March 3, 2014
CAPACOA continues to lead the way in working with Re:Sound to define simple, efficient and fair neighbouring rights tariffs for presenters and rights holders.
Since receiving Re:Sound’s latest proposal, we have held several consultations. Besides meeting with some of you at the CAPACOA conference, we also held consultations with other Re:Sound objectors and with arts service organizations in order to solicit feedback on what satisfactory tariffs could look like for the sector at large. We are now in the process of providing answers to questions raised by the Copyright Board, and we look forward to making significant progress at our next meeting with Re:Sound.
Today we would like to share important information regarding Tariff 5.B (Receptions, Conventions, Assemblies and Fashion Shows) for all our members who rent their venue(s) for receptions.
Tariff 5.B (Receptions, Conventions, Assemblies and Fashion Shows) is an important tariff for any organization that rents its venue(s) for receptions, weddings and other similar events. This tariff was already certified by the Copyright Board for 2008-2012, and had been submitted for renewal with significant increases. CAPACOA argued that these increases were not justified and we remain confident that the Tariff will be renewed at the same rate for the period 2013-2015. Even without any increase, the royalties for Tariff 5.B remain significant – ranging from $9.25 to $78.66 per event depending on room capacity and on whether or not there is dancing – and they should be borne by the reception rental client, not the rental facility.
We therefore advise CAPACOA members to immediately start passing on royalties for Tariff 5.B (Receptions, Conventions, Assemblies and Fashion Shows) licenses to their rental client for eachreception where recorded music is being played. No licensing is required if no recorded music is being played.
Your quotes and invoices to rental clients should include an item for “Royalties to be paid to Re:Sound, for the benefit of artists and record companies, for the use of published sound recordings to accompany live events (Tariff 5.B)”. If rental clients request further information about this Tariff, they should be explained that this Tariff was certified by the Copyright Board of Canada, as per the Copyright Act, and is payable to Re:Sound, a copyright collective society that administers neighbouring rights on behalf of recording artists and record companies. The Tariff as certified in the Canada Gazette can be read at:http://www.resound.ca/en/docs/Tariff-5.pdf.
The royalties you will collect thusly from your rental clients should be paid to Re:Sound using this form:http://www.resound.ca/en/docs/form_T5B_quarterly.xls. The reporting requirements under the Tariff state that a payment should be issued no later than 30 days after the end of each quarter. However, if you anticipate that the royalties payable for a full year will be lower than $500, Re:Sound should be agreeable to receiving a single payment per year no later than January 30th of each year.
Similarly, you should also be passing on to your rental clients royalties payable under SOCAN Tariff 8 (Receptions, Conventions, Assemblies, Fashion Shows). Information on this SOCAN Tariff can be found athttp://www.socan.ca/licensees/music-use.
We look forward to sharing more outcomes from our negotiations with Re:Sound soon. If you have any questions please contact Erin Benjamin or call: 613.562.3515.