Vol. 133, No. 31 — July 31, 1999

Supplement, Vol. 133, No. 31 — July 31, 1999

COPYRIGHT BOARD

FILES: Public Performance of Musical Works 1997, 1998, 1999, 2000, 2001, 2002, 2003

Statement of Royalties to be Collected for the Performance or the Communication by Telecommunication, in Canada, of Musical or Dramatico-musical Works

In accordance with subsection 68(4) of the Copyright Act, the Copyright Board has certified and hereby publishes the statement of royalties to be collected by the Society of Composers, Authors and Music Publishers of Canada (SOCAN) for the performance or the communication by telecommunication, in Canada, of musical or dramatico-musical works in respect of the following tariffs and for the following years:

— Tariff Nos. 8 and 10 for 1997 and 1998;

— Tariff Nos. 3.A, 3.B, 5.A, 7, 13 and 15.A for 1998;

— Tariff Nos. 1.A, 1.B, 2.B, 3.C, 11, 12.A, 14, 15.B and 21 for 1998 and 1999;

— Tariff No. 4.B.2 for 1998 to 2002;

— Tariff Nos. 13.B and 13.C for 1999;

— Tariff No. 6 for 1999 to 2003.

Ottawa, July 31, 1999

CLAUDE MAJEAU
Secretary to the Board 56

Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
(613) 952-8621 (Telephone)
(613) 952-8630 (Facsimile)
majeauc@smtp.gc.ca (Electronic mail)

STATEMENT OF ROYALTIES WHICH MAY BE COLLECTED BY THE SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA (SOCAN)

in compensation for the right to perform in public or to communicate to the public by telecommunication, in Canada, musical or dramatico-musical works forming part of its repertoire.

GENERAL PROVISIONS

All amounts payable under these tariffs are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

As used in these tariffs, the terms "licence" and "licence to perform" mean a licence to perform in public or to communicate to the public by telecommunication or to authorize the performance in public or the communication to the public by telecommunication, as the context may require.

Except where otherwise specified, fees payable for any licence granted by SOCAN shall be due and payable upon grant of the licence, and any amount not paid by the due date 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.

Each licence shall subsist according to the terms set out therein. SOCAN shall have the right at any time to terminate a licence for breach of terms or conditions upon 30 days notice in writing.

Tariff No. 1

RADIO

A. Commercial Radio (in 1998 and 1999)

For a monthly licence to perform, at any time and as often as desired in 1998 and 1999, for private or domestic use, any or all of the works in SOCAN's repertoire by a commercial radio station, the fee payable shall be a percentage of the station's gross income for the second month before the month for which the licence is issued.

For a station that

(a) has broadcast works in SOCAN's repertoire for less than 20 per cent of its total broadcast time in the second month before the month for which the licence is issued, and

(b) keeps and makes available to SOCAN complete recordings of its last 90 broadcast days the percentage shall be 1.4 per cent.

For any other station, the percentage shall be 3.2 per cent.

For the purpose of establishing the rate applicable to a station, no account shall be taken of production music (i.e. music used in interstitial programming such as commercials, public service announcements and jingles).

"Gross income" means the gross amount paid by any person for the use of one or more broadcasting services or facilities provided by the station's operator, excluding the following:

(a) income accruing from investments, rents or any other business unrelated to the station's broadcasting activities. However, income accruing from any allied or subsidiary business that is a necessary adjunct to the station's broadcasting services and facilities or which results in their being used shall be included in the "gross income".

(b) amounts received for the production of a program that is commissioned by someone other than the licensee and which becomes the property of that person.

(c) the recovery of any amount paid to obtain the exclusive national or provincial broadcast rights to a sporting event, if the licensee can establish that the station was also paid normal fees for station time and facilities. SOCAN may require the production of the contract granting these rights together with the billing or correspondence relating to the use of these rights by other parties.

(d) amounts received by an originating station acting on behalf of a group of stations, which do not constitute a permanent network and which broadcast a single event, simultaneously or on a delayed basis, that the originating station subsequently pays out to the other stations participating in the broadcast. These amounts paid to each participating station are part of that station's "gross income".

