Canada Gazette, Part I, Volume 155, Number 22: Supplement
May 29, 2021
2021-05-29

Canada Gazette, Part I, Volume 155, Number 22: Supplement

May 29, 2021

SUPPLEMENT Vol. 155, No. 22

Canada Gazette

Part I

OTTAWA, Saturday, May 29, 2021

COPYRIGHT BOARD

Re:Sound and SOCAN Stingray Pay Audio and Ancillary Services Tariff (2007–2016)

Citation: 2021 CB 5-T
See also: Pay Audio Tariff (2007–2016), 2021 CB 5

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 AND SOCAN — STINGRAY PAY AUDIO AND ANCILLARY SERVICES TARIFF (2007–2016)

Definitions

1. In this Tariff,

“affiliation payments”
means the total payments made by a distribution undertaking to Stingray for any services intended for private or domestic use during a payment period; (« paiements d’affiliation »)
“distribution undertaking”
means a distribution undertaking as defined in the Broadcasting Act, S.C. 1991, c. 11; (« entreprise de distribution »)
“pay audio affiliation multiplier”
is the fraction determined in accordance with subsection 5(2); (« multiplicateur de l’affiliation à l’égard du service sonore payant »)
“pay audio affiliation payment”
is the amount determined in accordance with subsection 5(3); (« paiement d’affiliation pour le service sonore payant »)
“pay audio service”
means the national pay audio service operated by Stingray licensed in Broadcasting Decision CRTC 2008-368 and Broadcasting Decision CRTC 2015-377; (« service sonore payant »)
“payment period”
means either a calendar month or a calendar year, as the case in subsection4(1) may be; (« période de paiement »)
“premises”
has the same meaning as premises as defined in Definition of “Small Cable Transmission System” Regulations, SOR/94-755, being
  • (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 »)
“semi-interactive webcast service”
means a webcast service with programming provided by Stingray whose content is similar to that of the pay audio service and is provided to a consumer by virtue of their subscription with a distribution undertaking, and the consumer exercises some level of control over the content of the files, or timing of the transmission of the files, or both; (« service de webdiffusion semi-interactive »)
“signal”
means a television or audio 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 »)
“simulcast service”
means a service that provides simultaneous, or nearly simultaneous, transmission of pay audio programming and is only available to customers by virtue of their subscription to a distribution undertaking; (« service de transmission simultanée »)
“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, where “premises” and “service area” have the same meaning as in Definition of “Small Cable Transmission System” Regulations, SOR/94-755 and the system meets all other criteria of those regulations; (« petit système de transmission par fil »)
“Stingray”
means Stingray Digital Group; (« Stingray »)
“Tariff publication date”
means, the date on which this Tariff was published, being May 29, 2021 (« date de publication du tarif »).

Subject-Matter Covered

2. This Tariff applies to

  • (a) musical and dramatico-musical works that are in SOCAN’s repertoire;
  • (b) published sound recordings embodying musical works that are in Re:Sound’s repertoire; and
  • (c) performers’ performances embodied in such sound recordings that are in Re:Sound’s repertoire.

Activities Covered

3. (1) This Tariff sets the royalties and permits a person to communicate works to the public by telecommunication in connection with Stingray’s

  • (a) pay audio service, for the years 2010–2016;
  • (b) simulcast service, for the years 2007–2016; and
  • (c) semi-interactive webcast service, for the years 2007–2016.

(2) This tariff sets the royalties payable for the communication of published sound recordings to the public by telecommunication in connection with Stingray’s

  • (a) pay audio service, for the years 2010–2016;
  • (b) simulcast service, for the years 2009–2016; and
  • (c) semi-interactive webcast service, for the years 2013–2016.

(3) For greater certainty, this Tariff does not set royalties and does not permit a person to communicate works or published sound recordings by telecommunication in connection with

  • (a) a semi-interactive webcasting service that is distributed otherwise than by a distribution undertaking;
  • (b) a semi-interactive webcasting service whose content is not similar to that of the pay audio service; nor
  • (c) any service not listed in subsections 3(1) and 3(2), even if that service is sold together with one or more of the listed services.
  • (d) any service provided to commercial subscribers, including a background music supply service.

Royalty Payment Periods and Payment Dates

4. (1) The payment period for activities covered by this Tariff is

  • (a) a calendar year, where the distribution undertaking is a small cable transmission system; or
  • (b) a calendar month, otherwise.

(2) Royalties are due on the last day of the month following the end of the payment period for which they are being paid.

