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Re:Sound submits a tariff proposal to the Copyright Board by March 31st of the year preceding when the tariff is set to begin.
The tariff application is published in the Canada Gazette, which provides the official notice to all prospective users who might want to object or participate in the proceedings to certify the tariff.
Interventions / Objections
Objectors have 60 days from the date of publication to submit their objection. Prospective users may be allowed to participate in the tariff process beyond 60 days by requesting to intervene.
Preparation For Hearing
It takes approximately one year to prepare for a hearing in front of the Copyright Board. This includes exchanging documents, interrogatories, obtaining expert evidence, filing cases, and more.
Hearings are open to the public, and interested parties and objectors are given an opportunity to file their written responses or present arguments and evidence in favour of, or against a proposed tariff. Re:Sound files economic evidence to support our tariff rate proposals, and alternative proposals are often presented by the Objectors. Rate determinations consider many factors, including the financial realities of the relevant industry. Hearings typically last one to two weeks.
Agreement / Settlement
Whenever possible, Re:Sound works with Objectors to try to agree on mutually-acceptable tariff terms, which are then jointly presented to the Copyright Board for certification. Under this process, a full hearing is typically not required. The Board may have questions for the parties, which are usually answered in writing. This avoids the time and expense of a full hearing, and parties can work collaboratively on a tariff that addresses the needs of both rights holders and the industry it applies to.
After the hearing or in response to a settlement proposal, the Board may have questions for the participants, or there may be legal issues in dispute, which are addressed in this phase.
Adjudicating a tariff can be lengthy, especially for new tariffs looking to cover a new use of music for the first time. It can often take 4-5 years for a rate certification after Re:Sound makes its application. All Re:Sound tariffs must be approved and certified by the Copyright Board regardless of whether they went through the hearing or settlement process. For tariff renewals, the Copyright Act of Canada allows Re:Sound to continue to collect under the existing rates until a new tariff is proposed or certified.
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These licenses allow broadcasters, business owners, etc. to use millions of tracks without needing to obtain clearance on a track-by-track basis, for the specific ways they use music.
Re:Sound issues licenses to all Canadian commercial radio stations (AM and FM radio) and the CBC.
1A: Commercial radio stations
Applies to commercial-free music programming that’s been made available by direct-to-home satellite distribution and major cable distributors across Canada.
Applies to the use of music in businesses such as retail stores, bars and restaurants. This tariff applies to businesses that use music and also to the companies that supply background music.
A: Background Music Suppliers
B: Use of Background Music
Applies to multi-channel subscription satellite radio services (such as SiriusXM Canada).
This tariff can apply to a wide range of establishments, including hotels, bars, restaurants, banquet halls, golf and country clubs, municipalities, festivals, or fairs who use sound recordings to accompany live events. It is subdivided into many categories, including:
A: Live Entertainment
B: Receptions, Conventions, Assemblies, Fashion Shows
D: Festivals, Exhibitions and Fairs
E: Circuses, Ice Shows, Fireworks, and Similar Events
G: Parks, Streets, and Other Public Areas
H: Sporting Events
I: Comedy and Magic Shows
K: Theatrical, Dance, and Other Similar Live Performances
This tariff applies to the use of music for dance and fitness. It can apply to gyms, dance schools, nightclubs and adult entertainment venues.
B: Fitness Classes
C: Adult Entertainment
Covers non-commercial and commercial webcasters. If listeners have no control over the content of the service, it is referred to as non-interactive. Whereas, if the listener has some control, it is referred to as semi-interactive. Tariff 8 doesn’t apply to podcasts or fully interactive services such as on-demand streams or downloads.
*Tariffs 7 and 9 were previously proposed to the Copyright Board of Canada but were not certified.