No later than the day before the first day of the month for which the licence is issued, the licensee shall pay the fee, and report the station's gross income for the second month before the month for which the licence is issued.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Non-Commercial Radio other than the Canadian Broadcasting Corporation (in 1998 and 1999)

For a licence to perform, at any time and as often as desired in 1998 and 1999, for private or domestic use, any or all of the works in SOCAN's repertoire by a non-commercial AM or FM radio station other than a station of the Canadian Broadcasting Corporation, the fee payable shall be 1.9 per cent of the station's gross operating costs in the year covered by the licence.

No later than January 31 of the following year, the licensee shall pay the estimated fee owing for the year covered by the licence. The payment shall be accompanied by a report of the station's actual gross operating costs in the year covered by the licence. The fee shall be subject to adjustment when the actual gross operating costs for the year covered by the licence have been determined and reported to SOCAN.

If broadcasting takes place for less than the entire year, an application must be made for a licence by the end of the first month of broadcasting on the form to be supplied by SOCAN and together with the application form the station shall forward its remittance for the estimated fee payable.

For the purpose of this tariff item, "non-commercial AM or FM radio station" shall include any station which is non-profit or not-for-profit, whether or not any part of its operating expenses is funded by advertising revenues.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 2

TELEVISION

B. Ontario Educational Communications Authority (in 1998 and 1999)

For a licence to perform, at any time and as often as desired in 1998 and 1999, for private or domestic use, any or all of the works in SOCAN's repertoire by a station operated by the Ontario Educational Communications Authority, the annual fee shall be $300,080 payable in equal quarterly instalments on January 1, April 1, July 1 and October 1 of the year covered by the licence.

Tariff No. 3

CABARETS, CAFES, CLUBS, COCKTAIL BARS, DINING ROOMS, LOUNGES, RESTAURANTS, ROADHOUSES, TAVERNS AND SIMILAR ESTABLISHMENTS

A. Live Music (in 1998)

For a licence to perform, by means of performers in person, at any time and as often as desired in 1998, any or all of the works in SOCAN's repertoire, in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments, the fee payable by the establishment shall be 3 per cent of the compensation for entertainment paid in the year covered by the licence, with a minimum licence fee of $80 per year.

"Compensation for entertainment" means the total amounts paid by the licensee to, plus any other compensation received by musicians, singers and all other performers, for entertainment of which live music forms part. It does not include expenditures for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than January 31 of the year covered by the licence, the licensee shall pay to SOCAN the estimated fee owing for that year. If any music was performed as part of entertainment in the previous year, the payment is based on the compensation paid for entertainment during that year, and accompanied by a report of the actual compensation paid for entertainment during that year. If no music was performed as part of entertainment in that year, the licensee shall file a report estimating the expected compensation for entertainment during the year covered by the licence and pay according to that report.

No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual compensation paid for entertainment during the year covered by the licence and an adjustment of the licence fee shall be made accordingly. Any additional monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee's records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor's fees.

B. Recorded Music Accompanying Live Entertainment (in 1998)

For a licence to perform, by means of recorded music, at any time and as often as desired in 1998, any or all of the works in SOCAN's repertoire, as an integral part of live entertainment in cabarets, cafes, clubs, cocktail bars, dining rooms, lounges, restaurants, roadhouses, taverns and similar establishments, the fee payable by the establishment shall be 2 per cent of the compensation for entertainment paid in the year covered by the licence, with a minimum licence fee of $60 per year.

"Compensation for entertainment" means the total amounts paid by the licensee to, plus any other compensation received by all performers, for entertainment of which recorded music forms an integral part. It does not include expenditures for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than January 31 of the year covered by the licence, the licensee shall pay to SOCAN the estimated fee owing for that year. If any music was performed as part of entertainment in the previous year, the payment is based on the compensation paid for entertainment during that year, and accompanied by a report of the actual compensation paid for entertainment during that year. If no music was performed as part of entertainment in that year, the licensee shall file a report estimating the expected compensation for entertainment during the year covered by the licence and pay according to that report.

No later than January 31 of the following year, the licensee shall file with SOCAN a report of the actual compensation paid for entertainment during the year covered by the licence and an adjustment of the licence fee shall be made accordingly. Any additional monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee's records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor's fees.

C. Adult Entertainment Clubs (in 1998 and 1999)

For a licence to perform, by means of recorded music, at any time and as often as desired in 1998 and 1999, any or all of the works in SOCAN's repertoire, in an adult entertainment club, the fee payable by the establishment shall be 4.2¢ per day, multiplied by the capacity (seating and standing) authorized under the establishment's liquor licence or any other document issued by a competent authority for this type of establishment.

