"The Re:Sound webinar was an excellent introduction to a difficult topic. Kudos, to the CAPACOA team for the results of their negotiations."

Al Cushing, Yukon Arts Centre

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What you should know about Re:Sound and Neighbouring Rights

Who Re:Sound is

Re:Sound is the Canadian not-for-profit music licensing company dedicated to obtaining fair compensation for artists and record companies for their performance rights. Re:Sound was formed (as the Neighbouring Rights Collective of Canada - NRCC) following an amendment to the Copyright Act of Canada in 1997, and began collecting upon tariffs for broadcasters in that same year.

The Society of Composers, Authors, and Music Publishers of Canada (“SOCAN”) operates in a similar fashion, but collects and distributes royalties on behalf of the authors and publishers of music. Re:Sound and SOCAN are distinct and separate organizations representing different groups. Where recorded music is used publically, both Re:Sound and SOCAN licenses are required.

For more information on the different rights for the use of music, consult Music Canada’s Licensing Music – Who’s Who.

Re:Sound’s tariffs

Re:Sound’s tariffs are certified by the Copyright Board of Canada, an independent regulatory body that establishes the rates to be paid for the use of copyrighted works. Re:Sound tariffs are subject to a transparent certification process. All tariffs are proposed in the year prior to the first year that royalties are owed. This process often takes a number of years in order to complete before tariffs are certified. However, once certified by the Copyright Board, tariffs are legally enforceable and become payable back to the first year for which they were proposed.

Re:Sound issues blanket licences for recorded music use. These licences are designed to account for all recorded music used, and prevent the need for individual agreements with every artist and record company whose recorded music is  used. To this end, Re:Sound tariffs are both economical and efficient.

When a licence is required

Anytime that a published sound recording is used in your venue or at events held by your organization, a Re:Sound licence is required. Re:Sound only licences the public performance of a published sound recording. No Re:Sound licence is necessary for the performance of live music. No Re:Sound license is necessary for the performance of a sound recording that was commissioned to accompany a live performance (i.e., incidental music composed and recorded specifically for a play) and that was not published by a record company.

Which Re:sound licences may be required

The following are tariffs that may apply to performing arts organizations:

  • Tariff 3, Background Music Use
  • Tariff 5.K/A, Recorded Music to Accompany Live Events
  • Tariff 5.B, Recorded Music to Accompany a Reception, Convention, Assembly, or Fashion Show
  • Tariff 5.D, Festivals, Exhibitions, and Fairs
  • Tariff 5.I, Comedy and Magic Shows

The above list does not represent an exhaustive list of applicable tariffs, just as a single organisation may not require licensing under all of the above.

While Re:Sound performs extensive outreach to inform businesses of their licensing obligations, it is the responsibility of the organization to obtain the proper licence(s) for the particular use of music in its course of business. All Re:Sound tariffs are certified by the Copyright Board of Canada, and are legally enforceable. 

CAPACOA members and members of affiliate presenting networks are subject to special remittance conditions pursuant to an agreement between CAPACOA and Re:Sound.  For more information, attend one of our webinars or contact Frédéric Julien.

How the funds are distributed

The revenue generated from Re:Sound’s tariffs go directly to its rights holders in Canada and throughout the world through five members collectives (ACTRA RACS, ARTISTI, MROC, CONNECT and SOPROQ), and through reciprocal agreements with copyright collectives in other countries, Re:Sound distributes income to thousands of labels and artists.

For more information

For additional information on Re:Sound and its tariffs, please consult Re:Sound’s website or information located on the Copyright Board’s website. If you have any questions, please do not hesitate to contact Re:Sound’s Licensing department at 1-877-309-5770 or at licensing@resound.ca.

 
Re:Sound - Music licensing, simplified