Tariffs

Re:Sound Tariffs

In accordance with subsection 68(4) of the Copyright Act, the Copyright Board of Canada certifies the tariffs to be paid by users of sound recordings in Canada. Re:Sound files tariffs for various types of users, including radio stations, pay audio services, satellite radio companies, gyms, nightclubs and background music users such as restaurants, retail establishments, and hotels. To assist the Copyright Board in its consideration of tariffs, Re:Sound makes representations before the Copyright Board of Canada. The Copyright Board process includes open public hearings where interested parties have the opportunity to present their arguments and supporting evidence. The Copyright Board’s process takes into account the financial realities of all involved parties, based on the evidence put forward, and provides the parties with opportunities to respond to Re:Sounds’ tariff proposals. As each tariff is certified by the Copyright Board, Re:Sound begins to collect revenues from that user group across Canada. Section 68.2(3)(b) of the Copyright Act grants Re:Sound the authority to continue to collect neighbouring rights royalties in accordance with the rates and conditions of the previous tariff until the new proposed tariff is approved.

Distribution of the revenues to artists and record companies is made through Re:Sound’s five member organisations. As set out in section 19 of the Copyright Act, all monies collected are split equally between artists and record companies.

Current Certified Re:Sound Tariffs

Tariff No. 1.A - Commercial Radio Stations (2008-2011) Supplement to the Canada Gazette
On July 9, 2010, the Copyright Board certified the statement of royalties to be collected by Re:Sound for the public performance or the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and artist's performances of such works by commercial radio stations for the years 2008 to 2011. The Board’s decision renews the same royalty rates that applied under the 2003-2007 Commercial Radio Tariff, with a change in the rate base from advertising revenues to gross income. A copy of the certified tariff can be found here and the decision here.

Tariff No. 1.C - CBC Radio (2003-2005) Supplement to the Canada Gazette
As of January 15, 2005, this tariff sets the royalties to be paid each month by the Canadian Broadcasting Corporation (CBC), pursuant to Section 19 of the Copyright Act, as equitable remuneration for the communication to the public by telecommunication of published sound recordings of musical works by over-the-air radio broadcasting. Download >>

SOCAN-Re:Sound Pay Audio Services Tariff (2007-2009) Supplement to the Canada Gazette
On January 15, 2010, the Copyright Board certified the statement of royalties to be collected by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) for the communication to the public by telecommunication, in Canada, of musical or dramatico-musical works in respect of pay audio services for the years 2007 to 2009, and by Re:Sound for the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and artists' performances of such works in respect of pay audio services for the years 2007 to 2009. Download >>

Tariff No. 3 - Re:Sound Background Music Supply and Background Music Use Tariff (2003-2009) Supplement to the Canada Gazette
As of October 20, 2006, this tariff sets the royalties to be paid to Re:Sound, for the benefit of artists and record companies, for the performance in public or the communication to the public by telecommunication of published sound recordings of musical works for use as background music in an establishment, including any use of music with a telephone on hold. This tariff does not apply to the use of music as live entertainment, at a live event, or to accompany fitness activities, dancing, dance instruction, skating or other similar activity. Download >>

Tariff No. 4 – Satellite Radio Tariff (2007-2010) 
Supplement to the Canada Gazette Erratum (May 16, 2009)
On April 11, 2009 the Copyright Board of Canada published the statement of royalties to be collected from multichannel subscription satellite radio services (such as XM & Sirius), for the benefit of artists and record companies, for the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and artists’ performances of such works. Download >>

Erratum (May 16, 2009)

Tariff No. 6.A – Use Of Recorded Music To Accompany Dance, 2008-2012
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 2008 to 2012, 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, campuses and adult entertainment clubs, for the purposes of dancing or any similar activity. Download >>

Proposed Re:Sound Tariffs

Re:Sound has filed proposed tariffs with the Copyright Board, Canada as follows:

Tariff No. 1.C – Radio of the Canadian Broadcasting Corporation
(2006-2007)
(2008)
(2009)
(2010-2011)
Supplement to the Canada Gazette, Various Dates

Pay Audio Services
(2010-2011)
Supplement to the Canada Gazette, May 6, 2006

Tariff No. 3 – Use and Supply of Background Music
(2010)
Supplement to the Canada Gazette, June 27, 2009

Tariff No. 5 – Live Events
(2008-2012)
Supplement to the Canada Gazette, June 2, 2007

Tariff No. 6 – Dance and Fitness
(2008-2012)
Supplement to the Canada Gazette, June 2, 2007
A copy of Tariff 6 FAQs can be found here.

Tariff No. 7 – Motion Picture Theatres
(2009-2011)
Supplement to the Canada Gazette, May 31, 2008

Tariff No. 8 – Simulcasting and Webcasting
(2009-2012)
Supplement to the Canada Gazette, May 31, 2008

Tariff No. 9 – Commercial Television
(2009-2013)
Supplement to the Canada Gazette, May 31, 2008

More information on the tariffs and decisions is available at the Copyright Board of Canada Website.