Pay Audio Affiliation Payment

Services provided

5. (1) For the purposes of this section, Stingray provided a distribution undertaking

  • (a) the Music service, if it provided the distribution undertaking with the service marketed as “Stingray Music,” “Galaxie Music,” or marketed under another name for the equivalent service;
  • (b) the Mobile service, if it provided the distribution undertaking with the semi-interactive webcasting service marketed as “Stingray Mobile” or marketed under another name for the equivalent service;
  • (c) the Ambiance service, if it provided the distribution undertaking with the service marketed as “Stingray Ambiance” or marketed under another name for the equivalent service;
  • (d) the Music Videos service, if it provided the distribution undertaking with the service marketed as “Stingray Music Videos” or marketed under another name for the equivalent service;
  • (e) the Concert TV service, if it provided the distribution undertaking with the service marketed as “Stingray Concert TV,” or marketed under another name for the equivalent service;
  • (f) the Karaoke service, if it provided the distribution undertaking with the service marketed as the “Karaoke Channel,” or marketed under another name for the equivalent service; and
  • (g) the Ubiquicast server, if it provided the distribution undertaking with the service marketed as “Ubiquicast” in relation to the Music service, the Ambiance service, or both.

Pay audio affiliation multiplier

(2) The pay audio affiliation multiplier for a payment period in which Stingray provided a distribution undertaking

  • (a) the Music service, the Ambiance service, and a Ubiquicast server, is 50 divided by the sum of the points in Table 1 for all services with which Stingray provided the distribution undertaking during the majority of the payment period;
Table 1: Category points — Pay Audio, Ambiance, and Ubiquicast provided
Category Music Mobile Ambiance Music Videos Concert TV Karaoke
Points 50 10 25 5 5 5
  • (b) the Music service and a Ubiquicast server, but not the Ambiance service, is 55 divided by the sum of the points in Table 2 for all services with which Stingray provided the distribution undertaking during the majority of the payment period; or
Table 2: Category points — Pay Audio and Ubiquicast provided, without Ambiance
Category Music Mobile Music Videos Concert TV Karaoke
Points 55 10 5 5 5
  • (c) the Music service, but not a Ubiquicast server — whether or not Stingray provided the distribution undertaking with the Ambiance service — is 40 divided by the sum of the points in Table 3 for all services with which Stingray provided the distribution undertaking during the majority of the payment period.
Table 3: Category points — Ubiquicast not provided
Category Music Mobile Ambiance Music Videos Concert TV Karaoke
Points 40 10 20 5 5 5

Pay audio affiliation payment

(3) The pay audio affiliation payment for a payment period is, in respect of a distribution undertaking

  • (a) that is not a small cable transmission system, the affiliation payments made by that distribution undertaking to Stingray for that period, multiplied by the pay audio affiliation multiplier; or
  • (b) that is a small cable transmission system, 50% of the affiliation payments made by that distribution undertaking to Stingray for that period, multiplied by the pay audio affiliation multiplier.

SOCAN Royalties

SOCAN — simulcasts (2007–2009)

6. (1) For the activities identified in paragraph 3(1)(b) carried out in a payment period during the years 2007 to 2009, the royalties payable to SOCAN are $0.

SOCAN — pay audio and simulcasts (2010–2016)

(2) For the activities identified in paragraphs 3(1)(a) and 3(1)(b) carried out in a payment period during the years 2010 to 2016, the royalties payable to SOCAN, in respect of a distribution undertaking, is the pay audio affiliation payment made by that distribution undertaking for that payment period multiplied by the rate in Table 4 for that period.

Table 4: SOCAN royalty rates for pay audio and simulcasts for 2010–2016
Year 2010 2011 2012 2013 2014 2015 2016
Rate 12.45% 12.04% 11.63% 11.21% 10.79% 10.38% 9.96%

SOCAN — semi-interactive webcasts (2007–2016)

(3) For the activities identified in paragraph 3(1)(c) carried out in a payment period during the years 2007 to 2016, the royalties payable to SOCAN, in respect of a distribution undertaking, are 5.3% of its affiliation payments that are attributable to those activities.

(4) For greater certainty, no portion of the pay audio affiliation payment for the same period shall be attributed to the activities in paragraph 3(1)(c).

Re:Sound Royalties

Re:Sound — simulcasts (2009)

7. (1) For the activities identified in paragraph 3(2)(b) carried out in a payment period during the year 2009, the royalties payable to Re:Sound are $0.

