Vol. 143, No. 20 — May 16, 2009

COPYRIGHT BOARD

FILES: Public Performance of Musical Works 2005-2009; Public Performance of Sound Recordings 2007-2010; Reproduction of Musical Works 2006-2009

Statement of Royalties to Be Collected by SOCAN, NRCC and CSI in Respect of Multi-Channel Subscription Satellite Radio Services

Notice is hereby given that there are errors in the Satellite Radio Services Tariff (SOCAN: 2005-2009; NRCC: 2007-2010; CSI: 2006-2009) in the Copyright Board supplement published in the Canada Gazette, Part I, Vol. 143, No. 15, dated Saturday, April 11, 2009.

In paragraph 4(2)(a), “0.09” is replaced by “0.10”.

In paragraph 4(2)(b), “1.84” is replaced by “1.87” and “18¢” by “19¢”.

In paragraph 4(2)(c), “2.81” is replaced by “2.90” and “28¢” by “29¢”.

For ease of reference, the corrected version of section 4 (Royalties) can be found on the next page.

Ottawa, May 16, 2009

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

Royalties

4. (1) A service shall pay to SOCAN and to NRCC, respectively, 4.26 and 1.18 per cent of its service revenue for the reference month, subject to minimum fees of 43¢ and 12¢ per subscriber.

(2) A service shall pay to CSI the following percentages of its service revenues for the reference month:

(a) for reproductions made in connection with the programming operations of the service, 0.10 per cent, subject to a minimum fee of 1¢ per subscriber and to a discount of 95 per cent if no work is transmitted to subscribers using copies on a server located in Canada;

(b) for reproductions onto receivers enabled for extended buffer or replay,

(1.87 ´ A) per cent
       B

where

(A) is the number of subscribers owning a receiver enabled for extended buffer or replay but not a receiver enabled to store individual songs or blocks of programming for playback at a time chosen by the subscriber, and

(B) is the total number of subscribers,

subject to a minimum fee of 19¢ per subscriber referred to in variable (A); and

(c) for reproductions onto receivers enabled to store individual songs or blocks of programming for playback at a time chosen by the subscriber,

(2.90 ´ C) per cent
       B

where

(C) is the number of subscribers owning a receiver enabled to store individual songs or blocks of programming for playback at a time chosen by the subscriber, and

(B) is the total number of subscribers,

subject to a minimum fee of 29¢ per subscriber referred to in variable (C).

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).