Re:Sound Tariff No. 5 “Music to Accompany Live Events” is Now the Law
ARE YOU PREPARED TO PAY THE NEW TARIFF? Business owners and event promoters need to know the application of all THE royalties payable for their use of music so that they can properly budget for them in their business plans.
Following up from my blog post on June 8, 2008 High Prices Proposed for the Use of Music to Accompany Life Events and Dancing I acted on behalf of one of the applicants before the Copyright Board of Canada and in the process gained insights into the formulation of the language of the Re:Sound Tariffs that was of a result of a settlement before the Board.
On May 25, 2012, the Copyright Board of Canada approved another of the Tariffs proposed by Re:Sound (formerly, the Neighbouring Rights Collective of Canada – NRCC) that apply to the performance of sound recordings in addition to the more familiar SOCAN royalties which are collected on behalf of music composers.
Tariff No. 5 “Music to Accompany Live Events” is certain to have an impact on hospitality businesses in Canada.
Tariff No. 5 is broken down into 7 parts addressing the following uses of recorded music and what they payments are based on:
- accompanying live entertainment in cabarets, cafes, clubs, restaurants, roadhouses, taverns and similar establishments (0.9% of compensation paid for the live entertainment);
- receptions, conventions, assemblies and fashion shows (per event based on capacity and whether there is dancing);
- karaoke bars and similar establishments (based on days of operation);
- festivals, exhibitions and fairs ( based on daily attendance);
- circuses, ice shows, fireworks displays, sound and light shows and similar events (based on ticket sales);
- parades (based on time recorded music is played); and
- parks, streets and other public areas (based on the number of days).
Click HERE for the Re:Sound Tariffs
Click HERE for the full text of Tariff No 5 (PDF)
Click HERE for the decision of the Copyright Board with useful tables (PDF)
Click HERE for the Copyright Board’s full list of Tariffs for the public performance of music
Correspondence between Re:Sound and SOCAN Tariffs
SOCAN Comparable Tariff
5.A (Recorded music accompanying live entertainment in cabarets, cafes, clubs, restaurants, roadhouses, taverns and similar establishments)
5.B (Receptions, conventions, assemblies and fashion shows)
5.C (Karaoke bars and similar establishments)
5.D (Festivals, exhibitions and fairs)
5.E (Circuses, ice shows, fireworks displays, sound and light shows and similar events)
5.G (Parks, streets and other public areas)
3.B (Recorded music accompanying live entertainment)
8 (Receptions, conventions, assemblies and fashion shows)
20 (Karaoke bars and similar establishments)
5.A (Exhibitions and fairs)
11.A (Circuses, ice shows, fireworks displays, sound and light shows and similar events)
10.B (Marching bands; Floats with music)
10.A (Strolling musicians and buskers; Recorded music)
Contact my office if you would like to learn more about the use of music in your business and the Re:Sound or SOCAN Tariffs.