desired during 2009, of any or all of the works in SOCAN’s repertoire, in connection with the transmission of a signal for private or domestic use.

(2) This tariff does not apply to any use of music subject to Tariffs 2, 16 or 22.

Small Cable Transmission Systems and Unscrambled Low Power Television Stations

4. (1) The total royalty payable in connection with the transmission of all signals shall be $10 a year where the distribution undertaking is

(i) a small cable transmission system,

(ii) an unscrambled Low Power Television Station or Very Low Power Television Station (as defined in Sections E and G of Part IV of the Broadcast Procedures and Rules of Industry Canada effective April 1997), or

(iii) a terrestrial system which performs a function comparable to that of a cable transmission system, which uses Hertzian waves to transmit the signals and which otherwise meets the definition of “small cable transmission system.”

(2) The royalty payable pursuant to subsection (1) is due on the later of January 31 of the relevant year or the last day of the month after the month in which the system first transmits a signal in the relevant year.

(3) The following information shall be provided in respect of a system for which royalties are being paid pursuant to subsection (1):

(a) the number of premises served on the later of December 31 of the preceding year or the last day of the month in which the system first transmitted a signal in the relevant year;

(b) if the small cable transmission system qualifies as such by virtue of paragraph 3(b) of the Regulations, the number of premises, determined in accordance with the Regulations, the system served or was deemed to serve on the last day of each month during the preceding year;

(c) if the system is a master antenna system and is located within the service area of another cable transmission system, the name of that other system and a statement to the effect that the other system transmits a signal, with or without a fee, to no more than 2,000 premises in its licensed area; and

(d) if the system is included in a unit within the meaning of the Regulations,

(i) the date the system was included in the unit,

(ii) the names of all the systems included in the unit,

(iii) the names of the person or group of persons who own or who directly or indirectly control the systems included in the unit, and

(iv) the nature of the control exercised by these persons.

Other Distribution Undertakings

5. (1) Sections 6 to 15 apply to distribution undertakings that are not subject to section 4.

(2) Unless otherwise provided, for the purposes of sections 6 to 15, any reference to a distribution undertaking, to affiliation payments or to premises served excludes systems subject to section 4 or payments made or premises served by such systems.

Community and Non-Programming Services

6. The total royalty payable in any month in respect of all community channels, non-programming services and other services generating neither affiliation payments nor gross income that are transmitted by a distribution undertaking shall be 0.14¢ per premises or TVRO served by the distribution undertaking on the last day of the relevant month.

Election of Licence

7. (1) A programming undertaking other than a service that is subject to section 6 can elect for the standard or modified blanket licence.

(2) An election must be in writing, and must be received by SOCAN at least 30 days before the first day of the month for which the election is to take effect.

(3) An election remains valid until a further election is made.

(4) A programming undertaking can make no more than two elections in a year.

(5) A programming undertaking that has never made an election is deemed to have elected for the standard blanket licence.

Standard Blanket Licence

8. (1) Subject to subsection (2), the monthly royalty payable for the transmission of the signal of a programming undertaking that has elected for the standard blanket licence is

(i) 1.9 per cent of affiliation payments payable in the relevant month by a distribution undertaking to the programming undertaking, plus

(ii) X × Y × 1.9 per cent
Z

where

X is the gross income of the programming undertaking during the relevant month

Y is the number of premises or TVROs served by the distribution undertaking and lawfully receiving the signal of the programming undertaking on the last day of the relevant month

Z is the total number of premises or TVROs (including those served by systems subject to section 4) lawfully receiving the signal of the programming undertaking on the last day of the relevant month.

(2) Notwithstanding subsection (1),

(i) subparagraph (1)(ii) does not apply to non-Canadian specialty services,

(ii) the royalty rate is 0.8 per cent if a programming undertaking communicates works for which it requires a licence from SOCAN, excluding production music and cleared music, for less than 20 per cent of the programming undertaking’s total air time and keeps and makes available to SOCAN complete recordings of its last 90 broadcast days.

(3) The royalty payable pursuant to subsection (1) is calculated in accordance with Form A (found at page 43 of this Supplement) if the royalties are being paid by the distribution undertaking, and in accordance with Form B (found at page 44 of this Supplement) if the royalties are being paid by the programming undertaking.

Modified Blanket Licence (MBL)

9. (1) Subject to subsection (2), the monthly royalty payable for the transmission of the signal of a programming undertaking that has elected for the modified blanket licence is calculated in accordance with Form C (found at page 46 of this Supplement).

(2) Notwithstanding subsection (1),

(i) no account is taken of gross income in calculating the royalty payable in respect of a non-Canadian specialty service,

(ii) the royalty rate is 0.8 per cent if a programming undertaking

(A) communicates works for which it requires a licence from SOCAN, excluding production music and cleared music, for less than 20 per cent of the programming undertaking’s total air time, excluding the air time of cleared programs, and

(B) keeps and makes available to SOCAN complete recordings of its last 90 broadcast days.

