Part INoticeVolume 157, Number 44Published: November 4, 2023
SOCAN Public Conveyances Tariff 2023–2025
Canada Gazette, Part I, Volume 157, Number 44: SUPPLEMENT
COPYRIGHT BOARD
Key facts
- Published
- November 4, 2023
- Comment deadline
- Unclear
- Effective date
- Unclear
Summary#
This item publishes SOCAN Tariff 13.C – Public Conveyances - Railroad Trains, Buses and Other Public Conveyances, Excluding Aircraft and Passenger Ships (2023-2025) as decided by the Copyright Board. It sets the royalty rules for playing recorded music in trains, buses and similar public vehicles for the years 2023 to 2025, with a charge of $1.32 per person per year (minimum $78.75 per vehicle).
What it does#
- Sets a royalty of $1.32 per person per year for the performance or public communication by telecommunication of recorded music in covered public conveyances for 2023 to 2025.
- Bases the fee on the authorized passenger capacity of each car, bus or other conveyance, subject to a minimum annual royalty of $78.75.
- Requires the operator to report authorized passenger capacity and pay the royalty on or before January 31 of each year covered by the tariff.
- Gives SOCAN the right to audit the operator’s books and records, with reasonable notice during normal business hours.
- Charges interest on late payments at a rate equal to 1% above the Bank Rate as published by the Bank of Canada, calculated daily and not compounded.
- States that all amounts are exclusive of any federal, provincial or other taxes or levies.
Who's affected#
- Operators of railroad trains, buses and other public conveyances that play recorded music in public (excluding aircraft and passenger ships).
- Small operators or vehicles with low passenger capacity may be most affected by the $78.75 minimum.
- SOCAN, the music rights organization that collects these royalties.
- It is not clear from the notice how the tariff interacts with any other music licences an operator might already hold.
Why it matters#
- It creates a predictable, per-passenger cost for using recorded music in public transit and similar services. That cost must be reported and paid each year by January 31.
- For large operators the per-person rate may be modest. For small operators the $78.75 minimum could be a noticeable new annual cost.
- Operators who don’t report or pay on time risk audits and daily interest charges based on the Bank of Canada rate plus 1%.
- The tariff affects how music creators are paid when their recorded music is played in public conveyances.
Key topics
Copyright ActSOCAN Tariff 13.CSOCANCopyright Boardpublic conveyancesrailroad trainsbusesrecorded musicmusic royaltiesauthorized passenger capacityBank of Canadamusic licensinginterest on late payments
Source: Canada Gazette