September 28, 2012 – CAPACOA and PACT initiate discussions with Re:Sound regarding retroactive licensing.
Re:Sound, a new copyright collective that collects royalties for use of recordings under the “neighbouring rights” provisions of the Copyright Act, is beginning to collect royalties for a new range of uses. Some CAPACOA members have now received letters requesting retroactive payments be made by October 1.
The focus of this current licensing push is Tariff No. 5: Use of Music to Accompany Live Events (Parts A to G) for the period 2008 to 2012. This tariff includes a variety of ways in which recorded music could have been used in presenting venues. For example, 5A is for the use of recorded music in cafes; 5B is for use during receptions such as weddings and fashion shows. It is possible that you have received letters citing other tariffs such as Tariff No. 3: Use and Supply of Background Music or Tariff No. 6.A: Use of Recorded Music to Accompany Dance. Understandably, presenters and venue managers who have received demands for payment may be concerned or confused.
These “secondary” uses are complementary to grand rights and will be in addition to SOCAN licenses, and as such may have a financial impact on presenters if their venue/show has used recorded music in the manner defined by the tariff in question. At this time, it is not clear whether CAPACOA members, substantially non-profit and charitable organizations, are subject to these tariffs as defined.
CAPACOA, along with PACT, is working towards a solution to Re:Sound’s demands for retroactive licensing and have contacted Re:Sound to initiate discussions.
Director of Licensing
1235 Bay Street, Suite 900
Toronto, ON M5R 3K4
Dear Martin Gagnier,
We are in receipt of Re:Sound’s letter dated ________ regarding Tariff _________.
__________ is a member of the Canadian Arts Presenting Association (CAPACOA). CAPACOA regularly represents its members in the areas of advocacy and collective bargaining where a collective approach ensures fair and equitable results for both artists and theatre management.
We understand that CAPACOA has contacted Re:Sound to discuss appropriate licensing options for uses of recorded music by CAPACOA presenter members. As a CAPACOA member, we look forward to a successful outcome to these discussions.
In the interim, please direct further correspondence and any questions to Erin Benjamin, Executive Director, CAPACOA.
cc: Erin Benjamin, CAPACOA – firstname.lastname@example.org
CAPACOA, together with PACT, also submitted objections to new and revised Re:Sound tariffs to the Copyright Board of Canada in August. Given the currently high level of activity at the Copyright Board, it may be some time before a hearing is scheduled. We will keep you apprised.
With thanks to PACT for the sharing and use of their advocacy brief.
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