Media

TABLE OF CONTENTS

— Canadian Musical Reproduction Rights Agency 4

— Neighbouring Rights Collective of Canada 5

— Société de gestion des droits des artistes-musiciens 9

— Société du droit de reproduction des auteurs, compositeurs et éditeurs au Canada 10

— Society of Composers, Authors and Music Publishers of Canada 12

COPYRIGHT BOARD

FILE: Private Copying 1999-2000

Statements of Proposed Levies to Be Collected for the Sale, in Canada, of Blank Audio Recording Media

In accordance with subsection 83(6) of the Copyright Act, the Copyright Board publishes the statements filed by the following collective societies on March 31, 1998, with respect to the levies they propose to collect, effective on January 1, 1999, for the sale, in Canada, of blank audio recording media:
— Canadian Musical Reproduction Rights Agency (CMRRA)
— Neighbouring Rights Collective of Canada (NRCC)
— Société de gestion des droits des artistes-musiciens
(SOGEDAM)
— Société du droit de reproduction des auteurs, compositeurs et éditeurs au Canada (SODRAC)
— Society of Composers, Authors and Music Publishers of Canada (SOCAN)

And in accordance with the provisions of the same subsection, the Board hereby gives notice that any person who wish to object to the statements may file written objections with the Board, at the address indicated below, within 60 days of the publication hereof, that is no later than August 12, 1998.

Ottawa, June 13, 1998

CLAUDE MAJEAU
Secretary to the Board
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
(613) 952-8621 (Telephone)
(613) 952-8630 (Facsimile)

CANADIAN MUSICAL REPRODUCTION RIGHTS AGENCY (CMRRA)

PRIVATE COPYING 1999-2000

1. Definitions

In this tariff:

(a) the terms "audio recording medium", "blank audio recording medium" and "collecting body" have the same meanings as those set out in Part VIII of the Copyright Act;

(b) "importer" means a person, firm or corporation which imports a blank audio recording medium into Canada for the purpose of trade, whether by sale or other form of disposition;

(c) "manufacturer" means a person, firm or corporation which manufactures a blank audio recording medium or who assembles a blank audio recording medium from the components thereof in Canada for the purpose of trade, whether by sale or other form of disposition.

2. Levy

2.1 Pursuant to section 82 of the Copyright Act, manufacturers and importers of blank audio recording media shall pay to the collecting body, for the years 1999 and 2000, in respect of the reproduction for private use of sound recordings, musical works and performances of musical works embodied therein levies of:

— 25¢ per portion of 15 minutes, or part thereof, of each analog audio recording media sold or imported

— 50¢ per portion of 15 minutes, or part thereof, of each digital audio recording media sold or imported

2.2 No levy is payable with respect to blank audio recording media which a manufacturer or importer exports from Canada, provided that the manufacturer or importer maintains books and records satisfactory to CMRRA verifying such export.

3. Administrative Provisions

3.1 The levy shall be paid on a monthly basis by the manufacturer or importer to the collecting body within 30 days of the end of each month.

3.2 Payment of the levy is to be accompanied by a statement of the number and duration of analog blank audio recording media and of digital blank audio digital recording media, sold or imported in the relevant month, as well as the number of blank audio recording media exported, if any, during the relevant month.

3.3 Payments of the levy received later than the date set out in paragraph 3.1 will incur interest at the Bank of Canada rate plus two per cent (2%) per month.

3.4 Manufacturers and importers shall keep books and records in proper form to record all information pertaining to their obligations hereunder in accordance with Generally Acceptable Accounting Practices and the collecting body shall have the right to audit and examine, not more than once in any calendar year, such books and records in order to verify the accuracy thereof and the payments made hereunder. The collecting society may, in addition, request the provision of further documentation respecting the manufacturer's or importer's obligations hereunder, and the manufacturer shall provide the collecting society with such documentation. Where an audit determines that levies have been understated by an amount in excess of ten per cent (10%) of the total amount of levies paid during the period of the audit, the manufacturer or importer will pay the entire costs of the audit on demand by the collecting body.