Re:Sound — pay audio and simulcasts (2010–2016)

(2) For the activities identified in paragraphs 3(2)(a) and 3(2)(b) carried out in a payment period during the years 2010 to 2016, the royalties payable to Re:Sound, in respect of a distribution undertaking, is the pay audio affiliation payment made by that distribution undertaking for that payment period multiplied by the rate in Table 5 for that period.

Table 5: Re:Sound royalty rates for pay audio and simulcasts for 2010–2016
Year 2010 2011 2012 2013 2014 2015 2016
Rate 5.85% 5.66% 5.46% 5.27% 5.85% 6.88% 6.60%

Re:Sound — semi-interactive webcasts (2013–2016)

(3) For the activities identified in paragraph 3(2)(c) carried out in a payment period during the years 2013 to 2016, the royalties payable to Re:Sound, in respect of a distribution undertaking, are its affiliation payments attributable to those activities multiplied by the rate in Table 6 for that period.

Table 6: Re:Sound royalty rates for semi-interactive webcasts for 2013–2016
Year 2013 2014 2015 2016
Rate 2.49% 2.87% 3.51% 3.51%

(4) For greater certainty, no portion of the pay audio affiliation payment for the same period shall be attributed to the activities in paragraph 3(2)(c).

Taxes

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

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. Any overpayment resulting from an error or omission on the part of SOCAN or Re:Sound shall bear interest from the date of the overpayment until the overpayment is refunded.

Reporting

10. (1) A payment under this Tariff for a payment period occurring in 2010 or later shall, in respect of each distribution undertaking for which the payment is made, be accompanied by the following information, that shall be provided to Re:Sound and SOCAN:

  • (a) the list of pay audio signals received from Stingray by the distribution undertaking for transmission for private or domestic use during that period;
  • (b) the amount of the affiliation payments by the distribution undertaking for that period, as well as
    • (i) the amount of its pay audio affiliation payment for that period, as well as any information necessary to calculate that amount under this Tariff, including the services provided by Stingray to the distribution undertaking for the majority of that period and the computed pay audio affiliation multiplier, and
    • (ii) if making a payment for activities identified in paragraphs 3(1)(c) and 3(2)(c), the amount of the affiliation payments that are attributable to those activities;
  • (c) the number of premises served in the system by the distribution undertaking on the last day of the period; and
  • (d) the sequential list in electronic Excel format — or any other format agreed upon by SOCAN, Re:Sound, and the person providing the information — of all recordings played on each pay audio signal during the period, where each list entry shall include, where available,
    • (i) the date and time of the broadcast,
    • (ii) the title of the musical work,
    • (iii) the name of the author or composer of the work,
    • (iv) the name of the sound recording,
    • (v) any alternative title used to designate the sound recording,
    • (vi) the International Standard Recording Code (ISRC) of the sound recording,
    • (vii) the name of the performers or of the performing group,
    • (viii) the title of the record album,
    • (ix) the track number on the album,
    • (x) the catalogue number of the album,
    • (xi) the Universal Product Code (UPC) of the album,
    • (xii) the record label,
    • (xiii) the duration of the sound recording broadcast, in minutes and seconds,
    • (xiv) the duration of the sound recording as listed on the album, in minutes and seconds, and
    • (xv) whether a track is a published sound recording.

(2) On January 31 after each calendar year of 2010 to 2016, each distribution undertaking that made a payment for a payment period in that year shall also provide to both SOCAN and Re:Sound,

  • (a) 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 service area; and
  • (b) 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.

Payment by Stingray

(3) A payment made by Stingray for a payment period shall also include a list of distribution undertakings to which it provided the pay audio service in that period.

Reporting by Stingray

(4) For greater certainty, Stingray may provide to SOCAN and Re:Sound any or all information identified in subsection (1) instead of any or all distribution undertakings, whether or not it makes a payment under this Tariff.

Records and Audits

Playlist information

11. (1) Any person that provides information under paragraph 10(1)(d) shall keep and preserve, for a period of 6 months after the end of the month to which they relate, records from which that information can be readily ascertained.

Royalty-related information

(2) Any person that provides information under paragraphs 10(1)(a) to 10(1)(c), subsection 10(2), or subsection 10(3), shall keep and preserve, for a period of 6 years after the end of the year to which they relate, records from which that information can be readily ascertained.

Audits

(3) SOCAN or Re:Sound 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) The collective society that performs an audit under subsection (3) shall, upon receipt, supply a copy of the report of the audit to Stingray or the distribution undertaking that was the object of the audit and to the other collective society.

(5) If an audit discloses that amounts due to the collective society have been understated in any month by more than 10 per cent, Stingray or the undertaking that was the object of the audit shall pay the amount of the understatement and the reasonable costs of the audit within 30 days of the demand for such payment.

