Guidance on New Neighbouring Rights Tariffs For the Use of Recorded Music at Live Events

Several new Re:Sound tariffs were certified in September 2017. As a result, multi-disciplinary presenters and performing arts venue managers may find themselves having to deal with multiple tariffs. In order to keep things simple for multi-disciplinary presenters, CAPACOA is suggesting to its members (and to members of affiliate networks) this simplified decision tree.

This decision first determines the type of live events, then differentiates background music and music as part of a performance.

Other Tariffs for Specialized Presenting

Organizations that present a single discipline or a single type of event may be subject to other, discipline-specific, live events tariffs, such as:

Re:Sound 5.E – Circuses, Ice Shows, Fireworks Displays and Similar Events
Re:Sound 5.I – Comedy and Magic Shows
Re:Sound 5.J – Concerts

Other Kinds of Uses

Performing arts venues and presenting organizations may also be subject to other Re:Sound tariffs for other events and activities where published recorded music is being played (but that do not involve a live performance), including:

Re:Sound 5.B – Receptions, Conventions, Assemblies and Fashion Shows (with or without dance)
Re:Sound 5.C – Karaoke
Re:Sound 6.A – Dance (if you operate a dance club or hold dance events on a regular basis)
Re:Sound 6.B – Fitness Activities (including dance classes)

How to Report?

Members of CAPACOA (and members of affiliate networks) may continue to use this PDF reporting form if they desire. Others should report using Re:Sound’s online reporting form.

Who’s Responsible for Reporting (and Paying)?

All parties involved in a given use of published recorded music are jointly liable according to the Copyright Act. This being said, in order to minimize the administrative and financial burden of licensing, it is most efficient if reporting and remitting is handled by the largest licensee – usually this will be the venue.

In the case of rental performances and receptions, licence fees may – and most often should – be passed on by the venue to the rental client.

Note for Municipal Presenters

Municipalities may have a licencing arrangement with Re:Sound. If you are a municipally-owned presenting organization, check with your accounting department.

 

Guidance prepared by:

Frédéric Julien
CAPACOA
January 9, 2018