4. Payment to CMRRA

4.1 One-half of all monies (net of operating costs) collected by the collecting body will be distributed to CMRRA and all other claimants on the levy representing the interests of authors and music copyright owners ("songwriter/publisher share").

4.2 The collecting body will distribute to CMRRA a portion of the songwriter/publisher share in accordance with any agreement arrived at between CMRRA and the other claimants of the songwriter/publisher share or, in the absence of such agreement, in accordance with any applicable decision of the Board with respect thereto. Such payment will be made not later than 30 days after the receipt of monies by the collecting body.

4.3 With the leave of the Board, CMRRA may supplement or amend this tariff with further terms and conditions respecting the matters set out herein.

STATEMENT OF LEVIES WHICH MAY BE COLLECTED BY THE NEIGHBOURING RIGHTS COLLECTIVE OF CANADA (NRCC)

for the right of eligible performers and eligible makers to receive remuneration from manufacturers and importers of blank audio recording media in respect of the reproduction for private use of a performer's performance of a musical work embodied in a sound recording or of a sound recording in which a musical work, or a performer's performance of a musical work, is embodied, during the calendar years 1999 and 2000.

GENERAL PROVISIONS

This tariff is filed on the assumption that the Minister will, on or before January 1, 1999, exercise his powers pursuant to subsection 85(1) of the Copyright Act in respect of all countries that grant, as of March 31, 1998, to performers and makers of sound recordings that are Canadian citizens or permanent residents of Canada within the meaning of the Immigration Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by Part VIII of the Copyright Act and that the Minister will not have, at any time, exercised his powers pursuant to subsection 85(1) of the Copyright Act in respect of any other country and that the Minister will not have, at any time, exercised his powers pursuant to subsection 85(2) of the Copyright Act in respect of any country.

NRCC submits that eligible performers and eligible makers should receive two thirds of the overall levies, that would be payable by manufacturers and importers of blank audio recording media to eligible authors, eligible performers and eligible makers in respect of their right to receive remuneration from manufacturers and importers of blank audio recording media in respect of the reproduction for private use of a musical work embodied in a sound recording, of a performer's performance of a musical work embodied in a sound recording or of a sound recording in which a musical work, or a performer's performance of a musical work, is embodied, if all musical works embodied in a sound recording, all performer's performances of a musical work embodied in a sound recording and all sound recordings in which a musical work, or a performer's performance of a musical work, is embodied, were to qualify for purposes of the levies payable under Part VIII of the Copyright Act. However, under the above assumptions, not all sound recordings in the world in which a musical work, or a performer's performance of a musical work, is embodied and not all performer's performances of a musical work embodied in a sound recording in the world would qualify for purposes of the levies payable under Part VIII of the Copyright Act (since under these assumptions, the Minister will not have, at any time, exercised his powers pursuant to subsection 85(1) of the Copyright Act in respect of any country, other than countries that grant, as of March 31, 1998, to performers and makers of sound recordings that are Canadian citizens or permanent residents of Canada within the meaning of the Immigration Act or, if corporations, have their headquarters in Canada, as the case may be, whether by treaty, convention, agreement or law, benefits substantially equivalent to those conferred by Part VIII of the Copyright Act, and the Minister will not have, at any time, exercised his powers pursuant to subsection 85(2) of the Copyright Act in respect of any country). Consequently, the levies in section 8 of this tariff are based on half of two thirds (or 33%) of the overall levies that would be payable if all musical works embodied in a sound recording, all performer's performances of a musical work embodied in a sound recording and all sound recordings in which a musical work, or a performer's performance of a musical work, is embodied, were to qualify for purposes of the levies payable under Part VIII of the Copyright Act.

The proposed levies in section 8 of this tariff are based on these assumptions. If there is any change in respect of any of the above assumptions, NRCC reserves the right to apply to the Copyright Board to amend this tariff in such manner as the Board may consider appropriate.

COPYING FOR PRIVATE USE

Short Title

1. This tariff may be cited as the Private Copy Tariff, 1999-2000.

Definitions

2. Except where otherwise specified, all expressions used in this tariff shall have the same meaning as under the Copyright Act, as amended.

