SOCAN & Licensing of Music

Copyright Board Website:  http://canadagazette.gc.ca/index-e.html

What's New at the Copyright Board: http://www.cb-cda.gc.ca/new-e.html

Upcoming Public Hearings
Recent Decisions   - Public Performance of Musical Works- Various SOCAN Tariffs for the years 1998 to 2007
     (Multiple licensing of premises, inflationary adjustments and minimum fees), March 19, 2004
New Proposed Tariffs for 2005-2008   http://www.cb-cda.gc.ca/tariffs/proposed/mv01052004-b.pdf

SOCAN

SOCAN Website Home Page  http://www.socan.ca/jsp/en/about/index.jsp

SOCAN's currently applicable Tariffs
    Click on 'Resource & Education' and then down to 'SOCAN Tariffs' to see SOCAN's list of Current Tariffs
     http://www.socan.ca/jsp/en/resources/tariffs.jsp

SOCAN - Do You Need a Licence
    Follow the links to 'Music Users' and then down to 'Do You Need A Licence'
   http://www.socan.ca/jsp/en/music_users/do_you_need_licence.jsp

On March 19, 2004 the Copyright Board advised interested parties:

The Board has certified the following SOCAN tariffs for the following years:

o Tariff 12.B (1998-2003)
o Tariffs 18, 20 (1998-2004)
o Tariff 2.C (1998-2007)
o Tariffs 3.A, 3.B, 5.A, 7, 8, 10, 13.A, 15.A (1999-2004)
o Tariff 1.A (2000-2002)
o Tariffs 1.B, 2.B, 3.C, 11, 12.A, 13.B, 13.C, 14, 15.B, 21 (2000-2004)
o Tariff 4.B.2 (2003-2007)
o Tariff 6 (2004)

The reasons for the decision will follow shortly.

Many certified tariffs include an inflationary adjustment. The adjustment is equal to the annual average change in the CPI minus one per cent. The adjustment for 2002 is based on 2000 data, that for 2003 reflects the 2001 CPI, and so on. Furthermore, when an adjustment is requested after several years, the adjustment takes into account changes in the CPI for all these years.

Signed
Claude Majeau
Secretary General

Supplement of the Canada Gazette, Part I
March 20, 2004
Tariff No. 8
RECEPTIONS, CONVENTIONS, ASSEMBLIES AND FASHION SHOWS (1999 to 2004)

For the years 1999 to 2001
For a licence to perform, at any time and as often as desired in 1999, 2000 and 2001, any or all of the works in SOCAN’s repertoire, at receptions, conventions, assemblies and fashion shows, where the performances have not been contracted for by a licensee of SOCAN, the operator of the premises shall pay for each event at receptions, conventions or assemblies or for each day on which a fashion show is held, as follows:
Without Dancing.............................................................. $28.75
With Dancing................................................................... $57.55

No later than 30 days after the end of each quarter, the operator of the premises shall file with SOCAN a report for that quarter of the actual number of events with and without dancing and of the number of days on which a fashion show is held, together with payment of the licence fee.

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.

For the years 2002 to 2004
For a licence to perform, at any time and as often as desired in 2002, 2003 and 2004, any or all of the works in SOCAN’s repertoire, at receptions, conventions, assemblies and fashion shows, where the performances have not been contracted for by a licensee of SOCAN, the operator of the premises shall pay for each event at receptions, conventions or assemblies or for each day on which a fashion show is held, as follows:

No later than 30 days after the end of each quarter, the operator of the premises shall file with SOCAN a report for that quarter of the actual number of events with and without dancing and of the number of days on which a fashion show is held. The report shall also include the room capacity (seating and standing) authorized under the establishment’s liquor licence or any other document issued by a competent authority for this type of establishment, and payment of the licence fees.

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.

The Tariff #8 for proposed for 2005 is the same as approved for 2004.

Tariff No. 21
RECREATIONAL FACILITIES OPERATED BY A MUNICIPALITY, SCHOOL, COLLEGE, UNIVERSITY, AGRICULTURAL SOCIETY OR SIMILAR COMMUNITY ORGANIZATIONS (2002 to 2004)

For the year 2002
For a licence to perform, at any time and as often as desired in 2002, any or all of the works in SOCAN’s repertoire, in a recreational facility operated by a municipality, school, college, university, agricultural society or similar community organizations, during recreational activities that would otherwise be subject to Tariff 5.A (Exhibitions and Fairs), Tariff 7 (Skating Rinks), Tariff 8 (Receptions, Conventions, Assemblies and Fashion Shows), Tariff 9 (Sports Events, including minor hockey, figure skating, roller skating, ice skating, youth figure skating carnivals and amateur rodeos), Tariff 11.A (Circuses, Ice Shows, etc.) or Tariff 19 (Fitness Activities), the annual fee is $180 for each facility, if the gross revenues generated from admission to these events during the year do not exceed $15,000.