Due Date for Royalties

10. Royalties shall be due on the last day of the third month following the relevant months.

Reporting Requirements

11. No later than the last day of the month following the relevant month, a distribution undertaking shall provide to SOCAN and to each programming undertaking whose signal it transmitted during the relevant month

(a) the number of premises or TVROs served by the distribution undertaking and lawfully receiving the signal on the last day of the relevant month; and

(b) the amount of the distribution undertaking’s affiliation payment for that signal for the relevant month.

12. (1) No later than the last day of the second month following the relevant month, a programming undertaking that does not intend to pay the royalty owed in respect of its signal for the relevant month shall provide to SOCAN and to each distribution undertaking that transmitted its signal during the relevant month

(a) the number obtained by dividing its gross income for the relevant month by the total number of premises or TVROs (including those served by systems subject to section 4) lawfully receiving its signal on the last day of the relevant month;

(b) if the programming undertaking has elected for the modified blanket licence, the percentage of its gross income that was generated by cleared programs in the relevant month and the percentage of total air time of cleared programs during that month; and

(c) if the programming undertaking claims that it complies with subparagraph 8(2)(ii) or 9(2)(ii), a notice to that effect.

(2) A programming undertaking referred to in subsection (1) shall also provide to SOCAN, by the date mentioned in subsection (1)

(a) its gross income during the relevant month;

(b) the total number of premises or TVROs (including those served by systems subject to section 4) lawfully receiving the signal of the programming undertaking on the last day of the relevant month; and

(c) the total number of premises or TVROs (excluding those served by systems subject to section 4) lawfully receiving the signal of the programming undertaking on the last day of the relevant month.

13. No later than the last day of the second month following the relevant month, a programming undertaking that has elected for the modified blanket licence shall provide to SOCAN, using Form D (found at page 48 of this Supplement), reports identifying, in respect of each cleared program, the music used in that program as well as any document supporting its claim that the music identified in Form D is cleared music, or a reference to that document, if the document was provided previously.

14. (1) A programming undertaking that makes a payment shall provide to SOCAN with its payment the total amount of affiliation payments payable to it for the relevant month and the calculation of the royalty for the relevant month, using the applicable form.

(2) A distribution undertaking that makes a payment shall provide to SOCAN with its payment, for the relevant month and in respect of each programming undertaking whose signal it transmitted during the relevant month,

(a) the name of the programming undertaking, the name of its signal and the affiliation payment;

(b) the number of premises or TVROs served by the distribution undertaking and lawfully receiving the signal of the programming undertaking on the last day of the relevant month; and

(c) the calculation of the royalty, using the applicable form.

MBL: Incorrect Cleared Program Claims

15. Amounts paid pursuant to lines B and C of Form C on account of a program that a programming undertaking incorrectly claimed as a cleared program are not refundable.

Audit

16. SOCAN shall have the right to audit the books and records of a programming undertaking or of a distribution undertaking, on reasonable notice and during normal business hours, to verify the statements rendered and the royalty payable.

Confidentiality

17. (1) Subject to subsections (2) and (3), information received pursuant to this tariff shall be treated in confidence, unless the undertaking who supplied the information consents in writing to the information being treated otherwise.

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

(i) to comply with this tariff,

(ii) with the Copyright Board,

(iii) in connection with proceedings before the Copyright Board, if the collective society has first provided a reasonable opportunity for the undertaking providing the information to request a confidentiality order,

(iv) to the extent required to effect the distribution of royalties, with a royalty claimant, or

(v) if ordered by law or by a court of law.

(3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than the undertaking and who is not under an apparent duty of confidentiality to that undertaking.

Interest on Late Payments

18. 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.

Tariff No. 18

RECORDED MUSIC FOR DANCING

[NOTE: Tariff No. 18 was certified by the Copyright Board for the years 2005 to 2010 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

Tariff No. 19

FITNESS ACTIVITIES AND DANCE INSTRUCTION

[NOTE: Tariff No. 19 was certified by the Copyright Board for the years 2007 to 2010 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

Tariff No. 20

KARAOKE BARS AND SIMILAR ESTABLISHMENTS

[NOTE: Tariff No. 20 was certified by the Copyright Board for the years 2005 to 2010 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

Tariff No. 21

RECREATIONAL FACILITIES OPERATED BY A MUNICIPALITY, SCHOOL, COLLEGE, UNIVERSITY, AGRICULTURAL SOCIETY OR SIMILAR COMMUNITY ORGANIZATIONS

[NOTE: Tariff No. 21 was certified by the Copyright Board for the years 2005 to 2010 in the Supplement to the Canada Gazette, Part I, dated March 22, 2008.]

Tariff No. 22

INTERNET

A. Online Music Services

1. (1) This part of Tariff 22 sets the royalties to be paid for the communication to the public by telecommunication of works in SOCAN’s repertoire in connection with the operation of an online music service in 2009, including the use of a musical work in a videoclip.