3. In this tariff,

"year" means a calendar year.

Application

4. This tariff applies to the right of eligible performers and eligible makers who, by assignment, grant of licence, appointment of NRCC as their agent or otherwise, authorize it to act on their behalf for the purpose of the exercise of their right to receive remuneration from manufacturers and importers of blank audio recording media in respect of the reproduction for private use of a performer's performance of a musical work embodied in a sound recording or of a sound recording in which a musical work, or a performer's performance of a musical work, is embodied, during the years 1999 and 2000.

5. Every person who, for the purpose of trade, manufactures a blank audio recording medium in Canada or imports a blank audio recording medium into Canada shall pay a levy to the NRCC, or to such collecting body as may be designated by the Copyright Board, on selling or otherwise disposing of those blank audio recording medium in Canada.

6. No levy shall be payable where it is a term of the sale or other disposition of the blank audio recording medium that the medium is to be exported from Canada, and it is exported from Canada.

Collecting Body

7. NRCC shall be designated by the Copyright Board as the collecting body for purposes of this tariff.

Levies

8. The levies shall be $0.0833 for each period of 15 minutes, or part thereof, of each analog blank audio recording medium and $0.1666 for each period of 15 minutes, or part thereof, of each digital blank audio recording medium, manufactured in Canada or imported into Canada during the years 1999 and 2000 (on the basis of overall levies of $0.25 for each period of 15 minutes, or part thereof, of each analog blank audio recording medium and $0.50 for each period of 15 minutes, or part thereof, of each digital blank audio recording medium, that would be payable by manufacturers and importers of blank audio recording media to eligible authors, eligible performers and eligible makers in respect of their right to receive remuneration from manufacturers and importers of blank audio recording media in respect of the reproduction for private use of a musical work embodied in a sound recording, of a performer's performance of a musical work embodied in a sound recording or of a sound recording in which a musical work, or a performer's performance of a musical work, is embodied, if all musical works embodied in a sound recording, all performer's performances of a musical work embodied in a sound recording and all sound recordings in which a musical work, or a performer's performance of a musical work, is embodied, were to qualify for purposes of the levies payable under Part VIII of the Copyright Act).

9. All levies payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

ADMINISTRATIVE PROVISIONS

Payment of Levies

10. No later than the end of each civil quarter of each year, commencing on March 31, 1999, the person responsible for the payment of the levies shall pay to NRCC the levies owing for that quarter, together with its name and its address for purposes of notice.

Accounts and Records

11. The person responsible for the payment of the levies shall keep all accounts and records from which NRCC can readily ascertain the levies payable and the information required under this tariff in accordance with generally accepted accounting practices and shall, in accordance with subsection 83(8) of the Copyright Act, keep statements of account of the activities referred to in section 5 of this tariff, the whole for a period of six (6) years of the end of the year to which they relate. During such period, NRCC may audit such accounts, statements of accounts and records itself or through a designated representative, on reasonable notice and during normal business hours. Should any audit disclose that levies paid to NRCC were understated by more than five per cent (5%), the person responsible for the payment of the levies shall pay the reasonable costs of audit within thirty (30) days of the demand for such payment.

Confidentiality

12. (1) Subject to subsections (2) and (3), NRCC shall treat in confidence information received from the person responsible for the payment of the levies pursuant to this tariff, unless the person responsible for the payment of the levies consents in writing to the information being treated otherwise.

(2) NRCC may share information referred to in subsection (1)

1. with any other collective society or collecting body in Canada or elsewhere;

2. with the Copyright Board;

3. in connection with proceedings before the Copyright Board or before any court;

4. to the extent required to effect the distribution of levies, with its claimants; or

5. if ordered by law or by a court of law.

(3) Subsection (1) does not apply to information that is publicly available, or to information obtained from someone other than the person responsible for the payment of the levies, who is not under an apparent duty of confidentiality to the person responsible for the payment of the levies.

