Part INoticeVolume 158, Number 38Published: September 21, 2024
SOCAN Allied Audiovisual Services Tariff
Canada Gazette, Part I, Volume 158, Number 38: SUPPLEMENT
Sets royalties and reporting rules for online services that stream television-like content operated with or alongside conventional TV services or BDUs for the years 2014–2024. Establishes standard (1.9%) and low-music (0.8%) royalty rates with per-program and per-subscriber minimums, monthly reporting, six-year record-keeping, and audit and payment rules.
Summary
Summary#
This publication sets out the SOCAN Tariff 22.D.3 – Online Allied Audiovisual Services (2014-2024), the schedule of royalties and reporting rules for certain online services that stream television-like content. It was published by the Copyright Board on September 21, 2024 and covers the years 2014 to 2024.
What it does#
- Defines which online services count as an Allied Audiovisual Service (services that operate alongside or in support of a conventional TV service or a BDU).
- Sets standard royalty rates:
- 1.9% of relevant revenue for most services (or 1.3¢ minimum per program for per-program fees; 7.5¢ minimum per subscriber per month for subscription services).
- A reduced “low music use” rate of 0.8% if music makes up less than 20% of airtime (same minimums apply).
- For services with no revenue in a year, a flat royalty of $15.00 per year.
- Explains how to calculate the money owed (use of a “Rate Base” that can be actual Canadian AV revenue or a formula: Internet-Related Revenue × AV Ratio × Domestic Ratio).
- Requires monthly reporting of streams, plays, subscriber counts, revenue and detailed metadata (reports due within 30 days after each month).
- Requires services to keep records and usage data for 6 years and to make them available for audit; SOCAN may audit at most once in any 12‑month period.
- Late payments incur interest calculated daily at 1% above the Bank of Canada rate (interest does not compound).
- Includes confidentiality rules about the data reported, with limited exceptions for sharing in hearings or for royalty distribution.
- Notes limited exemptions where an allied online service does not separately track subscribers from the related conventional service, subject to conditions.
Who's affected#
- Online video services that are linked to or operated with conventional broadcasters or distribution undertakings (BDUs), including “hybrid” services that allow temporary offline caching.
- Authorized distributors that offer or bundle such services.
- Small, low- or no-revenue services that may face the $15.00 annual minimum.
- It is not always clear from the document which new or foreign platforms will be captured; services should check the tariff definitions to see whether they qualify as “allied.”
Why it matters#
- Streaming services that are extensions of TV channels or BDUs now have a clear tariff to follow for 2014–2024, which affects how much they must pay for music used in streamed audiovisual works.
- The rules combine percentage-of-revenue fees with per-play or per-subscriber minimums, so financial impact can vary by business model (subscription vs. per-program vs. ad-supported).
- Monthly reporting, 6‑year record-keeping and possible audits add administrative work and compliance costs.
- The reduced rate for services with low music content (under 20%) can significantly lower royalties for some services.
- Because the tariff covers past years up to 2024, some services may need to review their past activity to see if amounts are owed for earlier periods.
Key topics
SOCAN Tariff 22.D.3 – Online Allied Audiovisual ServicesSOCANCopyright ActCopyright BoardBDUBroadcasting ActAllied Audiovisual ServiceRate BaseAV RatioDomestic RatioHybrid Serviceaudiovisual streamingroyaltiesreporting requirementsrecord-keeping
Source: Canada Gazette