Subject: Internet sound tarifs
From: Kevin Austin (kevin.austin@videotron.ca)
Date: Sat Oct 27 2007 - 23:31:28 EDT
I am not a lawyer.
This applies to Canada.
But ...
A decision in Canada with a wide ripple effect regarding payment of
royalties for sound on the internet. See article below, from the
SOCAN Newsletter.
In this article, it is not clear what download means but if it means
"for each file listened to", then lots of other people may have
problems, notably "MySpace".
From:
www.socan.ca see "Front Page News."
SOCAN pleased with Copyright Board's decision regarding royalties for
online music use
SOCAN is pleased with the Copyright Board's decision to set licence
fees for the use of online music services for the years 1996-2006.
Under the new decision, online music service providers will pay SOCAN
licence fees of:
* Permanent downloads: 3.4% of the amounts paid by the consumer with
a minimum fee of 1.7¢ per file in a bundle and 2.3¢ per file in all
other cases;
* Limited downloads: 6.3% of the amounts paid by subscribers with a
minimum fee of 60.9¢ per month, per subscriber, if portable downloads
are allowed and 39.9¢ if not;
* On-demand stream: 7.6% of the amounts paid by subscribers with a
minimum fee of 48.1¢ per month, per subscriber.
The Board also determined that the online service industry would
benefit from a phase-in discount. A 10% discount will be applied to
the rates for the duration of the Tariff (1996 - 2006).
"On behalf of our songwriter and music publisher members, we are
extremely encouraged by the Board's decision," says Paul Spurgeon,
SOCAN's VP Legal Services & General Counsel. "While the rates
established by the Copyright Board are not exactly what we'd hoped
for, they provide an excellent foundation for the management of
performing rights royalties for online music use as the industry
evolves in the future."
For the full SOCAN Tariff 22.A decision, go to:
http://www.cb-cda.gc.ca/decisions/m20071018-b.pdf
Uploaded October 19, 2007
This decision (65 pages, bilingual) is worth reading if there is
interest in sound on the internet.
It is at first a bit of a slug to get through the first 25 - 30 pages
(about 15 minutes), but it is quite informative about terminology and
positions (as they apply in Canada.
There are important differences in the Canadian and US definitions and limits.
Best
Kevin
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