Part INoticeVolume 158, Number 41Published: October 12, 2024
Erratum: SOCAN Tariff 4.A Corrections
Canada Gazette, Part I, Volume 158, Number 41: SUPPLEMENT
COPYRIGHT BOARD
Key facts
- Published
- October 12, 2024
- Comment deadline
- Unclear
- Effective date
- Unclear
Summary#
This is an erratum published by the Copyright Board on October 12, 2024 that fixes wording errors in a previously published supplement from May 4, 2024 about SOCAN Tariff 4.A – Popular Music Concerts (2018-2024). The corrected notice replaces two terms in the French and English texts and republishes the tariff language that sets how fees for live popular-music concerts are calculated and reported.
What it does#
- Replaces the French term “lounges” with foyers in the French version of the notice.
- Replaces the English phrase “royalty fees” with the word fees where it corresponds to the French term cachets (payments to performers).
- Publishes the corrected text of SOCAN Tariff 4.A – Popular Music Concerts (2018-2024), which:
- Defines a “Free concert” and clarifies that featured DJs count as performers.
- Covers live, in-person performances at concert halls, theatres and other entertainment places, including open-air events.
- Says the tariff also applies to lip-synching or miming.
- Excludes communication over the internet, and live performances in places such as cabarets, cafes, clubs, cocktail bars, dining rooms, foyers, restaurants, roadhouses and taverns, and excludes events where recorded music is played mainly for dancing.
- Sets the payment rules:
- Per-event option: 3% of gross ticket receipts for paid concerts, or 3% of fees paid to performers for free concerts, with a minimum of $35 per concert.
- Annual option: 3% of gross ticket receipts or performers’ fees, with a minimum annual fee of $60.
- Requires reporting and payment timelines: for per-event, pay and report within 30 days after the concert; for annual, estimate and pay by January 31, with a final report and adjustment by January 31 of the following year.
- Allows SOCAN to audit users’ records and sets interest on late payments at 1% above the Bank Rate (as published by the Bank of Canada), calculated daily and not compounded.
Who's affected#
- Organizers and promoters of live popular-music concerts in concert halls, theatres and similar venues.
- Venue owners and operators that host ticketed or free concerts (including open-air events and festivals).
- Performers, including featured DJs, whose fees can be used to calculate payments under the tariff.
- SOCAN, as the rights organization collecting the fees.
- Less directly affected: restaurants, bars and clubs that are listed as excluded — they are not covered by this tariff.
If it’s unclear who is affected in a specific case (for example, mixed-use venues or non-traditional events), the corrected wording may make the intended coverage easier to interpret.
Why it matters#
- The erratum fixes wording that could cause confusion between payments made to performers and SOCAN’s fees. That matters because it affects how organizers calculate what they owe.
- The tariff sets clear percentages and minimums (3%, $35, $60) and deadlines (30 days, January 31) that affect the cost and paperwork of running live concerts.
- Clarifying the list of excluded places (including the corrected French term foyers) helps venue operators know whether this tariff applies to them.
- The correction reduces ambiguity between the English and French texts, which can prevent disputes over interpretation or unexpected charges.
Key topics
Copyright ActCopyright BoardSOCAN Tariff 4.A – Popular Music ConcertsSOCANTariff 4.A.1Tariff 4.A.2DJsfoyerscachetsroyalty feeslive musicBank of Canadaconcert promoters
Source: Canada Gazette