I’ve been contacted by a third-party administrator suggesting I need to enlist their services to collect missed or unclaimed performing or reproduction rights royalties owed to me from around the world. What do I do?+
Make sure you are informed. If you are a SOCAN member or client and have registered your works with SOCAN we will collect ALL performing and/or reproduction rights royalties owed to you. We do this on your behalf through our reciprocal agreements with other Music Rights Organizations around the world. It is important to keep your catalogue up to date with any new work registrations and/or notify SOCAN of any new publishing agreements. Be sure to notify SOCAN of international uses of your works, and it’s always a good idea to review your statements. Call or email us if you have any questions, and we’ll be sure to investigate, on your behalf, any unclaimed royalties that may be owed to you.
Do I pay GST / HST on my royalties?+
SOCAN members do not pay GST/HST on their SOCAN royalties. SOCAN collects the GST/HST from the music users (licensees) and remits it directly to the government. Therefore, no GST/HST is either paid with or deducted from your quarterly royalties. SOCAN is registered under the Artist Representative (GST/HST) Regulations of the Excise Tax Act, which means it is in charge of collecting and remitting GST/HST to the government on behalf of our members. If you are questioned by Revenue Canada personnel, you should remind the representative of subsection 177(2) and the “Artists’ Representative (GST) Regulations” (SOR/91-25) of the Excise Tax Act. If you have any other tax related questions, we recommend that you consult an accountant.
Are there separate radio statements for census, survey and CBC?+
No. All radio performances appear on one radio statement. Census, survey and CBC performances are distinguished as RCEN, RSUR or RCBC. If you have online statements, you will be able to drill down to see further details for each performance (e.g., the specific station).
Does SOCAN charge a processing fee on incoming international royalties?+
No processing fees are charged on incoming money received from international societies.
How do I know where my music was played?+
Your quarterly distribution statement includes information about the source of domestic radio, television, and live music performances.
Does SOCAN issue advance royalty payments to members?+
Yes. SOCAN does offer advances to qualifying members upon request. Advances are based on a consideration of a member’s past earning history, and the confirmation of any significant amount of money expected to be earned in the very near future.
How are royalties divided among co-writers, band members, producers and others?+
Tell us how you want the royalties allocated, and we’ll make sure the royalties are sent in the percentages you’ve agreed to.
How often are performing royalty payments made?+
SOCAN makes royalty payments of $0.25 or more to its members on a quarterly basis, beginning February 15 of each calendar year. Members earning less than $500 per distribution quarter will only be paid through direct deposit into their accounts. Members who earn more than $500 in a quarter have the option of receiving their earnings by direct deposit or cheque.
Can I claim performance royalties if I’m arranging, orchestrating, transcribing or adapting a public domain work?+
Yes. You can claim shares if the work is in the public domain. SOCAN's distribution rules provide for credits that may vary depending upon the nature of the arrangement.
How far back can I claim royalties?+
This depends on the policies of the PRO in the territory of use. However, three years is the standard set by CISAC (the International Confederation of Societies of Authors and Composers). The sooner you notify SOCAN of a potentially missed payment, the better the chances are that we can recover those royalties for you.
What is SOCAN’s claim process?+
Once we receive notification from a member that they’ve not been paid for a use of music that they’ve created, we check that the type of performance being reported is payable in the applicable territory. Different territories have different distribution rules, and not all performances may be payable. If the use appears to be payable, we then check to see if we’ve received payments from the relevant performing rights organization (PRO) from the period covering the performance date. Most international PROs pay us at least one quarter behind our own distributions, and some, especially the smaller ones, may only pay us once a year, or less. If the performance should have been paid and the time-frame it was due has passed, or if it’s not clear whether the PRO pays on that particular performance type, we then submit a claim with that PRO. We send the relevant information provided by the member, along with a copy of the work registration, and request payment. We continue to follow up on these claims until either payment is received, or we receive a satisfactory answer as to why it cannot be paid, from the PRO.