- 2 -and YouTube, among others, to continue their significant use of SOCAN’smusical works without the payment of any compensation whatsoever for such long periods of time in the past, present and future.Accordingly, SOCAN requests that the Board immediately commence a processfor determining the present application and approving the proposedinterim tariffs on the basis requested.
As the Board is aware, SOCAN is a collective society as defined in section 2 of the
. It administers the public performance and communication rights inthe musical works of its Canadian member composers, authors and musicpublishers, as well as the rights of foreign composers, authors andpublishers. Essentially, SOCAN administers in Canada the performanceand communication rights in the world repertoire of copyright protectedmusic.SOCAN first filed a tariff for the use of musical works on the Internet sixteenyears ago, for the year 1996. The Board conducted the hearing of SOCANTariff 22 for the years 1996-2006 in two phases. The first phase dealt withseveral broad legal issues, a number of which were ultimately appealed tothe Federal Court of Appeal and to the Supreme Court of Canada, whichdetermined those issues in 2004.
The second phase dealt primarily with valuation issues for the years 1996 to2006. On October 18, 2007, the Board issued the first of two Tariff 22decisions, this one dealing with the use of musical works by Online MusicServices (the “22.A Decision”).
On October 24, 2008, the Board releasedthe second decision concerning other Internet uses of SOCAN’s repertoire
Society of Composers, Authors and Music Publishers of Canada v Canadian Assn of Internet Providers
, 2004 SCC 45 , 2 SCR 427.
Statement of Royalties to be Collected by SOCAN for the Communication to the Public byTelecommunication, in Canada, of Musical or Dramatico-musical Works [Tariff No. 22.A (Internet – Online Music Services) 1996-2006], Dated October 18, 2007.