(2) This part of the tariff does not apply to uses covered by other applicable tariffs, including SOCAN Tariffs 16 and 24.

2. In this part of the tariff,

“bundle” means two or more digital files offered as a single product, if at least one file is a permanent download; (« ensemble »)

“download” means a file intended to be copied onto a consumer’s local storage device; (« téléchargement »)

“file” except in the definition of bundle, means a digital file of a sound recording of a musical work; (« fichier »)

“limited download” means a download that uses technology that causes the file to become unusable when a subscription ends; (« téléchargement limité »)

“on-demand stream” means a stream selected by its recipient; (« transmission sur demande »)

“online music service” means a service that delivers streams or limited downloads to subscribers or permanent downloads to consumers, other than a service that offers only streams in which the file is selected by the service, which can only be listened to at a time chosen by the service and for which no advance play list is published; (« service de musique en ligne »)

“permanent download” means a download other than a limited download; (« téléchargement permanent »)

“play” means the single performance of an on-demand stream; (« écoute »)

“portable limited download” means a limited download that uses technology that allows the subscriber to reproduce the file on a device other than a device to which an online music service delivered the file; (« téléchargement limité portable »)

“stream” means a file that is intended to be copied onto a local storage device only to the extent required to allow listening to the file at substantially the same time as when the file is transmitted. (« transmission »)

3. (1) The royalties payable in a month for an online music service that offers only on-demand streams shall be

A × B
C

where

(A) is 6.8 per cent of the amounts paid by subscribers for the service during the month,

(B) is the number of plays of files requiring a SOCAN licence during the month, and

(C) is the number of plays of all files during the month, subject to a minimum fee of 43.3¢ per subscriber.

(2) The royalties payable in a month for an online music service that offers limited downloads with or without on-demand streams shall be

A × B
C

where

(A) is 7 per cent of the amounts paid by subscribers for the service during the month (10 per cent in the case of a service that offers previews),

(B) is the number of limited downloads requiring a SOCAN licence during the month, and

(C) is the total number of limited downloads during the month, subject to a minimum fee of 54.8¢ per subscriber if portable limited downloads are allowed, and 35.9¢ per subscriber if they are not.

(3) The royalty payable for a permanent download requiring a SOCAN licence shall be 7 per cent of the amount paid by a consumer for the download (10 per cent in the case of a service that offers previews), subject to a minimum fee of 1.5¢ per file in a bundle that contains 13 or more files, and 2.1¢ per file in all other cases.

4. (1) Royalties shall be due no later than 60 days after the end of each quarter.

(2) Subject to subsection (5), the payment of an online music service that offers only on-demand streams shall be accompanied by a report showing, with respect to the relevant quarter,

(a) the number of plays of each file requiring a SOCAN licence;

(b) the total number of plays of files requiring a SOCAN licence;

(c) the total number of plays of all files; and

(d) the number of subscribers to the service and the total amounts paid by them.

(3) Subject to subsection (5), the payment of an online music service that offers limited downloads shall be accompanied by a report showing, with respect to the relevant quarter,

(a) the number of portable limited downloads and number of other limited downloads of each file requiring a SOCAN licence;

(b) the total number of portable limited downloads and other limited downloads requiring a SOCAN licence;

(c) the total number of portable limited downloads and other limited downloads; and

(d) the number of subscribers entitled to receive portable limited downloads, the number of other subscribers and the total amounts paid by all subscribers.

(4) Subject to subsection (5), the payment of an online music service that offers permanent downloads shall be accompanied by a report showing, with respect to the relevant quarter,

(a) the total number of permanent downloads supplied;

(b) the total number of permanent downloads requiring a SOCAN licence supplied and the total amount payable by subscribers for those downloads; and

(c) with respect to each permanent download requiring a SOCAN licence,

(i) the number of times each file was downloaded as part of a bundle, the amount paid by consumers for each bundle and a description of the manner in which the service assigned a share of that amount to the file,

(ii) the total number of times the download was supplied at a particular price, and

(iii) any other available information—such as the title of the work, the name of the author, the name of the performer, the Universal Product Code (UPC) and the International Standard Recording Code (ISRC)—that may help SOCAN determine the owner of copyright in the work used in the download.

(5) A service may provide the information set out in paragraphs 6(1)(f) and (g) and subsections 8(1) to (3) of the CSI Online Music Services Tariff, 2005-2007 instead of the information set out in subsections (2) to (4).

(6) The payment shall be accompanied by a report showing, with respect to each download or stream not requiring a SOCAN licence, information that establishes why the licence was not required.

5. 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.