"Day" means any period between 6:00 a.m. on one day and 6:00 a.m. the following day during which the establishment operates as an adult entertainment club.

No later than January 31 of the year covered by the licence, the licensee shall file a report estimating the amount of royalties and send to SOCAN the report and the estimated fee.

No later than January 31 of the following year, the licensee shall file with SOCAN a report indicating the number of seats in the establishment, as well as the number of days it operated as an adult entertainment club during the year covered by the licence and an adjustment of the licence fee shall be made accordingly. Any additional monies owed shall then be paid to SOCAN; if the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

The licensee may request that the examination be made by an independent auditor chosen by the licensee from a list of at least three auditors furnished by SOCAN. In such a case, only the auditor so appointed need be allowed access to the licensee's records. If the audit discloses that the licence fee owed to SOCAN has been understated by more than 10 per cent, the licensee shall pay the auditor's fees.

Tariff No. 4

LIVE PERFORMANCES AT THEATRES OR OTHER PLACES OF ENTERTAINMENT

B. Classical Music Concerts

2. Annual licence for orchestras (in 1998, 1999, 2000, 2001 or 2002)

For an annual licence to perform, at any time and as often as desired in 1998, 1999, 2000, 2001 or 2002, any or all of the works in SOCAN's repertoire, as live performances by orchestras (including singers), at concerts or recitals of classical music, an annual fee calculated in accordance with the following is payable in quarterly instalments within 30 days after the end of each quarter:

Annual Orchestra Budget		Annual Fee (× total number of concerts)
		1998	1999	2000	2001	2002
$0 to	100,000	$ 46.50	$ 48.00	$ 49.50	$ 51.00	$ 52.00
$100,001 to	500,000	77.00	79.00	81.00	83.00	86.00
$500,001 to	1,000,000	123.50	127.00	130.50	134.00	138.00
$1,000,001 to	2,000,000	154.50	159.00	163.50	168.00	172.50
$2,000,001 to	5,000,000	257.50	265.00	272.50	280.00	287.50
$5,000,001 to	10,000,000	283.00	291.00	299.00	307.00	316.00
over 10,000,000		309.00	318.00	327.00	336.00	345.00

"Orchestras" include a musical group which offers to the public one or more series of concerts or recitals that have been predetermined in an annual budget.

Included in the "total number of concerts" are the ones where no work of SOCAN's repertoire is performed.

Where fees are paid under this tariff, no fees shall be payable under Tariff 4.B.1.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 5

EXHIBITIONS AND FAIRS
(in 1998)

A. For a licence to perform, at any time and as often as desired, any or all of the works in SOCAN's repertoire at an exhibition or fair held in 1998, the fee is calculated as follows:

(a) Where the total attendance (excluding exhibitors and staff) for the duration of the exhibition or fair does not exceed 75,000 persons:

Total Attendance	Fee Payable per Day
Up to 25,000 persons	$12.25
25,001 to 50,000 persons	$24.65
50,001 to 75,000 persons	$61.50

(b) Where the total attendance (excluding exhibitors and staff) for the duration of the exhibition or fair exceeds 75,000 persons:

Total Attendance	Fee Payable per Person
For the first 100,000 persons	1.02 ¢
For the next 100,000 persons	0.45 ¢
For the next 300,000 persons	0.33 ¢
All additional persons	0.25 ¢

In the case of an exhibition or fair that is scheduled yearly, the fee shall be paid on the actual attendance figures in the preceding year, on or before January 31 of the current year. The licensee shall submit with the licence fee the figures for actual attendance for the previous year and the duration, in days, of the exhibition or fair.

In all other cases, the licensee shall, within 30 days of an exhibition's or fair's closing, report its attendance and duration and submit the fee based on those figures.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

A licence issued under Tariff No. 5.A does not authorize performances of music at concerts for which an additional admission charge is made; for such concerts, Tariff No. 5.B applies.

Tariff No. 6

MOTION PICTURE THEATRES
(in 1999, 2000, 2001, 2002 and 2003)

For a licence to perform, at any time and as often as desired in 1999, 2000, 2001, 2002 and 2003, any or all of the works in SOCAN's repertoire, covering the operations of a motion picture theatre or any establishment exhibiting motion pictures at any time during the year, the fee is as follows:

Year	Rate per Seat per Annum	Minimum Fee
1999	$1.04	$104
2000	$1.08	$108
2001	$1.11	$111
2002	$1.14	$114
2003	$1.17	$117

The seating capacity of drive-in theatres is deemed to be three times the maximum number of automobiles which may be accommodated at any one time.

