Update on Re:Sound Negotiations

October 16, 2013 - CAPACOA’s negotiations continue with Re:Sound after many months of positive dialogue regarding neighbouring rights for the use of recorded music.

In August, following consultation with the law firm of Heydary Hayes and many presenters and arts service organizations, CAPACOA submitted two proposals to Re:Sound: a proposal for amendments on the proposed tariffs for 2013-2015 and a proposal for settlement on the retroactivity of the certified tariffs. These proposals highlighted issues of concern and made several specific recommendations regarding Tariffs 3 – Use and Supply of Background Music and Tariff 5 – Use of Recorded Music to Accompany Live Events. These included suggested amendments pertaining to simplification of tariff structures (including merging several tariffs into a single Tariff 5.A for use of music as part of live entertainment), standardization of fees (including recalibration of fee table for Tariff 5.D for festivals, exhibition and fairs), and reduction of fees where proposed increases didn’t seem justified. These recommendations are based on solid rationale and would ensure greater compliance among presenters who require Re:Sound licences.

In its initial response, Re:Sound has indicated that it is considering CAPACOA’s proposal and wants to work with CAPACOA to create tariffs that take into account the concerns of CAPACOA’s membership and are fair and easy to administer for the performing arts community, Re:Sound, and the rights holders it represents.

“CAPACOA has been vital to the broader discussion, helping to bring a broad group of stakeholders to the table, something we very much appreciate. This conversation will ultimately simplify things for their members - their leadership has been key to help ensure a positive outcome on behalf of the presenting sector.”
Martin Gangnier, Director of Licensing – Re:Sound, about CAPACOA’s proposals.

CAPACOA anticipates a forthcoming response from the legal team at Re:Sound and we are optimistic that final decisions – made in the best interests of all parties – will be made before the end of December 2013.



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