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SOCAN - Appendices to Application for Interim Tariff

SOCAN - Appendices to Application for Interim Tariff

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Published by: hknopf on Jun 14, 2011
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02/14/2014

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 APPENDIX AText of Proposed Interim Tariffs 22.D.1 and 22.G.1
 
FULL TEXT OF SOCAN PROPOSED INTERIM TARIFFS FOR 22.D AND 22.GGENERAL PROVISIONS
All amounts payable under this tariff are exclusive of any federal, provincial or othergovernmental taxes or levies of any kind.As used in this tariff, the term “licence” means a licence to communicate to the public bytelecommunication or to authorize the communication to the public bytelecommunication, as the context may require.Except where otherwise specified, fees payable for any licence granted by SOCAN shallbe due and payable upon the grant of the licence. Any amount not received by the duedate shall bear interest from that date until the date the amount is received. Interestshall be calculated daily, at a rate equal to one per cent above the Bank Rate effectiveon the last day of the previous month (as published by the Bank of Canada). Interestshall not compound.Each licence shall subsist according to the terms set out therein. SOCAN shall have theright at any time to terminate a licence for breach of terms or conditions upon 30 daysnotice in writing.
Tariff No. 22 
1. (1) This part of Tariff 22 sets the interim royalties to be paid for thecommunication to the public by telecommunication of works in SOCAN’srepertoire by means of certain Internet transmissions or similar transmissionfacilities as of the year 2007 to such time as a final determination of the royaltiesto be paid is made by the Copyright Board of Canada.(2) This part of the tariff does not apply to uses covered by other approved tariffs,including Tariffs 16 (Background Music Suppliers), 22.A (Internet – Online MusicServices), 22.B-G (Internet – Other Uses of Music) and 24 (Ringtones).2. In this part of the tariff,“page impression” means a request to load a single page from a site. («
consultation de page 
»)“site” means an Internet website or service having a collection of pagesaccessible via a common root URL. («
site 
»)“year” means a calendar year. («
année 
»)
 
Proposed Interim Tariff D.1 (Other Audiovisual Webcasts) 
3. The royalties payable by a site that communicates audiovisual programmingsimilar to that of a broadcaster that is subject to Tariff 2.A (CommercialTelevision Stations) and Tariff 17 (Transmission of Pay, Specialty and OtherTelevision Services by Distribution Undertakings), for each of the years 2007 to2011, are as follows:(1) For a site with revenues from subscriptions: 1.9% of the grossamounts paid to the site by Canadian subscribers during the year;(2) For a site with revenues on a per program basis, 1.9% of the grossamounts paid to the site by Canadian users, excluding programs that donot contain musical works from SOCAN’s repertoire.(3) For a site with revenues from the sale of advertising:A x B x (1 - C), where:(A) is 1.9%;(B) is the total advertising revenues generated by the site fromadvertisements associated with the site’s programs, excludingprograms that do not contain musical works from SOCAN’srepertoire; and(C) is (i) the ratio of non-Canadian page impressions to all pageimpressions, if that ratio is provided to SOCAN; and (ii) if not, 0 fora Canadian site and 0.9 for any other site.(4) In the event that a site receives revenues from more than one ofthe sources described in the above paragraphs, the additional paragraphsshall apply accordingly.
Proposed Interim Tariff G.1 (User Generated Content) 
1. The royalties payable by a user generated content site, including but notlimited to, YouTube, Facebook, MySpace and Vimeo, for each of the years 2007to 2012, shall be as follows: A X [1 (B X C)], where(A) is (i) in the case of music videos: 6.8 percent; and (ii) in the case ofother audiovisual content: 1.9 percent; of all revenues fromadvertisements associated with the site’s music videos and otheraudiovisual content, respectively, but excluding any content that does notcontain musical works from SOCAN’s repertoire;(B) is 0.95 for a Canadian site and 1 for any other site, and

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