Canada Gazette, Part I, Volume 154, Number 31: 

August 1, 2020

SUPPLEMENT Vol. 154, No. 31

Canada Gazette

Part I

OTTAWA, SATURDAY, AUGUST 1, 2020

COPYRIGHT BOARD

Re:Sound Tariff 6.A – Use of Recorded Music to Accompany Dance (2013-2018)

Citation: 2020 CB 004-T
See also: Re:Sound Tariff 6.A (2013-2018), 2020 CB 004

Published pursuant to section 70.1 of the Copyright Act

Lara Taylor
Secretary General
613‑952‑8621 (telephone)
registry-greffe@cb-cda.gc.ca (email)

RE:SOUND TARIFF 6.A – USE OF RECORDED MUSIC TO ACCOMPANY DANCE (2013-2018)

Short Title

1. This tariff may be cited as the Re:Sound Dance Tariff, 2013-2018.

Application

2. (1) This tariff sets the royalties to be paid for the performance in public or the communication to the public by telecommunication, in Canada, for the years 2013 to 2018, of published sound recordings embodying musical works and performers’ performances of such works in the repertoire of Re:Sound, in any indoor or outdoor venue, including nightclubs, dance clubs, bars, restaurants, hotels, halls, clubs, schools, and campuses, for the purposes of dancing or any similar activity.

(2) This tariff does not apply to any venue operated by a not-for-profit religious institution or not-for-profit educational institution, if the dancing is primarily made available to participants under the age of 19.

(3) This tariff does not apply to dancing that is subject to Re:Sound Tariff 6.C (Use of Recorded Music to Accompany Adult Entertainment) or to an event subject to Re:Sound Tariffs 5.A-K (Use of Music to Accompany Live Events), or to dance instruction subject to Re:Sound Tariff 6.B (Use of Recorded Music to Accompany Fitness Activities).

Royalties

3. (1) A venue accommodating no more than 100 patrons shall pay an annual royalty as follows:

(a) Royalties payable for 2013-2014:

Months of operation

Days of operation

1–3 days

4–7 days

Six months or less

$151.19

$302.38

More than six months

$302.38

$604.76

(b) Royalties payable for 2015-2016:

Months of operation

Days of operation

1–3 days

4–7 days

Six months or less

$157.33

$314.66

More than six months

$314.66

$629.31

(c) Royalties payable for 2017-2018:

Months of operation

Days of operation

1–3 days

4–7 days

Six months or less

$160.89

$321.77

More than six months

$321.77

$643.53

(2) A venue accommodating more than 100 patrons shall pay 10 per cent more than the fees set out in subsection (1) for each capacity increase of up to 20 patrons.

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

4. For the purposes of this tariff, the number of patrons that a venue can accommodate is

  • (a) the number of persons that can be present at any time under the venue’s liquor licence;
  • (b) where the venue is not licensed to serve liquor, the number of persons that can be present at any time under any other document issued by a competent authority for this type of venue; or
  • (c) otherwise, the total number of persons in attendance.

Reporting Requirements

5. No later than January 31, the operator of the venue shall pay the royalty for that year and shall provide, for that same year:

  • (a) the name and address of the venue;
  • (b) the name and contact information of the person operating the venue;
  • (c) the number of patrons that the venue can accommodate, with supporting documentation; and
  • (d) the days and months of operation, as used to calculate the royalties.

Records and Audits

6. (1) A person subject to this tariff shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which the information set out in section 5 can be readily ascertained.

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

(3) Re:Sound shall, upon receipt, supply a copy of the report of the audit to the person who was the subject of the audit.

(4) If an audit discloses that royalties owed to Re:Sound during any period have been understated by more than 10 per cent, the subject of the audit shall pay the reasonable costs of the audit to Re:Sound within 30 days of the demand for such payment. The amount of any understatement shall be paid within 30 days of the demand for such payment.

Confidentiality

7. (1) Subject to subsections (2) and (4), information received pursuant to this tariff shall be treated in confidence, unless the person who supplied the information consents in writing to the information being treated otherwise.

(2) Information received pursuant to this tariff may be shared

  • (a) with Re:Sound’s agents and service providers to the extent required by the service providers for the service they are contracted to provide;
  • (b) in connection with the collection of royalties or the enforcement of a tariff, with SOCAN;
  • (c) with the Copyright Board;
  • (d) in connection with proceedings before the Copyright Board, if it is protected by a confidentiality order;
  • (e) to the extent required to effect the distribution of royalties; or
  • (f) if required by law.

(3) Where confidential information is shared with a service provider pursuant to paragraph (2)(a), that service provider shall sign a confidentiality agreement.

(4) Subsection (1) does not apply to information that is publicly available, to aggregated information, or to information obtained from someone other than the person who supplied the information and who is not under an apparent duty of confidentiality to that person with respect to the supplied information.

Adjustments

8. 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

9. 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.

10. (1) Anything addressed to Re:Sound shall be sent to 1235 Bay Street, Suite 900, Toronto, Ontario M5R 3K4, email: licensing@resound.ca, fax number: 416‑962‑7797, or to any other address, email address or fax number of which the sender has been notified in writing.

(2) Anything addressed to a person subject to this tariff shall be sent to the last address, email address or fax number of which Re:Sound has been notified in writing.

Delivery of Notices and Payments

11. (1) A notice may be delivered by hand, by postage-paid mail, by email, by fax or by file transfer protocol (FTP). A payment may be made by credit card or delivered by hand, by postage-paid mail, or by electronic bank transfer (EBT). Where a payment is delivered by EBT, the associated reporting required under section 5 shall be provided concurrently to Re:Sound by email.

(2) Anything mailed in Canada shall be presumed to have been received four business days after the day it was mailed.

(3) Anything sent by fax, by email, by FTP or by EBT shall be presumed to have been received the day it was transmitted.

Transitional Provisions

12. Any amount that would otherwise be payable pursuant to this tariff before August 1, 2020, shall be due on November 1, 2020, and shall be increased by using the multiplying interest factor (based on the Bank Rate) set out in the following table with respect to each period. Information pertaining to that same period shall be filed with the payment and shall be supplied only if it is available.

Year

Due Date

Interest Factor

2013

January 31, 2013

1.09147

2014

January 31, 2014

1.07897

2015

January 31, 2015

1.06655

2016

January 31, 2016

1.05792

2017

January 31, 2017

1.05042

2018

January 31, 2018

1.04042