B. Audio Webcasts

(i) For communications from Sites or Services whose content is similar to that of a pay audio service subject to the SOCAN-NRCC Pay Audio Services Tariff, the greater of 20 per cent of the Gross Revenues earned by the Site or Service or 20 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00,

(ii) For communications from Sites or Services whose content is similar to that of a conventional radio station subject to Tariff 1.A, the greater of 15 per cent of the Gross Revenues earned by the Site or Service or 15 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00,

(iii) For communications from Sites or Services whose content is similar to that of a conventional CBC radio station subject to Tariff 1.C, the greater of 15 per cent of the Gross Revenues earned by the Site or Service or 15 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00, and

(iv) For communications from Sites or Services whose content is similar to that of a conventional radio station subject to Tariff 1.B, the greater of 7.5 per cent of the Gross Revenues earned by the Site or Service or 7.5 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00.

C. Webcasts of Radio Station Signal

(i) For communications of musical works as part of the signal of a conventional radio station that is otherwise subject to Tariff 1.A, the greater of 15 per cent of the Gross Revenues earned by the Site or Service or 15 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00,

(ii) For communications of musical works as part of the signal of a conventional CBC radio station that is otherwise subject to Tariff 1.C, the greater of 15 per cent of the Gross Revenues earned by the Site or Service or 15 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00, and

(iii) For communications of musical works as part of the signal of a conventional radio station that is otherwise subject to Tariff 1.B, the greater of 7.5 per cent of the Gross Revenues earned by the Site or Service or 7.5 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00.

D. Audiovisual Webcasts

For communications of musical works as part of audiovisual works from Sites or Services whose content is similar to that of a conventional television station subject to Tariff 2 or a programming undertaking subject to Tariff 17, the greater of 15 per cent of the Gross Revenues earned by the Site or Service or 15 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00.

E. Webcasts of Television Station Signals

For communications of musical works as part of the signal of a conventional television station that is otherwise subject to Tariff 2 or a programming undertaking otherwise subject to Tariff 17, the greater of 15 per cent of the Gross Revenues earned by the Site or Service or 15 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00.

F. Game Sites

For communications of musical works as part of games, including gambling, from Sites or Services that consist predominantly of games, the greater of 10 per cent of the Gross Revenues earned by the Site or Service or 10 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00.

G. Other Sites

For communications of musical works from a Site or Service other than one mentioned in items A through F above, the greater of 10 per cent of the Gross Revenues earned by the Site or Service or 10 per cent of the Gross Operating Expenses of the Site or Service, with a minimum monthly fee of $200.00.

“Similar Transmission Facilities” includes a telecommunications facility from which musical works are communicated to cellular phones or other personal communication devices, utilizing Internet and/or other transmission protocols.

“Sites or Services,” “Site,” or “Service” means a site or service accessible via the Internet or Similar Transmission Facilities from which content is transmitted to Users.

“Internet Transmissions” means transmissions of content to Users from or through a Site or Service.

“Users” are all those who receive or access Internet Transmissions or transmissions from similar facilities.

“Gross Operating Expenses” include the amounts paid for all goods and services that are required for the Site or Service to operate.

“Gross Revenues” includes the total of all amounts paid by Users for the right to access (including the right to select, listen to, reproduce for later listening, or both listen to and reproduce for later listening) musical works or content of which musical works form a part, all amounts paid for the preparation, storage or transmission of advertisements on the Site or Service, whether such amounts are paid to the owner or operator of the Site or Service or to another person or entity.

“Advertisements on the Site or Service” includes any sponsorship, announcement, trademark, commercial message or advertisement displayed, communicated or accessible during connection to or with the Site or Service or to which the User’s attention is directly or indirectly guided by any means.

The fee shall be paid within 30 days of the end of each month together, where applicable, with a report of the number of Users, the Gross Revenues and Gross Operating Expenses for the relevant month.

The licensee shall provide SOCAN, in electronic form, quarterly music use reports that shall contain detailed information from the licensee’s Site or Service usage logs concerning the transmission of all musical works from the Site or Service. Such information shall identify each musical work by title, composer/ writer, author, artist, record label, and unique identifier (e.g. ISWD, ISAN) length, type of use (i.e. theme, background or feature performance) and the manner of performance (i.e. instrumental or vocal), and specify the number of times each musical work was transmitted and whether the work was streamed or otherwise downloaded.

Tariff 22 does not apply to the use of music in Internet Transmissions or Similar Transmission Facilities covered under Tariffs 16, 24 or 25.

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.

Tariff No. 23

HOTEL AND MOTEL IN-ROOM SERVICES

Definitions

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

Application and Royalties

2. For a licence to communicate to the public by telecommunication, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire, by means of hotel or motel in-room audio-visual or musical services, the total fees payable shall be

(a) 1.25 per cent of the fees paid by guests to view audio-visual works other than mature audience films;

(b) 0.3125 per cent 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 per cent of the revenues of the provider of any musical service.

Payment and Reporting Requirements

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 audio-visual works other than mature audience films,

(i) the fees paid by guests to view the audio-visual content, and

(ii) the individual titles of the audio-visual works used during the quarter;

(b) for mature audience films,

(i) the fees paid by guests to view the films,

(ii) a list of individual 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.

