Stingray Pay Audio Tariff (2007–2016)

Summary#

This is the Copyright Board’s published tariff called Re:Sound and SOCAN — Stingray Pay Audio and Ancillary Services Tariff (2007–2016). It sets how much music-rights societies and service operators must exchange for Stingray’s pay audio, simulcast and certain webcasting services and it was published on May 29, 2021.

What it does#

• It fixes royalties and reporting rules for Stingray’s services between 2007–2016.
  • The tariff covers musical works (SOCAN) and sound recordings/performances (Re:Sound).
• It sets formulas for how much a distribution company (for example, a cable or satellite operator) owes when it carries Stingray channels. The tariff uses a computed “pay audio affiliation payment” based on what services were provided and how much the distributor paid Stingray.
• It sets specific royalty rates:
  • SOCAN pay-audio/simulcast rates decline from 12.45% (2010) to 9.96% (2016) for the affiliation payment.
  • SOCAN semi-interactive webcasts are charged 5.3% of the affiliation payments for such services (for 2007–2016).
  • Re:Sound pay-audio/simulcast rates range (for 2010–2016) from 5.85% (2010) up to 6.88% (2015) and 6.60% (2016) for some years.
  • Re:Sound semi-interactive webcast rates (for 2013–2016) are 2.49%, 2.87%, 3.51%, 3.51% by year.
  • For some early years, certain simulcast royalties were set at $0 (for example SOCAN simulcasts in 2007–2009 and Re:Sound simulcasts in 2009).
• It requires distribution undertakings to send detailed reports with each payment. Reports must include the list of signals carried, the amounts paid to Stingray, the computed affiliation payment, the number of premises served, and an electronic playlist with detailed metadata for each track where available.
• It requires record-keeping and allows SOCAN or Re:Sound to audit those records.
• It sets deadlines and penalties:
  • Royalties are normally due on the last day of the month following the payment period.
  • Yearly reporting must be provided by January 31 after each calendar year.
  • For payment periods that ended before the tariff was published, royalties and reports were due 90 days after the Tariff publication date.
  • Late amounts bear interest calculated daily at a rate equal to 1% above the Bank Rate; interest does not compound.
• Retention periods:
  • Playlist-level records must be kept for 6 months.
  • Royalty-related records must be kept for 6 years.

Who's affected#

• Stingray (the service operator) — because the tariff covers its pay audio, simulcast and certain webcast services.
• SOCAN and Re:Sound (the two music-rights collectives) — their royalty shares and reporting standards are established here.
• Distribution companies (cable, satellite, some small cable systems, and other undertakings that carried Stingray channels) — they must calculate and pay royalties and provide detailed reporting.
• Small cable transmission systems are treated differently in some calculations (calendar-year payment period and a reduced base for certain affiliation payments).
• Artists, songwriters and record labels — indirectly affected because the tariff determines how royalties are calculated and distributed for plays on these Stingray services.
• Consumers are not directly charged by this document, but distribution-company costs and reporting could affect commercial decisions about which services are offered.

Why it matters#

• This tariff decides how much broadcasters and distributors owed for music played on Stingray’s pay channels between 2007–2016. That affects how revenues flow to songwriters, performers and record owners represented by SOCAN and Re:Sound.
• It imposes significant reporting requirements. Distribution companies need good playlist and payment records to comply, or face audits, interest and possible repayment.
• Where records were missing for older periods, the tariff gives rules for estimating what was owed and applies interest and deadlines (including a 90‑day catch-up window after publication).
• For businesses that carried Stingray services, this clarifies past financial obligations and audit exposure for the years covered.