Non-Commercial Radio Reproduction Tariff

Summary#

The Copyright Board published the Non-Commercial Radio Reproduction Tariff (CMRRA: 2003–2010, CSI: 2011–2017). It authorizes certain reproductions of musical works by over‑the‑air non‑commercial AM/FM stations for those past years and sets small annual flat fees; amounts owed on or before September 3, 2022 were made due on December 5, 2022.

What it does#

• Authorizes over‑the‑air AM/FM non‑commercial radio stations to copy (reproduce) musical works for regular radio broadcasting:
  • For 2003–2010 (CMRRA repertoire), reproduction is allowed for over‑the‑air broadcasting but not for Internet transmissions.
  • For 2011–2017 (CSI repertoire), reproduction is allowed for over‑the‑air broadcasting and for simulcasting (simultaneous Internet streams of the live broadcast), but not for other Internet transmissions.
• Sets flat annual royalties:
  • For 2003–2010, $25 per year payable to CMRRA.
  • For 2011–2017, $50 per year for reproduction other than simulcasting, and $20 per year for reproduction used for simulcasting, payable to CSI.
• Payment and timing rules:
  • Royalties for a calendar year are due by January 31 of the following year.
  • Late amounts earn interest at 1% above the Bank Rate, calculated daily (non‑compounding).
  • Transitional rule: amounts owed on or before September 3, 2022 were due on December 5, 2022, and payments must include a short declaration of how many years the station operated between 2003 and 2017.
• Confidentiality and communications:
  • CMRRA and CSI must generally keep station information confidential, but can share it with the Copyright Board, rights claimants, or if required by law.
  • Notices and payments have specified delivery methods and presumptions about when mailed or faxed items are received.

Who's affected#

• Any AM or FM non‑commercial radio station as defined in the tariff — typically campus, community or other not‑for‑profit stations, and similar organizations that operate without a commercial broadcast licence. (The tariff covers both stations explicitly licensed as not‑for‑profit and stations operated on a not‑for‑profit basis.)
• The rights‑collecting organizations named: CMRRA and CSI.
• Rights claimants (music rights holders) who receive distributions from those organizations may be indirectly affected because the tariff governs how royalties are collected and shared.

Why it matters#

• Community and campus radio stations that operated between 2003 and 2017 may owe small, retroactive flat fees for copying music used on air.
• The rules clarify that ordinary over‑the‑air broadcasting is covered, but most types of online streaming (except simulcasts in 2011–2017) are not covered by this tariff — stations that stream online in other ways may need separate permissions.
• The deadline of December 5, 2022 for amounts owed up to September 3, 2022 was a one‑time practical deadline stations needed to meet to avoid further interest and administrative issues.
• The fees are small per year, but the requirement to account for multiple years could still matter for stations with limited budgets or unclear records.