Adjustments

13. (1) Subject to subsection (2), adjustments in the amount of levies owed by the person responsible for the payment of the levies (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.

(2) The person responsible for the payment of the levies may deduct any amount owed to it from its next royalty payments until no money remains owed to it.

Interest on Late Payments

14. (1) Any amount not received by the due date shall bear interest from that date until the date the amount is received.

(2) Any amount found to be owing, through an audit or otherwise, shall bear interest from the date it was due until the date the amount is received.

(3) Any amount that cannot be delivered at the address referred to in section 10 shall bear interest from the date when the person owing the amount receives notice of the new address to which it should be delivered until the date the amount is received.

(4) Interest shall be calculated daily, at the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada) plus one per cent. Interest shall not compound.

Addresses for Notices, etc.

15. (1) Anything that the person responsible for the payment of the levies sends to NRCC shall be sent to 1250 Bay Street, Suite 400, Toronto, Ontario M5R 2B1, or to any other address of which the person responsible for the payment of the levies has been notified.

(2) Anything that NRCC sends to the person responsible for the payment of the levies shall be sent to the address provided to NRCC in accordance with section 10 or to any other address of which NRCC has been notified.

Delivery of Notices and Payments

16. (1) A notice may be delivered by hand, by postage paid mail, or by facsimile.

(2) A notice or payment mailed in Canada shall be presumed to have been received three business days after the day it was mailed.

(3) A notice sent by facsimile shall be presumed to have been received the day it is transmitted.

17. (1) Any person that NRCC designates to receive a payment or notice shall have an address in Canada.

(2) NRCC shall notify the person responsible for the payment of the levies at least 60 days in advance of such a designation or of any change therein.

TARIFF FOR THE REMUNERATION THAT SOCIÉTÉ DE GESTION DES DROITS DES ARTISTES-MUSICIENS (SOGEDAM) SHALL COLLECT FOR THE REPRODUCTION FOR PRIVATE USE, ON AN AUDIO RECORDING MEDIA, OF THE WHOLE OR OF A SUBSTANTIVE PART OF A SOUND RECORDING IN WHICH A MUSICAL WORK OR A PERFORMER'S PERFORMANCE OF A MUSICAL WORK PART OF ITS REPERTOIRE IS EMBODIED

1. The levies mentioned in the present tariff are in force for the calendar year of 1999.

2. Manufacturers and importers of blank audio recording media shall pay to the collecting body designated by the Board, in accordance with paragraph 82(1)(a) of the Copyright Act, a levy calculated on each sold or otherwise disposed blank audio recording media in Canada. Such levy being:

(a) 25¢ for each analog audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 15 minutes;

(b) 50¢ for each analog audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 30 minutes;

(c) 75¢ for each analog audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 45 minutes;

(d) $1.00 for each analog audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 60 minutes;

(e) $1.25 for each analog audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 75 minutes;

(f) $1.50 for each analog audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 90 minutes;

(g) $1.75 for each analog audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 105 minutes;

(h) $2.00 for each analog audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 120 minutes;

(i) $2.00 for each analog audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 120 minutes, to which 25¢ per portion of 15 minutes, or part thereof, exceeding 120 minutes, is added;

(j) 50¢ for each digital audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 15 minutes;

(k) $1.00 for each digital audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 30 minutes;

(l) $1.50 for each digital audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 45 minutes;

(m) $2.00 for each digital audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 60 minutes;

(n) $2.50 for each digital audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 75 minutes;

(o) $3.00 for each digital audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 90 minutes;

(p) $3.50 for each digital audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 105 minutes;

(q) $4.00 for each digital audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 120 minutes;

(r) $4.00 for each digital audio recording media allowing the simultaneous fixing of sounds or the reproduction of sound recordings for a maximal duration of 120 minutes, to which 50¢ per portion of 15 minutes, or part thereof, exceeding 120 minutes, is added.

3. The collecting body designated by the Board shall pay to the Collective Societies representing performers, including SOGEDAM, 33 per cent of the levies collected, after deduction of a reasonable amount as for its administration fees. Such levies shall be paid to SOGEDAM within fifteen (15) days of their collection.

