Supplement, Vol. 133, No. 33 — August 14, 1999

COPYRIGHT BOARD

FILE: Public Performance of Sound Recordings 1998-2002

Statement of Royalties to be Collected for the Public Performance or the Communication to the Public by Telecommunication, in Canada, of Published Sound Recordings Embodying Musical Works and Performer's Performances of Such 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 Neighbouring Rights Collective of Canada (NRCC) for the public performance or the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and performer's performances of such works in respect of Tariff No. 1.A (Commercial Radio) for the years 1998, 1999, 2000, 2001 and 2002.

Ottawa, August 14, 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 TO BE COLLECTED BY THE NEIGHBOURING RIGHTS COLLECTIVE OF CANADA (NRCC) FOR THE PUBLIC PERFORMANCE OR THE COMMUNICATION TO THE PUBLIC BY TELECOMMUNICATION, IN CANADA, OF PUBLISHED SOUND RECORDINGS EMBODYING MUSICAL WORKS AND PERFORMER'S PERFORMANCES OF SUCH WORKS IN 1998, 1999, 2000, 2001 AND 2002

GENERAL PROVISIONS

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

Tariff No. 1

RADIO

A. Commercial Radio

Short Title

1. This tariff may be cited as the Neighbouring Rights Commercial Radio Tariff, 1998-2002.

Definitions

2. In this tariff,

"Act" means the Copyright Act;

"advertising revenues" has the meaning ascribed to this expression by the Regulations Defining "Advertising Revenues", SOR 98-447, Canada Gazette Part II, Vol. 132, No. 19, p. 2589;

"all-talk station" means a station which

(a) devotes its entire daily programming schedule to spoken word programming and plays only production music during the reference month, and

(b) keeps and makes available to NRCC complete recordings of its last 90 broadcast days;

"low-use station" means a station that

(a) broadcasts works in the repertoire of the Society of Composers, Authors and Music Publishers of Canada (SOCAN) for less than 20 per cent of its total broadcast time (excluding production music) during the reference month, and

(b) keeps and makes available to NRCC complete recordings of its last 90 broadcast days;

"production music" means music used in interstitial programming such as commercials, public service announcements and jingles;

"reference month" means the second month before the month for which royalties are being paid;

"year" means a calendar year.

Application

3. This tariff sets the royalties to be paid each month by commercial radio stations, pursuant to section 19 of the Act, as equitable remuneration for the communication to the public by telecommunication of published sound recordings of musical works.

4. This tariff is subject to the special and transitional royalty rates set out in subsection 68.1(1) of the Act.

Royalties

5. (1) An all-talk station shall pay $100.

(2) A low-use station shall pay 0.64 per cent of its advertising revenues during the reference month.

(3) Any other station shall pay 1.44 per cent of its advertising revenues during the reference month.

ADMINISTRATIVE PROVISIONS

6. No later than the first day of each month, the station shall pay the royalties for that month and report the station's advertising revenues for the reference month.

Sound Recording Use Information

7. (1) Upon receipt of a written request from NRCC, a station shall provide to NRCC, with respect to all sound recordings broadcast by the station during the days selected by NRCC:

(a) the date and time of broadcast;

(b) the title of the sound recording, the name of the performers and/or performing groups and the record label.

(2) The information shall be provided in electronic format where possible, otherwise in writing, no later than 14 days after the end of the month to which they relate.

(3) NRCC may request information pursuant to subsection (1) with respect to no more than 14 days in any given year.

Accounts and Records

8. (1) A station shall keep and preserve, for a period of six months after the end of the month to which they relate, records from which NRCC can readily ascertain information requested pursuant to section 7.

(2) A station shall keep and preserve, for a period of six years after the end of the year to which they relate, records from which NRCC can readily ascertain the station's advertising revenues.

(3) NRCC may audit these records at any time during the period set out in subsection (1) or (2), as well as the broadcast day recordings of an all-talk station or a low-use station, on reasonable notice and during normal business hours.

(4) If the audit of a station discloses that the royalties due to NRCC have been understated in any month by more than ten per cent, the station shall pay the reasonable costs of audit within 30 days of the demand for such payment.

Confidentiality

9. (1) Subject to subsections (2) and (3), NRCC shall treat in confidence information received from a station pursuant to this tariff, unless the station consents in writing to the information being treated otherwise.

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

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

Adjustments

10. Adjustments in the amount of royalties owed by a station (including excess payments), as a result of the discovery of an error or otherwise, shall be made on the date the station's next royalty payment is due.

Interest on Late Payments

11. Any amount not received 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 percent. Interest shall not compound.

Addresses for Notices, etc.

12. (1) Anything that a station sends to NRCC shall be sent to 540 Mount Pleasant Road, Suite 203, Toronto, Ontario M4S 2M3, or to any other address of which the station has been notified.

(2) Anything that NRCC sends to a station shall be sent to the last address of which NRCC has been notified.

Delivery of Notices and Payments

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

(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 telecopier shall be presumed to have been received the day it is transmitted.

Transitional Provisions

14. (1) Any amount payable for any given month before October 1999 shall be due on September 31, 1999, and shall be increased by using the multiplying factor set out in the following table with respect to that month.

TABLE OF MULTIPLYING FACTORS
January 1998	1.08922
February 1998	1.08505
March 1998	1.08088
April 1998	1.07671
May 1998	1.07254
June 1998	1.06837
July 1998	1.06420
August 1998	1.06003
September 1998	1.05503
October 1998	1.05024
November 1998	1.04566
December 1998	1.04128
January 1999	1.03690
February 1999	1.03252
March 1999	1.02814
April 1999	1.02397
May 1999	1.01980
June 1999	1.01584
July 1999	1.01188
August 1999	1.00792
September 1999	1.00396

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