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Vol. 145, No. 4 — January 22, 2011

COPYRIGHT BOARD

FILES: Public Performance of Musical Works; Public Performance of Sound Recordings; Reproduction of Musical Works; Reproduction of Sound Recordings; Reproduction of Performers’ Performances

Statement of Royalties to Be Collected by SOCAN, Re:Sound, CSI, AVLA/SOPROQ and ArtistI in Respect of Commercial Radio Stations

Notice is hereby given that there are errors in the Commercial Radio Tariff (SOCAN: 2008-2010; Re:Sound: 2008-2011; CSI: 2008-2012; AVLA/SOPROQ: 2008-2011; ArtistI: 2009-2011) in the Copyright Board supplement published in the Canada Gazette, Part I, Vol. 144, No. 28, on Saturday, July 10, 2010.

In the definition of “gross income” at section 2, paragraph (e) is removed. The word “and” at the end of paragraph (d) is removed. The following text is added after paragraph (d): “In the case of CSI, this definition is understood to include any income from simulcast; (« revenus bruts »)”.

For ease of reference, the corrected version of the definition of “gross income” can be found on the next page.

Ottawa, January 22, 2011

GILLES MCDOUGALL
Acting Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
613-952-8624 (telephone)
gilles.mcdougall@cb-cda.gc.ca(email)

Definitions

2. In this tariff,

“gross income” means the gross amounts paid by any person for the use of one or more broadcasting services or facilities provided by a 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, including the gross amounts received by a station pursuant to turn-key contracts with advertisers, shall be included in the “gross-income”;
  • (b) amounts received for the production of a program that is commissioned by someone other than the station 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 station can establish that the station was also paid normal fees for station time and facilities; and
  • (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”.

In the case of CSI, this definition is understood to include any income from simulcast; (« revenus bruts »)