Audits

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

Uses Not Targeted in the Tariff

5. (1) This tariff does not apply to uses covered by other SOCAN tariffs, including Tariffs 17 and 22 and the Pay Audio Services Tariff.

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

Tariff No. 24

RINGTONES AND RINGBACKS

For a licence to communicate to the public by telecommunication, at any time and as often as desired in 2009, any or all of the works in SOCAN’s repertoire in connection with the supply of ringtones and ringbacks, the fee payable is as follows:

1. Ringtones

For the supply of ringtones, 10 per cent of the retail price of the ringtones supplied, subject to a minimum fee of 10¢ per ringtone.

2. Ringbacks

For the supply of ringbacks, 15 per cent of the retail price of the ringbacks supplied, subject to a minimum fee of 15¢ per ringback.

“ringtone” includes monophonic, polyphonic and master sound recording tones (also known as “mastertones” or “ringtunes”) which, when activated by an incoming telephone call, result in an acoustic representation of a musical work that is audible to the answering party.

“ringback” (also known as “caller ringtones”) includes monophonic, polyphonic and master sound recording tones (also known as “mastertones” or “ringtunes”) which, when activated by an incoming telephone call, result in an acoustic representation of a musical work that is audible to the calling party.

The fee shall be paid within 10 days of the end of each quarter together with a report of the number of ringtones and ringbacks supplied and the applicable retail price.

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.

Tariff No. 25

DIRECT MULTI-CHANNEL SUBSCRIPTION AUDIO SERVICES

For a monthly licence to communicate to the public by telecommunication, at any time and as often as desired in 2009, for private and domestic use, any or all of the works in SOCAN’s repertoire in connection with the direct transmission by a programming undertaking of a multi-channel subscription audio service to subscribers, the programming undertaking shall pay SOCAN 25 per cent of the programming undertaking’s gross income for the second month before the month for which the licence is issued.

“Gross income” means the gross amounts payable by subscribers for the programming service and any other amounts payable to the programming undertaking by any person for the use of one or more of the broadcasting services or facilities provided by the programming undertaking, including but not limited to advertising and sponsorship revenue.

No later than the day before the first day of the month for which the licence is issued, the programming undertaking shall pay the royalty and report the programming undertaking’s gross income and total number of subscribers for the second month before the month for which the licence is issued.

The programming undertaking shall keep and preserve, for a period of six years after the end of the month to which they relate, records from which its gross income can be readily ascertained. SOCAN may audit these records at any time within the six-year period, on reasonable notice and during normal business hours. SOCAN shall, upon receipt, supply a copy of the report of the audit to the programming undertaking which was the object of the audit. If an audit discloses that royalties due to SOCAN have been understated in any month by more than 10 per cent, the programming undertaking which was the object of the audit shall pay the reasonable costs of the audit within 30 days of the demand for such payment.

The programming undertaking shall also report to SOCAN the sequential lists of all recordings played on each audio channel. Each entry list shall mention the title of the musical work, the name of the author or composer of the work, the name of the performers or of the performing group, the title of the record album and the record label. The information shall be provided for a period of seven consecutive days for each month, no later than on the last day of the following month. It shall be provided in electronic format where available.

This tariff does not apply to music uses covered by other tariffs, including SOCAN Tariffs 16, 18, 22 or SOCAN’s Pay Audio Services Tariff.

PAY AUDIO SERVICES

Short Title

1. This tariff may be cited as the SOCAN Pay Audio Services Tariff, 2009.

Definitions

2. In this tariff,

“distribution undertaking” means a distribution undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11; (« entreprise de distribution »)

“premises” has the meaning attributed to it in section 2 of the Definition of “Small Cable Transmission System” Regulations, SOR/94-755 (Canada Gazette, Part II, Vol. 128, page 4096), which reads:

“ ‘premises’ means

(a) a dwelling, including a single-unit residence or a single unit within a multiple-unit residence; or

(b) a room in a commercial or institutional building”; (« local »)

“programming undertaking” means a programming undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11; (« entreprise de programmation »)

“Regulations” means the Definition of “Small Cable Transmission System” Regulations, SOR/94-755 (Canada Gazette, Part II, Vol. 128, page 4096), amended by SOR/2005-148 (Canada Gazette, Part II, Vol. 139, page 1195); (« Règlement »)

“signal” means a television or audio signal, other than a signal within the meaning of subsection 31(1) of the Act, retransmitted in accordance with subsection 31(2) of the Act; (« signal »)

“small cable transmission system” has the meaning attributed to it in sections 3 and 4 of the Regulations, which read:

“3. (1) Subject to subsections (2) to (4) and section 4, ‘small cable transmission system’ means a cable transmission system that transmits a signal, with or without a fee, to not more than 2,000 premises in the same service area.

(2) For the purpose of subsection (1), where a cable transmission system is included in the same unit as one or more other cable transmission systems, the number of premises to which the cable transmission system transmits a signal is deemed to be equal to the total number of premises to which all cable transmission systems included in that unit transmit a signal.