Payment of this fee shall be made on or before January 31, 2002. On or before January 31, 2003, a report shall be submitted to SOCAN confirming that the gross revenues generated from the events covered by this tariff do not exceed $15,000.

A facility paying under this tariff is not required to pay under Tariff Nos. 5.A, 7, 8, 9, 11.A or 19, for the events covered in this tariff.

This tariff does not cover the use of music expressly covered in tariffs other than Tariffs Nos. 5.A, 7, 8, 9, 11.A or 19.

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.

For the years 2003 and 2004
For a licence to perform, at any time and as often as desired in 2003 and 2004, any or all of the works in SOCAN’s repertoire, in a recreational facility operated by a municipality, school, college, university, agricultural society or similar community organizations, during recreational activities that would otherwise be subject to Tariff 5.A (Exhibitions and Fairs), Tariff 7 (Skating Rinks), Tariff 8 (Receptions, Conventions, Assemblies and Fashion Shows), Tariff 9 (Sports Events, including minor hockey, figure skating, roller skating, ice skating, youth figure skating carnivals and amateur rodeos), Tariff 11.A (Circuses, Ice Shows, etc.) or Tariff 19 (Fitness Activities), the annual fee is $180 in 2003 and $185.07 in 2004 for each facility, if the licensee’s gross revenue from these events during the year does not exceed $15,000 in 2003 and $15,422.88 in 2004.

Payment of this fee shall be made on or before January 31 of the year covered by the licence. On or before January 31 of the following year, a report shall be submitted to SOCAN confirming that the licensee’s gross revenue from the events covered by this tariff during the year does not exceed $15,000 in 2003 and $15,422.88 in 2004.

A facility paying under this tariff is not required to pay under Tariff Nos. 5.A, 7, 8, 9, 11.A or 19, for the events covered in this tariff.

This tariff does not cover the use of music expressly covered in tariffs other than Tariffs Nos. 5.A, 7, 8, 9, 11.A or 19.

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.

Currently Applicable Tariff No. 19
FITNESS ACTIVITIES; DANCE INSTRUCTION

For a licence to perform, at any time and as often as desired in 1998, any or all of the works in SOCAN's repertoire, in conjunction with physical exercises (for example, dancercize, aerobics, body building and similar activities) and dance instruction, the annual fee for each room where the performances take place is the average number of participants per week per room used during the year multiplied by $2.14, with a minimum annual fee of $64.

Payment of this fee shall be made on or before January 31, 1998, accompanied by a report of the estimated average number of participants per week per room used during 1998.

On or before January 31, 1999, a report signed by an authorized representative, shall be submitted to SOCAN indicating the actual average number of participants per week per room used during 1999. Any additional fees due on the basis of the report shall be paid to SOCAN. If the fee due is less than the amount paid in advance, the licensee shall be credited with the amount of such 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.

NOTE Re Tariff #19 Application:
Licences expire at the end of each calendar year. 
We understand that provisional renewal invoices are mailed to callers and leaders in December, and are payable before January 31

The following are the Tariff proposed for 2003 by the SOCAN & published by the Copyright Board in the Canada Gazette May 11, 2002
Proposed Tariff 19 - Not Yet Certified for 2004 The Proposed Triff for 2005 is the same as proposed for 2004.
FITNESS ACTIVITIES; DANCE INSTRUCTION
For a licence to perform, at any time and as often as desired in 2004, any or all of the works in SOCAN's repertoire, in conjunction with physical exercises (for example, dancercize, aerobics, body building and similar activities) and dance instruction, the annual fee for each room where the performances take place is the average number of participants per week per room used during the year multiplied by $2.42, with a minimum annual fee of $72.56.

Payment of this fee shall be made on or before January 31, 2004, accompanied by a report of the estimated average number of participants per week per room used during 2004.

On or before January 31, 2005, a report signed by an authorized representative shall be submitted to SOCAN indicating the actual average number of participants per week per room used during 2004. Any additional fees due on the basis of the report shall be paid to SOCAN. If the fee due is less than the amount paid in advance, the licensee shall be credited with the amount of such 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.