Confidentiality

12. (1) Subject to subsections (2) to (4), a collective society shall treat in confidence information received pursuant to this Tariff, unless the undertaking that supplied the information consents in writing to the information being treated otherwise.

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

  • (a) with a collective society’s agents and service providers to the extent required by the service providers for the service they are contracted to provide;
  • (b) with the other collective society;
  • (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 undertaking who is not under an apparent duty of confidentiality to that undertaking with respect to the supplied information.

Adjustments

13. 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 payment is due.

Addresses for Notices, etc.

14. (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 SOCAN shall be sent to 41 Valleybrook Drive, Toronto, Ontario M3B 2S6, email: licence@socan.com, fax number 416‑445‑7108, or to any other address, email address or fax number of which the sender has been notified in writing.

(3) 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 and SOCAN have been notified in writing.

Delivery of Notices and Payments

15. (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 and SOCAN 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

Calculating pay audio affiliation multiplier where no records

16. (1) Despite section 5, where a person makes a payment in respect of a distribution undertaking for a payment period that ended prior to the Tariff publication date and does not have records necessary to determine which categories of services that distribution undertaking received from Stingray in that payment period, the pay audio affiliation multiplier for that payment period shall be determined as if the distribution undertaking received the same category of services as in the next payment period for which such records are available, but the distribution undertaking shall be deemed not have received a service in the original payment period if that payment period ended prior to the year listed in Table 7 for that service.

Table 7: Deemed First Year of Service
Service Music Mobile Ambiance Music Videos Concert TV Karaoke Ubiquicast
Year 2010 2014 2014 2010 2013 2010 2010

When royalties and reporting due

(2) Despite sections 4 and 10, any royalties or reporting in respect of a payment period that ended prior to the Tariff publication date shall be due 90 days after the Tariff publication date.

Records

(3) Despite subsections 11(1) and 11(2), any person that provides information in respect of a payment period that ended prior to the Tariff publication date shall keep and preserve records from which that information can be readily ascertained until the date that is the later of the last day of the period established for that information in subsections 11(1) or 11(2), and

  • (a) 6 months after the Tariff publication date, for information listed in paragraph 11(1)(d); or
  • (b) 24 months after the Tariff publication date, for all other information.

(4) Despite 11(3), SOCAN or Re:Sound may audit these records at any time prior to 2 years after the Tariff publication date.

Interest on royalties

(5) Amounts owed to SOCAN or Re:Sound — or by SOCAN or Re:Sound — in respect of a payment period that ended prior to the Tariff publication date shall be increased by using the multiplying interest factor (based on the Bank of Canada Bank Rate) set out