(3) For the purpose of subsection (2), a cable transmission system is included in the same unit as one or more other cable transmission systems where

(a) they are owned or directly or indirectly controlled by the same person or group of persons; and

(b) their service areas are each less than 5 km distant, at some point, from at least one other among them, and those service areas would constitute a series of contiguous service areas, in a linear or non-linear configuration, were it not for the distance.

(4) Subsection (2) does not apply to a cable transmission system that was included in a unit on December 31, 1993.

4. The definition set out in subsection 3(1) does not include a cable transmission system that is a master antenna system located within the service area of another cable transmission system that transmits a signal, with or without a fee, to more than 2,000 premises in that service area”; (« petit système de transmission par fil »)

“year” means a calendar year. (« année »)

3. For the purposes of this tariff, in respect of a cable transmission system that is exempt from licensing pursuant to the Exemption Order for Small Cable Undertakings (Appendix I, Public Notice CRTC 2001-121, December 7, 2001), any reference to a licensed area shall be read, effective as of

(i) the date of cancellation of the relevant licence in the case of a system which held a licence on December 7, 2001,

(ii) the date the system begins operations in the case of all other systems,

as a reference to the area in which premises lawfully served by the cable transmission system are located.

Application

4. (1) This tariff sets the royalties to be paid for the communication to the public by telecommunication of musical and dramatico-musical works in SOCAN’s repertoire, in connection with the transmission by a distribution undertaking of a pay audio signal for private or domestic use.

(2) This tariff does not apply to uses covered by other applicable tariffs, including SOCAN Tariffs 16, 18 or 22.

Royalties

5. (1) Subject to subsection (2), the royalties payable to SOCAN are 12.35 per cent of the affiliation payments payable during a month by a distribution undertaking for the transmission for private or domestic use of a pay audio signal.

(2) The royalties payable to SOCAN are 6.175 per cent of the affiliation payments payable during a year by a distribution undertaking for the transmission for private or domestic use of a pay audio signal, where the distribution undertaking is

(i) a small cable transmission system,

(ii) an unscrambled Low Power Television Station or Very Low Power Television Station (as defined in Sections E and G of Part IV of the Broadcast Procedures and Rules of Industry Canada effective April 1997), or

(iii) a system which performs a function comparable to that of a cable transmission system, which uses Hertzian waves to transmit the signals and which otherwise meets the definition of “small transmission system.”

Dates of Payments

6. (1) Royalties payable pursuant to subsection 5(1) shall be due on the last day of the month following the month for which the royalties are being paid.

(2) Royalties payable pursuant to subsection 5(2) shall be due on January 31 of the year following the year for which the royalties are being paid.

Reporting Requirements

7. (1) A programming undertaking that makes a payment shall provide with its payment, for the relevant period and with respect to each distribution undertaking to which it supplied a pay audio signal,

(a) the name of the distribution undertaking;

(b) the list of pay audio signals the programming undertaking supplied to the distribution undertaking for transmission for private or domestic use; and

(c) the amount of the affiliation payments payable for the transmission for private or domestic use of these signals.

(2) A distribution undertaking that makes a payment shall provide with its payment, for the relevant period and with respect to each programming undertaking from which it purchased a signal,

(a) the name of the programming undertaking;

(b) the list of pay audio signals supplied to the distribution undertaking by the programming undertaking for transmission for private or domestic use; and

(c) the amount of the affiliation payments payable for the transmission for private or domestic use of these signals.

(3) The following information shall also be provided with respect to any system for which royalties are being paid pursuant to subsection 5(2):

(a) the number of premises served in the system on the last day of each month for which payment is being made;

(b) if the system is a master antenna system and is located within the service area of another cable transmission system, the name of that other system and a statement to the effect that the other system transmits a signal, with or without a fee, to not more than 2,000 premises in its licensed area, or that the other system is operating pursuant to the Exemption Order for Small Cable Undertakings;

(c) if the system is included in a unit within the meaning of the Definition of “Small Cable Transmission System” Regulations,

(i) the date the system was included in the unit,

(ii) the names of all the systems included in the unit,

(iii) the names of the person or group of persons who own or who directly or indirectly control the systems included in the unit, and

(iv) the nature of the control exercised by these persons.

Sound Recording Use Information

8. (1) A programming undertaking shall provide to SOCAN the sequential lists of all recordings played on each pay audio signal. Each entry list shall mention the title of the musical work, the name of the author or composer of the work, the name of the performers or of the performing group, the title of the record album and the record label.

(2) The information set out in subsection (1) shall be provided for a period of seven consecutive days for each month, no later than on the last day of the following month. It shall be provided in electronic format where available.

Records and Audits

9. (1) A programming undertaking shall keep and preserve, for a period of six months after the end of the month to which they relate, records from which the information set out in section 8 can be readily ascertained.

(2) Both the distribution undertaking and the programming undertaking shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which a distribution undertaking’s affiliation payments to the programming undertaking can be readily ascertained.

