Re:Sound streaming royalties 2013–2018

Summary#

This item is the Re:Sound Non-Interactive and Semi-Interactive Streaming Tariff, 2013-2018, published by the Copyright Board. It sets the per-play royalties and reporting rules that certain streaming services must follow for streams that happened between 2013 and 2018, and it requires amounts owing to be paid by March 4, 2024 (with interest).

What it does#

• Sets per-play royalty rates for non-interactive and semi-interactive streams for three time bands:
  • January 1, 2013 – August 12, 2014: $0.000131 per file for the Canadian Broadcasting Corporation (CBC), $0.000102 per file for non-CBC non-interactive streams, and $0.000089 per file for non-CBC semi-interactive streams.
  • August 13, 2014 – December 31, 2017: $0.000193 per file for all services.
  • January 1, 2018 – December 31, 2018: $0.000208 per file for all services.
• Requires a minimum fee of $100 per year for any service.
• Exempts a single free trial of up to 31 days in any 12-month period from royalties.
• Requires services to identify themselves and supply detailed monthly reports about every sound recording streamed — including titles, performers, play counts and technical IDs — within 45 days after the end of each month.
• Requires services to keep records for six years and allows Re:Sound to audit those records; if under-reporting is over 10%, the service must pay the audit costs.
• Charges interest on late payments at 1% above the Bank Rate (published by the Bank of Canada), calculated daily and not compounded.
• States that amounts owed under this tariff are due on March 4, 2024 and that reports under the identification and music-use rules must be filed on or before March 4, 2024.

Who's affected#

• Primarily commercial and other streaming providers that run non-interactive or semi-interactive streams in Canada. These are services where users cannot fully choose and play specific tracks on demand, or where they have only limited control (skip, pause, etc.).
• The tariff explicitly excludes certain uses, including:
  • simulcasts of programming by the Canadian Broadcasting Corporation, Canadian commercial radio stations, satellite radio services, and pay audio services;
  • on-demand streams and downloads;
  • podcasts and previously transmitted programs converted for later playback;
  • communications by background music suppliers to their commercial subscribers.
• The source defines “service” to exclude “non‑commercial webcasters” (not-for-profit campus or community webcasters). It is not fully clear from the text whether all non-commercial webcasters are entirely outside this tariff’s reach; the definition suggests they may be treated differently.

Why it matters#

• The per-play amounts are very small, but they add up if a service streamed millions of plays between 2013 and 2018. That can mean a sizable bill due on March 4, 2024, plus interest.
• Monthly reporting and six-year recordkeeping create an administrative burden for providers. Audits can lead to extra payments and, if errors are large, audit costs.
• For listeners and small community webcasters, the practical effect may be limited — the tariff targets services that act like commercial streamers — but commercial platforms and any service that did large-scale streaming in those years should pay attention because of potential retroactive charges.