Theatres operating three days or less per week shall pay one-half of the above rates.

For theatres operating for less than 12 months in each year, the fee payable shall be reduced by one-twelfth for each full month during the year in which no operations occur.

A licence obtained under this tariff does not authorize any concert or other performance of music when the exhibition of one or more films is not an integral part of the program. The fees for those performances shall be calculated under other applicable tariffs.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 7

SKATING RINKS
(in 1998)

For a licence to perform, at any time and as often as desired in 1998, any or all of the works in SOCAN's repertoire, by means of performers in person or by means of recorded music, in connection with roller or ice skating, the fee is as follows:

(a) Where an admission fee is charged: 1.2 per cent of the gross receipts from admissions exclusive of sales and amusement taxes, subject to a minimum annual fee of $99.75.

(b) Where no admission fee is charged: an annual fee of $99.75.

The licensee shall estimate the fee payable for 1998 based on the total gross receipts from admissions exclusive of sales and amusement taxes for 1997 and shall pay such estimated fee to SOCAN on or before January 31, 1998. Payment of the fee shall be accompanied by a report of the gross receipts for 1997.

If the gross receipts reported for 1997 were not based on the entire year, payment of this fee shall be accompanied by a report estimating the gross receipts from admissions for the entire year 1998.

On or before January 31, 1999, a report shall be made of the actual gross receipts from admissions during the calendar year 1998, an adjustment of the licence fee payable to SOCAN shall be made, and any additional fees due on the basis of the actual gross receipts from admission charges shall be paid to SOCAN. If the fee due is less than the amount paid, SOCAN shall credit the licensee with the amount of the overpayment.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 8

RECEPTIONS, CONVENTIONS, ASSEMBLIES AND FASHION SHOWS
(in 1997 and 1998)

For a licence to perform, at any time and as often as desired in 1997 and 1998, any or all of the works in SOCAN's repertoire, at receptions, conventions, assemblies and fashion shows, where the performances have not been contracted for by a licensee of SOCAN, the operator of the premises shall pay in advance for each event at such reception, convention or assembly or for each day on which such fashion show is held, as follows:

Without dancing $28.75

With dancing $57.55

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 10

PARKS, STREETS AND OTHER PUBLIC AREAS
(in 1997 and 1998)

A. Strolling Musicians and Buskers; Recorded Music

For a licence to perform, at any time and as often as desired in 1997 and 1998, any or all of the works in SOCAN's repertoire, by strolling musicians or buskers, or by means of recorded music, in parks, streets, or other public areas, the fee is as follows:

$31.13 for each day on which music is performed, subject to a maximum fee of $213.19 in any three-month period.

For concert performances in parks, streets or other public areas, Tariff No. 4 shall apply.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Marching Bands

For a licence to perform, at any time and as often as desired in 1997 and 1998, any or all of the works in SOCAN's repertoire, by marching bands participating in parades, the fee is as follows:

$8.40 for each marching band participating in a parade, with a minimum fee of $31.13 per day.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 11

CIRCUSES, ICE SHOWS, FIREWORKS DISPLAYS, SOUND AND LIGHT SHOWS AND SIMILAR EVENTS; COMEDY SHOWS AND MAGIC SHOWS
(in 1998 and 1999)

A. Circuses, Ice Shows, Fireworks Displays, Sound and Light Shows and Similar Events

For a licence to perform, at any time and as often as desired in 1998 and 1999, any or all of the works in SOCAN's repertoire, by means of performers in person or by means of recorded music at circuses, ice shows, fireworks displays, sound and light shows and similar events, the fee payable per event is as follows:

1.6 per cent of gross receipts from ticket sales, exclusive of sales and amusement taxes, with a minimum fee of $59.15.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Comedy Shows and Magic Shows

For a licence to perform, at any time and as often as desired in 1998 and 1999, any or all of the works in SOCAN's repertoire, by means of performers in person or by means of recorded music in conjunction with events where the primary focus is on comedians or magicians and the use of music is incidental, the fee payable per event is $35. However, where the comedy act or magic show is primarily a musical act, Tariff 4.A applies.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 12