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

(4) SOCAN shall, upon receipt, supply a copy of the report of the audit to the undertaking which was the object of the audit.

(5) If an audit discloses that royalties due to SOCAN have been understated in any month by more than 10 per cent, the undertaking which was the object of the audit shall pay the reasonable costs of the audit within 30 days of the demand for such payment.

Confidentiality

10. (1) Subject to subsections (2) and (3), SOCAN shall treat in confidence information received pursuant to this tariff, unless the undertaking who supplied the information consents in writing to the information being treated otherwise.

(2) SOCAN may share information referred to in subsection (1)

(i) with the Copyright Board,

(ii) in connection with proceedings before the Copyright Board, if SOCAN has first provided a reasonable opportunity for the undertaking providing the information to request a confidentiality order,

(iii) to the extent required to effect the distribution of royalties, with any other collecting body or with its royalty claimants, or

(iv) if required by law or by a court of law.

(3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than the undertaking and who is not under an apparent duty of confidentiality to that undertaking.

Adjustments

11. 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.

Interest on Late Payments

12. 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.

Addresses for Notices, etc.

13. (1) Anything that an undertaking sends to SOCAN shall be sent to 41 Valleybrook Drive, Toronto, Ontario M3B 2S6, fax number 416-445-7108, or to any other address or fax number of which the undertaking has been notified.

(2) Anything that SOCAN sends to an undertaking shall be sent to the last address of which the collective has been notified.

Delivery of Notices and Payments

14. (1) A notice may be delivered by hand, by postage paid mail or by fax.

(2) A notice or payment mailed in Canada shall be presumed to have been received three business days after the day it was mailed.

(3) A notice sent by fax shall be presumed to have been received the day it is transmitted.

TARIFF 2.A (COMMERCIAL TELEVISION STATIONS)

FORM A

CALCULATION OF LICENCE FEE FOR A MODIFIED BLANKET LICENCE (MBL) FOR THE MONTH OF ____________

Payment on account of cleared programs	letter	calculation
— to account for additional expenses incurred by SOCAN because of the availability of the MBL: 3% × 1.9% × gross income from all programs	(A)	______________
— to account for the fact that stations that use the MBL pay royalties two months later than other stations: 1% × 1.9% × gross income from all programs	(B)	______________
— to account for the use of ambient and production music in cleared programs: 5% × 1.9% × gross income from cleared programs	(C)	______________
— to account for SOCAN’s general operating expenses: 22% × 95% × 1.9% × gross income from cleared programs	(D)	______________
TOTAL of A + B + C + D:	(E)	______________
Payment on account of programs other than cleared programs
— 1.9 % × gross income from all programs other than cleared programs:	(F)	______________
TOTAL LICENCE FEE FOR THE MONTH (E + F):	(G)	______________
Please remit the amount set out in (G)

TARIFF 2.A (COMMERCIAL TELEVISION STATIONS)

FORM B

MUSIC REPORT FOR CLEARED PROGRAMS

Television Station: ________________________________________

Program Title and Episode Number: __________________________

Air Date: ____________________

Producer: _______________________________________________

Gross Income from Program: ________________________________

Please complete the following report for EVERY musical work included in the program. Please provide, for each musical work, a copy of any document on which you rely to conclude rights that the music is cleared music, or a reference to that document, if you provided it previously.

Item	Title	Use (Theme, Feature, Background)	Timing	COMPOSER		PUBLISHER
				NAME	CLEARANCE (DIRECT, SOURCE, PUBLIC DOMAIN) [with reference to any supporting documents]	NAME	CLEARANCE (DIRECT, SOURCE, PUBLIC DOMAIN) [with reference to any supporting documents]	PERFORMER

Tariff No. 17

TRANSMISSION OF PAY, SPECIALTY AND OTHER TELEVISION SERVICES BY DISTRIBUTION UNDERTAKINGS

FORM A

CALCULATION OF LICENCE FEE FOR A STANDARD BLANKET LICENCE FOR THE MONTH OF _____________________ (Payment by the distribution undertaking)

Name of the distribution undertaking: _________________________

Name of the programming undertaking or signal on account of which the royalties are being paid (please provide one form per programming undertaking or signal):

(A) 1.9% × amount payable by the distribution undertaking for the right to carry the signal for the relevant month: ____________

(B) 1.9% × number supplied by the programming undertaking pursuant to paragraph 12(1)(a) of the tariff × number of premises or TVROs served by the distribution undertaking and lawfully receiving the signal of the programming undertaking on the last day of the relevant month: ___________________________

(C) TOTAL LICENCE FEE FOR THE MONTH (A + B): ________________

Please remit the amount set out in (C)

NOTE: If the programming undertaking claims that it complies with subparagraph 8(2)(ii) of the tariff, the applicable royalty rate is 0.8%.

