Supplement, Vol. 134, No. 38 — September 16, 2000

COPYRIGHT BOARD

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

Statement of Royalties to be Collected for the Public Performance or the Communication to the Public 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 Tariff No. 9 (Sports Events) for the years 1998, 1999, 2000 and 2001.

Ottawa, September 16, 2000

CLAUDE MAJEAU
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
(613) 952-8621 (Telephone)
(613) 952-8630 (Facsimile)
cb-cda@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. 9

SPORTS EVENTS
(in 1998, 1999 and 2000)

For a licence to perform, at any time and as often as desired in 1998, 1999 and 2000, 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 baseball, football, hockey, basketball, skating competitions, races, track meets and other sports events, the fee payable per event is calculated based on the number of tickets sold and the following rates, subject to a minimum fee of $19 per event:

Average Ticket Price	Amateur Sports	Professional Sports (other than Major League)	Major League Sports
$10.00 and under	0.25¢	0.30¢	0.75¢
$10.01 to $20.00	0.30¢	0.35¢	0.80¢
$20.01 to $30.00	0.35¢	0.40¢	0.85¢
$30.01 to $40.00	0.40¢	0.45¢	0.90¢
Over $40.00	0.45¢	0.50¢	0.95¢

"Average ticket price" means the average ticket price of all tickets sold for the event, including season tickets, net of all applicable taxes and applicable local capital reserve charges.

Where no admission fee is charged, the minimum fee 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.

Tariff No. 9

SPORTS EVENTS
(in 2001)

For a licence to perform, at any time and as often as desired in 2001, 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 baseball, football, hockey, basketball, skating competitions, races, track meets and other sports events, the fee payable for each event shall be the lowest of

(a) 0.05 per cent of gross receipts from ticket sales, exclusive of sales and amusement taxes, or

(b) twice the amount that would have been payable pursuant to Tariff No. 9 in the year 2000.

For the purposes of paragraph (a), a complimentary ticket is valued at half the lowest price paid for a sold ticket from the same ticket category in the same event.

The fee payable for an event to which the admission is free is $5.

A licence to which Tariff No. 9 applies does not authorize performances of music at opening and closing events for which an additional admission charge is made; for such events, 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.

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