4. The portion claimed by SOGEDAM for the representation for private use of its repertoire will be the object of later representation to be made before the Board.

SOCIÉTÉ DU DROIT DE REPRODUCTION DES AUTEURS, COMPOSITEURS ET ÉDITEURS AU CANADA (SODRAC) INC.

DURING 1999 AND 2000

REPRODUCTION FOR PRIVATE USE

1. Definitions

In this tariff:

"audio recording medium" means a recording medium, regardless of its material form, onto which a sound recording may be reproduced and that is of a kind ordinarily used by individual consumers for that purpose, excluding any kind of recording medium prescribed by regulation;

"blank audio recording medium" means an audio recording medium onto which no sounds have ever been fixed, and any other prescribed audio recording medium;

"collecting body" means the body designated by the Copyright Board as per section 83.8d) of the Copyright Act;

"importer" means a person who imports in Canada for the purpose of trade;

"manufacturer" means a person who manufactures in Canada for the purpose of trade;

"sale" means a sale or any other disposal.

2. Application and Levies

2.1 Pursuant to section 82 of the Copyright Act, manufacturers and importers of blank audio recording media shall pay to the collecting body, for the years 1999 and 2000, in respect of the reproduction for private use of sound recordings, musical works and performances of musical works embodied therein levies of:

— 25¢ per portion of 15 minutes, or part thereof, of each analog audio recording media sold or imported

— 50¢ per portion of 15 minutes, or part thereof, for each digital audio recording media sold or imported.

2.2 No levy is payable where it is a term of the sale of the blank audio recording medium that the medium is to be exported from Canada, and it is exported from Canada.

3. Administrative Provisions

3.1 The levy shall be paid monthly by the manufacturer or importer to the collecting body within 30 days of the end of each month.

3.2 Payment of the levy is to be accompanied by a statement of the number and duration of analog blank audio recording media and of digital blank audio recording media, sold or imported in the relevant month.

3.3 The importer who wishes to be exempted from levies under section 2.2 shall forward to the collecting body, in the delay provided in section 3.1, a statement of the sales in regard to blank audio recording media where it is a term of the sale that the medium is to be exported and has been exported.

3.4 Manufacturers and importers shall, for a period of six years, keep and preserve books and records from which levies payable and information required under this tariff can be readily determined or found.

3.5 The collecting body shall have the right to audit the manufacturer's or importer's books and records, on a reasonable notice and during normal business hours to verify the statements rendered and the levies payable. The collecting body may, among other things, require evidence concerning exportation of the blank audio recording media.

Upon reception, a certified copy of the audit is supplied to the manufacturer or importer by the collective body.

3.6 If an audit discloses that levies due have been understated in any month by more than 5 per cent, the manufacturer or importer shall pay the entire costs of the audit within 30 days of a demand to that effect being made by the collective body.

3.7 Any levy not received by the due date shall bear interest from that date until the date it is received. Interest shall be calculated daily, at the Bank Rate (as published by the Bank of Canada Review) effective on the last day of the previous month plus one per cent. Interest shall not compound.

Any monies discovered to be owed through an audit shall bear interest calculated at the same rate hereof from the date they would have become due initially.

4. Payment to SODRAC

4.1 The collective body shall pay to SODRAC 12.5 per cent of the total levies collected under this tariff from the manufacturers and importers.

4.2 Payment to SODRAC shall be made in the 30 days following collection by the collective body from the manufacturers and importers.

4.3 SODRAC reserves the right to present to the Board at the appropriate time additional terms and conditions related to the distribution of the levies collected from manufacturers and importers by the collective body and its administration of such levies.