  • (a) where the payment period was a calendar year, in Table 8; or
  • (b) where the payment period was a calendar month, in Table 9.
Table 8: Annual Interest Factors
Payment Period Original Due Date Interest Factor
2007 31-Jan-08 1.2130
2008 31-Jan-09 1.1671
2009 31-Jan-10 1.1366
2010 31-Jan-11 1.1306
2011 31-Jan-12 1.1216
2012 31-Jan-13 1.1091
2013 31-Jan-14 1.0966
2014 31-Jan-15 1.0841
2015 31-Jan-16 1.0717
2016 31-Jan-17 1.0631
Table 9: Monthly Interest Factors
Payment Period Original Due Date Interest Factor
Jan-07 28-Feb-07 1.2130
Feb-07 31-Mar-07 1.2093
Mar-07 30-Apr-07 1.2055
Apr-07 31-May-07 1.2018
May-07 30-Jun-07 1.1980
Jun-07 31-Jul-07 1.1943
Jul-07 31-Aug-07 1.1904
Aug-07 30-Sep-07 1.1864
Sep-07 31-Oct-07 1.1825
Oct-07 30-Nov-07 1.1785
Nov-07 31-Dec-07 1.1745
Dec-07 31-Jan-08 1.1708
Jan-08 29-Feb-08 1.1671
Feb-08 31-Mar-08 1.1636
Mar-08 30-Apr-08 1.1604
Apr-08 31-May-08 1.1574
May-08 30-Jun-08 1.1547
Jun-08 31-Jul-08 1.1520
Jul-08 31-Aug-08 1.1493
Aug-08 30-Sep-08 1.1466
Sep-08 31-Oct-08 1.1439
Oct-08 30-Nov-08 1.1416
Nov-08 31-Dec-08 1.1395
Dec-08 31-Jan-09 1.1379
Jan-09 28-Feb-09 1.1366
Feb-09 31-Mar-09 1.1356
Mar-09 30-Apr-09 1.1349
Apr-09 31-May-09 1.1344
May-09 30-Jun-09 1.1339
Jun-09 31-Jul-09 1.1335
Jul-09 31-Aug-09 1.1331
Aug-09 30-Sep-09 1.1327
Sep-09 31-Oct-09 1.1323
Oct-09 30-Nov-09 1.1319
Nov-09 31-Dec-09 1.1314
Dec-09 31-Jan-10 1.1310
Jan-10 28-Feb-10 1.1306
Feb-10 31-Mar-10 1.1302
Mar-10 30-Apr-10 1.1298
Apr-10 31-May-10 1.1294
May-10 30-Jun-10 1.1289
Jun-10 31-Jul-10 1.1283
Jul-10 31-Aug-10 1.1276
Aug-10 30-Sep-10 1.1268
Sep-10 31-Oct-10 1.1258
Oct-10 30-Nov-10 1.1247
Nov-10 31-Dec-10 1.1237
Dec-10 31-Jan-11 1.1227
Jan-11 28-Feb-11 1.1216
Feb-11 31-Mar-11 1.1206
Mar-11 30-Apr-11 1.1195
Apr-11 31-May-11 1.1185
May-11 30-Jun-11 1.1174
Jun-11 31-Jul-11 1.1164
Jul-11 31-Aug-11 1.1154
Aug-11 30-Sep-11 1.1143
Sep-11 31-Oct-11 1.1133
Oct-11 30-Nov-11 1.1122
Nov-11 31-Dec-11 1.1112
Dec-11 31-Jan-12 1.1102
Jan-12 29-Feb-12 1.1091
Feb-12 31-Mar-12 1.1081
Mar-12 30-Apr-12 1.1070
Apr-12 31-May-12 1.1060
May-12 30-Jun-12 1.1049
Jun-12 31-Jul-12 1.1039
Jul-12 31-Aug-12 1.1029
Aug-12 30-Sep-12 1.1018
Sep-12 31-Oct-12 1.1008
Oct-12 30-Nov-12 1.0997
Nov-12 31-Dec-12 1.0987
Dec-12 31-Jan-13 1.0977
Jan-13 28-Feb-13 1.0966
Feb-13 31-Mar-13 1.0956
Mar-13 30-Apr-13 1.0945
Apr-13 31-May-13 1.0935
May-13 30-Jun-13 1.0924
Jun-13 31-Jul-13 1.0914
Jul-13 31-Aug-13 1.0904
Aug-13 30-Sep-13 1.0893
Sep-13 31-Oct-13 1.0883
Oct-13 30-Nov-13 1.0872
Nov-13 31-Dec-13 1.0862
Dec-13 31-Jan-14 1.0852
Jan-14 28-Feb-14 1.0841
Feb-14 31-Mar-14 1.0831
Mar-14 30-Apr-14 1.0820
Apr-14 31-May-14 1.0810
May-14 30-Jun-14 1.0799
Jun-14 31-Jul-14 1.0789
Jul-14 31-Aug-14 1.0779
Aug-14 30-Sep-14 1.0768
Sep-14 31-Oct-14 1.0758
Oct-14 30-Nov-14 1.0747
Nov-14 31-Dec-14 1.0737
Dec-14 31-Jan-15 1.0727
Jan-15 28-Feb-15 1.0717
Feb-15 31-Mar-15 1.0709
Mar-15 30-Apr-15 1.0700
Apr-15 31-May-15 1.0692
May-15 30-Jun-15 1.0684
Jun-15 31-Jul-15 1.0675
Jul-15 31-Aug-15 1.0668
Aug-15 30-Sep-15 1.0662
Sep-15 31-Oct-15 1.0656
Oct-15 30-Nov-15 1.0649
Nov-15 31-Dec-15 1.0643
Dec-15 31-Jan-16 1.0637
Jan-16 29-Feb-16 1.0631
Feb-16 31-Mar-16 1.0624
Mar-16 30-Apr-16 1.0618
Apr-16 31-May-16 1.0612
May-16 30-Jun-16 1.0606
Jun-16 31-Jul-16 1.0599
Jul-16 31-Aug-16 1.0593
Aug-16 30-Sep-16 1.0587
Sep-16 31-Oct-16 1.0581
Oct-16 30-Nov-16 1.0574
Nov-16 31-Dec-16 1.0568
Dec-16 31-Jan-17 1.0562

(6) For greater certainty, no interest payments are due on taxes payable to SOCAN or Re:Sound.