Part INoticeVolume 157, Number 48Published: December 2, 2023

Re:Sound Streaming Tariff 2013–2018

Canada Gazette, Part I, Volume 157, Number 48: SUPPLEMENT 1

COPYRIGHT BOARD

Key facts

Published
December 2, 2023
Comment deadline
Unclear
Effective date
Unclear

Summary#

This Canada Gazette item publishes the Re:Sound Non-Interactive and Semi-Interactive Streaming Tariff, 2013–2018. It sets the per-play royalty rates, reporting rules and payment timing that streaming services must follow for non-interactive and semi-interactive audio streams from 2013 through 2018.

What it does#

  • Sets per-play royalty rates for different time periods:
    • For streams from January 1, 2013 to August 12, 2014:
      • $0.000131 per file for streams by the Canadian Broadcasting Corporation (CBC).
      • $0.000102 per file for non-interactive streams by other services.
      • $0.000089 per file for semi-interactive streams by other services.
    • For streams from August 13, 2014 to December 31, 2017:
      • $0.000193 per file for all services.
    • For streams from January 1, 2018 to December 31, 2018:
      • $0.000208 per file for all services.
  • Requires a minimum annual fee of $100 per service.
  • Exempts a single initial free trial of up to 31 days in any 12‑month period from royalties.
  • Requires monthly reporting of detailed track-level data (titles, performers, IDs like ISRC/ISWC, play counts, running times, etc.) and service identification information. Reports must be provided electronically.
  • Sets payment timing and interest:
    • Royalties are due 45 days after the end of the month being reported.
    • Late amounts carry interest at 1% above the Bank Rate (Bank of Canada), calculated daily, not compounded.
  • Requires services to keep records for six years, and allows Re:Sound to audit those records. If underpayments exceed 10%, the audited service must pay the audit costs.
  • Includes transitional rules saying amounts owed are due on March 4, 2024, and must be increased using published interest factors; reports under the identification and music-use sections are also due March 4, 2024.

Who's affected#

  • Streaming services that offered non-interactive or semi-interactive streams in Canada between 2013 and 2018. This includes both commercial services and the Canadian Broadcasting Corporation where specifically noted.
  • The tariff does not apply to:
    • On-demand streams, downloads, podcasts, or background music services.
    • Certain simulcasts (for example, some over‑the‑air radio simulcasts listed in the text).
    • Semi-interactive services already covered by other specific tariffs (e.g., the Stingray pay-audio tariff referred to in the text).
  • Smaller non-commercial or campus webcasters may appear in the rules (they are defined), but the notice distinguishes non-commercial webcasters in definitions and exclusions; it is unclear from the summary alone exactly which small webcasters will be obliged to pay under every clause — affected services should read the tariff text for details.

Why it matters#

  • The per-play amounts are very small, but they apply per streamed file and across millions of plays they can add up to significant royalty bills and back payments for services that operated during 2013–2018.
  • Services must provide detailed monthly metadata and keep records for six years, which has practical implications for bookkeeping and tech systems.
  • There is a payment and reporting deadline of March 4, 2024 for outstanding amounts and required reports from those past years, plus interest. That creates an immediate compliance and cash-flow issue for services that have not yet submitted reports or paid.

Key topics

Re:Sound Non-Interactive and Semi-Interactive Streaming TariffRe:SoundCopyright ActCopyright BoardCanadian Broadcasting CorporationCBCSOCANnon-interactive streamingsemi-interactive streamingroyalty ratesISRCISWCmusic metadatarecord-keeping

Source: Canada Gazette

Official source