FORM B

CALCULATION OF LICENCE FEE FOR A STANDARD BLANKET LICENCE FOR THE MONTH OF _______________ (Payment by the distribution undertaking)

Name of the programming undertaking or signal: ________________

List of the distribution undertakings on account of which royalties are being paid:_______________________________

(A) 1.9% × total amount payable by the relevant distribution undertakings for the right to carry the signal of the programming undertaking for the relevant month: ________________________

(B) X ×Y × 1.9%: _____________
Z

where

X is the gross income of the programming undertaking during the relevant month

Y is the total number of premises or TVROs served by the distribution undertakings and lawfully receiving the signal of the programming undertaking on the last day of the relevant month

Z is the total number of premises or TVROs (including those served by systems subject to section 4 of the tariff) lawfully receiving the signal of the programming undertaking on the last day of that month.

(C) TOTAL LICENCE FEE FOR THE MONTH (A + B): ________________

Please remit the amount set out in (C)

NOTE: If the programming undertaking claims that it complies with subparagraph 8(2)(ii) of the tariff, the applicable royalty rate is 0.8%.

FORM C

CALCULATION OF LICENCE FEE FOR A MODIFIED BLANKET LICENCE (MBL) FOR THE MONTH OF ____________

For the purposes of this form and for the month for which the royalties are being calculated, “Affiliation payments” does not include payments made by systems subject to section 4 of the tariff (small systems).

“Total affiliation payments” means

(a) if a distribution undertaking fills the form, the affiliation payment payable by the distribution undertaking to the relevant programming undertaking for that month; and

(b) if a programming undertaking fills the form, the affiliation payments payable to the programming undertaking by all the distribution undertakings that carried its signal during that month.

“Affiliation payments from cleared programs” means the total affiliation payments multiplied by the percentage of total air time attributable to cleared programs in that month. (That figure is provided by the programming undertaking pursuant to paragraph 12(1)(b) of the tariff if a distribution undertaking fills the form.)

“Affiliation payments from programs other than cleared programs” means the difference between total affiliation payments and affiliation payments from cleared programs.

“Total gross income” means

(a) if a distribution undertaking fills the form, the number provided by the programming undertaking for that month pursuant to paragraph 12(1)(a) of the tariff multiplied by the number of premises or TVROs served by the distribution undertaking and lawfully receiving the signal of the programming undertaking on the last day of that month; and

(b) if a programming undertaking fills the form, the undertaking’s gross income for that month multiplied by the ratio of the total number of premises or TVROs (excluding those served by systems subject to section 4 of the tariff) lawfully receiving its signal on the last day of that month over the total number of premises or TVROs (including those served by systems subject to section 4 of the tariff) lawfully receiving its signal on the last day of that month.

“Gross income from cleared programs” means the total gross income multiplied by the percentage of gross income from cleared programs. (That figure is provided by the programming undertaking pursuant to paragraph 12(1)(b) of the tariff if a distribution undertaking fills the form.)

“Gross income from programs other than cleared programs” means the difference between total gross income and gross income from cleared programs.

If the distribution undertaking fills the form, one form must be completed with respect to each programming undertaking that has elected for the MBL that the distribution undertaking transmits in the relevant month. If the programming undertaking fills the form, only one form needs to be completed.

Payment on account of cleared programs	letter	calculation
— to account for additional expenses incurred by SOCAN because of the availability of the MBL: 3% × 1.9% × (total gross income + total affiliation payments)	(A)	______________
— to account for the use of ambient and production music in cleared programs: 5% × 1.9% × (gross income from cleared programs + affiliation payments from cleared programs)	(B)	______________
— to account for SOCAN’s general operating expenses: 22% × 95% × 1.9% × (gross income from cleared programs + affiliation payments from cleared programs)	(C)	______________
TOTAL of A + B + C	(D)	______________
Payment on account of all programs other than cleared programs
— 1.9% × (gross income from programs other than cleared programs + affiliation payments from programs other than cleared programs)	(E)	______________
TOTAL LICENCE FEE FOR THE MONTH (D + E)	(F)	______________
Please remit the amount set out in (F)

NOTE: If the programming undertaking claims that it complies with subparagraph 9(2)(ii) of the tariff, the applicable royalty rate is 0.8%.

FORM D

MUSIC REPORT FOR CLEARED PROGRAMS

Signal / Channel: _________________________________________

Program Title and Episode Number: ___________________________

Air Date: ___________________

Producer: _______________________________________________

Gross Income from Program: ________________________________

Please complete the following report for EVERY musical work included in the program.

Please provide, for each musical work, a copy of any document on which you rely to conclude that the music is cleared music, or a reference to that document, if you provided it previously.

Item	Title	Use (Theme, Feature, Background)	Timing	COMPOSER		PUBLISHER
				NAME	CLEARANCE (DIRECT, SOURCE, PUBLIC DOMAIN) [with reference to any supporting documents]	NAME	CLEARANCE (DIRECT, SOURCE, PUBLIC DOMAIN) [with reference to any supporting documents]	PERFORMER

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