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Scope: The proposed tariff applies to the use of musical works in SOCAN’s repertoire in connection with the operation of an online music service, including in music videos, in 2014 to 2018.
Amendment: SOCAN will apply to the Copyright Board of Canada to limit the scope of the proposed tariff to apply only to on-demand streams and recommended streams, including streams by a hybrid service, of music videos (as these terms are defined in the proposed tariff).
If the Copyright Board approves SOCAN’s application, the proposed tariff would exclude audio-only online music services.
Audio-only tariff is not necessary: SOCAN is taking this step because it has made arrangements with all users who are known to have operated audio-only online music services in Canada during the tariff period, which is long expired, and to whom the proposed tariff would have applied absent the arrangements. As a result, a tariff for those audio-only uses is no longer necessary.
The amendment would promote efficiency for SOCAN and its members by avoiding any further steps in connection with the Copyright Board’s examination of the audio-only portion of the proposed tariff, including the possibility of judicial review proceedings, when such a retroactive tariff is no longer necessary. It would also allow SOCAN to continue to dedicate its efforts and resources to the best interests of its members.
For additional information, please consult the Notice of Intent to Amend (below) and direct any inquiries to firstname.lastname@example.org.
Notice of Intent to Amend SOCAN Proposed Tariff 22.A (2014-2018)
February 22, 2023
Please be advised that SOCAN intends to make an application to the Copyright Board of Canada, under paragraph 69(b) of the Copyright Act, to amend the following proposed tariffs:
SOCAN has made arrangements covering all users known to have operated audio-only online music services in Canada during the effective period of the Proposed Tariffs. As a result, a tariff for those uses is no longer necessary. Therefore, SOCAN will request that the Proposed Tariffs be amended so that their scope is limited to the use of musical works embodied in music videos in connection with the operation of an online music service and its authorized distributors.
Specifically, SOCAN will request that all of the acts set out in the Proposed Tariffs be excluded from the approved tariff for the entire proposed effective period, other than the on-demand streams and the recommended streams, including such streams by a hybrid service, of music videos (as these terms are defined in the Proposed Tariffs).
SOCAN intends to make the application to amend the Proposed Tariffs during or after the week of March 26, 2023. The Proposed Tariffs can be accessed on the Copyright Board of Canada’s website at the links set out above.
For the avoidance of doubt, this Notice of Intent to Amend does not affect any other proposed tariff, including the other proposed tariffs under consideration in the Online Music Services [SOCAN: 2007-2018] proceeding, which are as follows:
- SOCAN Tariff 22.2 – Audio Webcasts (2007, 2008);
- SOCAN Tariff 22.B – Internet – Other Uses of Music – Audio Webcasts (2009, 2010, 2011, 2012, 2013);
- SOCAN Tariff 22.B – Internet – Other Uses of Music – Commercial Radio; Satellite Radio and Pay Audio (2014, 2015, 2016, 2017, 2018); and
- SOCAN Tariff 22.C – Internet – Other Uses of Music – Other Audio Websites (2014, 2015, 2016, 2017, 2018).
Accordingly, this Notice of Intent to Amend does not apply to activities covered by any such tariff, including, without limitation, simulcasting activities of commercial radio stations; simulcasting and “near simulcasting” activities of pay audio services; and Internet activities of satellite radio services, non-commercial radio stations and the CBC.
For additional information, please direct inquiries to email@example.com.
This constitutes a public notice under section 69.1 of the Copyright Act.