THEME PARKS, ONTARIO PLACE CORPORATION AND SIMILAR OPERATIONS; PARAMOUNT CANADA'S WONDERLAND AND SIMILAR OPERATIONS

A. Theme Parks, Ontario Place Corporation and Similar Operations (in 1998 and 1999)

For a licence to perform, at any time and as often as desired in 1998 and 1999, any or all of the works in SOCAN's repertoire, at theme parks, Ontario Place Corporation and similar operations, the fee payable shall be:

(a) $2.30 per 1,000 persons in attendance on days on which music is performed, rounding the number of persons to the nearest 1,000;

PLUS

(b) 1.5 per cent of "live music entertainment costs".

"Live music entertainment costs" means all direct expenditures of any kind and nature (whether in money or other form) paid by the licensee or on the licensee's behalf for all live entertainment during which live music is performed on the premises. It does not include amounts expended for stage props, lighting equipment, set design and costumes, or expenditures for renovation, expansion of facilities or furniture and equipment.

No later than June 30 of the year covered by the licence, the licensee shall file with SOCAN a statement estimating the attendance and the live music entertainment costs for the year covered by the licence, together with payment of 50 per cent of the estimated fee. The balance of the estimated fee is to be paid no later than October 1 of the same year.

No later than the earliest of 30 days of the close of the season and January 31 of the following year, the licensee shall file with SOCAN an audited statement setting out the total attendance and the live music entertainment costs for the year covered by the licence. SOCAN will then calculate the fee and submit a statement of adjustments.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 12.A does not apply to performances covered under Tariffs No. 4 or No. 5.

Tariff No. 13

PUBLIC CONVEYANCES

A. Aircraft (in 1998)

For a licence to perform in an aircraft, by means of recorded music, at any time and as often as desired in 1998, any or all of the works in SOCAN's repertoire, the fee payable for each aircraft shall be:

1.	Take-off and Landing Music	fee
	Seating Capacity Fee per Calendar Quarter
	0 to 100	$40.50
	101 to 160	$51.30
	161 to 250	$60.00
	251 or more	$82.50
2.	In-flight Music
	Seating Capacity Fee per Calendar Quarter
	0 to 100	$162.00
	101 to 160	$205.20
	161 to 250	$240.00
	251 or more	$330.00

The fees under this tariff shall be payable on March 31, June 30, September 30, and December 31.

Where fees are paid under Tariff No. 13.A.2, no fees shall be payable under Tariff No. 13.A.1.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Passenger Ships (in 1998 and 1999)

For a licence to perform in a passenger ship, by means of recorded music, at any time and as often as desired in 1998 and 1999, any or all of the works in SOCAN's repertoire, the fee payable for each passenger ship shall be:

$1 per person per year based on the passenger capacity of the ship, with a minimum fee of $60.

For passenger ships operating for less than 12 months in each year, the fee payable shall be reduced by one twelfth for each full month during the year in which no operations occur.

On or before January 31 of the year covered by the licence, the licensee shall report the capacity and pay the applicable fee to SOCAN.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

C. Railroad Trains, Buses and Other Public Conveyances, Excluding Aircraft and Passenger Ships (in 1998 and 1999)

For a licence to perform in railroad trains, buses and other public conveyances, excluding aircraft and passenger ships, by means of recorded music, at any time and as often as desired in 1998 and 1999, any or all of the works in SOCAN's repertoire, the fee payable shall be:

$1 per person per year based on the passenger capacity of the car, bus or other public conveyance, with a minimum fee of $60.

On or before January 31 of the year covered by the licence, the licensee shall report the capacity and pay the applicable fee to SOCAN.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 14

PERFORMANCE OF AN INDIVIDUAL WORK
(in 1998 and 1999)

For the performance, in 1998 and 1999, of an individual work or an excerpt therefrom by a performer or contrivance at any single event when that work is the sole work performed from the repertoire of SOCAN, the fee payable shall be as follows:

When the performance of the work does not last more than three minutes:

Potential Audience	Musical Group or Orchestra with or without Vocal Accompaniment	Single Instrument with or without Vocal Accompaniment
500 or less	$ 5.20	$ 2.65
501 to 1,000	$ 6.10	$ 4.00
1,001 to 5,000	$ 13.00	$ 6.50
5,001 to 10,000	$ 18.15	$ 9.10
10,001 to 15,000	$ 23.35	$11.70
15,001 to 20,000	$ 28.50	$14.25
20,001 to 25,000	$ 33.65	$16.85
25,001 to 50,000	$ 38.95	$17.00
50,001 to 100,000	$ 44.20	$22.10
100,001 to 200,000	$ 57.70	$25.90
200,001 to 300,000	$ 64.85	$32.40
300,001 to 400,000	$ 77.75	$38.85
400,001 to 500,000	$ 90.80	$45.40
500,001 to 600,000	$103.75	$51.80
600,001 to 800,000	$116.65	$57.95
800,001 or more	$129.60	$64.85

When the performance of a work lasts more than three minutes the above rates are increased as follows:

time	Increase %
Over 3 and not more than 7 minutes	75
Over 7 and not more than 15 minutes	125
Over 15 and not more than 30 minutes	200
Over 30 and not more than 60 minutes	300
Over 60 and not more than 90 minutes	400
Over 90 and not more than 120 minutes	500

If more than one work from SOCAN's repertoire is performed during any particular event, the fees shall be calculated under other applicable tariffs.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 15

BACKGROUND MUSIC IN ESTABLISHMENTS NOT COVERED BY TARIFF NO. 16

A. Background Music (in 1998)

For a licence to perform, by means of recorded music, at any time and as often as desired in 1998, any or all of the works in SOCAN's repertoire, in an establishment not covered by Tariff No. 16, the annual fee shall be $1.18 per square metre (10.96¢ per square foot), payable no later than January 31, 1998.

If no music is performed in January of the first year of operation, the fee shall be pro-rated on a monthly basis, calculated from the month in which music was first performed, and shall be paid within 30 days of the date on which music was first performed.

Seasonal establishments operating less than 6 months per year pay half the above rate.

In all cases, a minimum fee of $90.38 shall apply. The payment shall be accompanied by a report showing the area of the establishment.

This tariff does not cover the use of music expressly covered in Tariff Nos. 9 (Sports Events), 13 (Public Conveyances), 18 (Recorded Music for Dancing) and 19 (Fitness Activities).

Pursuant to subsection 69(2) of the Copyright Act, no royalties are collectable from the owner or user of a radio receiving set in respect of public performances effected by means of that radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

B. Telephone Music on Hold (in 1998 and 1999)

For a licence to communicate to the public by telecommunication over a telephone on hold, at any time and as often as desired in 1998 and 1999, any or all of the works in SOCAN's repertoire, in an establishment not covered by Tariff No. 16, the fee shall be:

$90.38 for one trunk line, plus $2 for each additional trunk line.

For the purposes of this tariff, "trunk line" means a telephone line linking the licensee's telephone switching equipment to the public telephone system and over which music is provided to a caller while on hold.

No later than January 31 of the year covered by the licence, the licensee shall pay the applicable fee to SOCAN and report the number of trunk lines.

Where fees are paid under Tariff No. 16, no fees shall be payable under Tariff No. 15.B.

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

Tariff No. 21

RECREATIONAL FACILITIES OPERATED BY A MUNICIPALITY, SCHOOL, COLLEGE OR UNIVERSITY
(in 1998 and 1999)

For a licence to perform, at any time and as often as desired in 1998 and 1999, any or all of the works in SOCAN's repertoire, in a recreational facility operated by a municipality, school, college or university, during recreational sporting activities, shows or events, including minor hockey, figure skating, roller skating, ice skating, and youth figure skating carnivals, the annual fee shall be $150 for the facility, if the gross revenues generated from admission to these events during the year do not exceed $12,500.

Payment of this fee shall be made on or before January 31 of the year covered by the licence. On or before January 31 of the following year, a report shall be submitted to SOCAN confirming that the gross revenues generated from the events covered by this tariff do not exceed $12,500.

A facility paying under this tariff is not required to pay under Tariff Nos. 7, 9 or 11 for the events covered in this tariff.

This tariff does not cover the use of music expressly covered in Tariffs 4 (Concerts), 8 (Receptions, Conventions, etc.), 11.B (Comedy Shows and Magic Shows) or 19 (Fitness Activities).

SOCAN shall have the right to audit the licensee's books and records, on reasonable notice and during normal business hours, to verify the statements rendered and the fee payable by the licensee.

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