TARIFF FOR THE LEVY ON BLANK AUDIO RECORDING MEDIA

Proposed for the years 1999 and 2000 by Society of Composers, Authors and Music Publishers of Canada (SOCAN), pursuant to section 83 of the Copyright Act, for the benefit of those eligible authors who by assignment, grant of licence, appointment as agent, or otherwise authorize SOCAN to act on their behalf in relation to the right of remuneration accorded under subsection 81(1) of the Act for 1999 and 2000

Short Title

1. This tariff may be cited as the Private Copying Tariff, 1999-2000.

Definitions

2. In this tariff,

The terms "audio recording medium", "eligible author" and "prescribed" have the meanings attributed to them in section 79 of the Copyright Act, R.S.C. 1985, c. C-42, as amended;

"Blank audio recording medium" has the meaning attributed to it in section 79 of the Copyright Act and includes "blank analog recording medium" and "blank digital recording medium";

"Board" means the Copyright Board of Canada;

"Collecting Body" means the collective society, or other society, association or corporation, that is designated as the collecting body under paragraph 83(8)(d);

"Collective Society" means each collective society listed in paragraph 10 as being entitled to receive a proportion of the levy from the collecting body.

Application

3. This tariff applies for each of the years 1999 and 2000 to the levy payable by manufacturers and importers of blank audio recording media in accordance with section 82 of the Copyright Act which reads:

"82. (1) Every person who, for the purpose of trade, manufactures a blank audio recording medium in Canada or imports a blank audio recording medium into Canada

(a) is liable, subject to subsection (2) and section 86, to pay a levy to the collecting body on selling or otherwise disposing of those blank audio recording media in Canada; and

(b) shall, in accordance with subsection 83(8), keep statements of account of the activities referred to in paragraph (a), as well as of exports of those blank audio recording media, and shall furnish those statements to the collecting body.

(2) No levy is payable where it is a term of the sale or other disposition of the blank audio recording medium that the medium is to be exported from Canada, and it is exported from Canada."

THE TARIFF

4. The levy shall be:

(a) $ 0.25 (twenty five cents) for each 15 minutes or part thereof of playing time in the case of a blank analog audio recording medium; and

(b) $ 0.50 (fifty cents) for each 15 minutes or part thereof of playing time in the case of a blank digital audio recording medium.

5. The levy shall be payable to the collecting body within thirty (30) days of the end of the month in which the relevant sale or other disposition was made.

6. All amounts payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

7. Any amount not paid to the collecting body when due shall bear interest calculated monthly on the last day of each month, at the Bank Rate effective on that day (as published by the Bank of Canada), plus one per cent.

Reporting Requirements

8. Every person responsible for payment of the levy shall provide to the collecting body the following information:

(a) the name of that person, that is,

together with any trade name (other than the above) under which it carries on business;

(b) the address of that person's principal place of business;

(c) the address of that person (if different from above), including any telephone, e-mail and facsimile number; and

(d) the information required by paragraph 82(1)(b) of the Copyright Act, reproduced above.

9. (1) A person responsible for the payment of the levy shall keep and preserve until December 31, 2006 records from which the collecting body can readily ascertain the amounts payable and the information required under this tariff.

(2) The collecting body may audit these records at any time until December 31, 2006 on reasonable notice and during normal business hours.

(3) The collecting body shall, upon receipt, supply the person responsible for payment of the levy and all collective societies with a copy of the report of any audit.

(4) If the audit discloses that payments due to the collecting body have been understated in any month by more than 5 per cent, the person responsible for payment of the levy shall pay the reasonable costs of the audit within 30 days of demand for payment being made.

Distribution of Levy by Collecting Body

10. The collecting body shall, after deducting its costs of administration, distribute the levy to the collective societies listed below in the proportions indicated:

[SOCAN - seventy-five percent (75%)]

11. Each collective society may audit all records of the collecting body at any time on reasonable notice and during normal business hours.

Transitional Provisions

12. This tariff is filed in a format which makes provision in section 4 for the overall levy payable to the collecting body by persons responsible for its payment. Section 10 is intended to establish the proportions in which the overall levy is to be distributed by the collecting body to all collective societies entitled. Section 10 contains SOCAN's estimate of the portion to which it is entitled of the overall levy certified by the Copyright Board. SOCAN's proposals are subject to amendment in the light of the evidence which may be presented at a hearing before the Copyright Board.

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