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Copyright @ NSCC

Copyright information for NSCC faculty, staff and students.

SOCAN and Re:Sound

Educational institutions are not exempt from the tariffs imposed by SOCAN or Re:Sound.
Some limited exceptions may apply to educational institutions. See below.

Type of Music Played   /   License Fee
---------------------------------------------------------------------------------------------------------------------------------------------------

  • CD's, Ipods. as background music: License fee payable SOCAN and Re:Sound
  • Radio as background music: No, Copyright Act exempts radio
  • Internet Radio: License fee payable SOCAN and Re:Sound
  • Internet Music: License fee payable SOCAN and Re:Sound
  • Recorded music at athletic facility, skating rinks etc: License fee payable SOCAN and Re:Sound
  • Live Music: No Re:Sound License fee payable -- Yes SOCAN License Required
  • Education purpose and audience: No. Copyright Act exempts when the audience is primarily students and the purpose of the use is educational in nature.

Re:Sound Tariffs

Re:Sound (Re:Sound Music Licensing Company, formerly known as the Neighbouring Rights Collective of Canada) is a Canadian not-for-profit music licensing company dedicated to obtaining fair compensation for artists and record companies for their performance rights.

  • Re:Sound collects fees on behalf of the rights owners of the sound recordings (recording artist and record companies).
  • SOCAN collects fees on behalf of composers, authors and music publishers.

Re:Sound tariffs are determined by the way the music will be performed

If only live music (no recorded music) is played at an event, Re:Sound tariffs are not applicable.
The typical Re:Sound Tariffs that are most applicable to NSCC facilities and establishments include:

Tariff No. 3 – Background Music: http://www.resound.ca/en/docs/tariff-3.pdf

Tariff 6.B – Use of Recorded Music to Accompany Physical Activities: http://www.resound.ca/en/docs/tariff-6b.pdf
(e.g. fitness, skating)

A list of all currently approved (and proposed) tariffs is available on the Re:Sound website:

Rental of NSCC Facilities

NSCC is required to pay Re:Sound tariffs when it rents out its facilities for events that play recorded music. The cost of the Re:Sound and SOCAN fees can be passed onto the renter of the premises. 

Music on NSCC Campuses

When music is played on campus in salons, restaurants, cafés, sport facilities, or events that fall under non-educational purposes the appropriate licenses must be purchased.

Educational institutions are not exempt from the tariffs imposed by SOCAN or Re:Sound.
Some limited exceptions may apply to educational institutions. See below.

Type of Music Played   /   License Fee
--------------------------------------------------------------------------------------------------------------------------

  • CD's, Ipods. as background music: License fee payable SOCAN and Re:Sound
  • Radio as background music: No, Copyright Act exempts radio
  • Internet Radio: License fee payable SOCAN and Re:Sound
  • Internet Music: License fee payable SOCAN and Re:Sound
  • Recorded music at athletic facility, skating rinks etc: License fee payable SOCAN and Re:Sound
  • Live Music: NO Re:Sound License fee payable -- SOCAN License Required
  • Education purpose and audience: No. Copyright Act exempts when the audience is primarily students and the purpose of the use is educational in nature.

SOCAN Tariffs

SOCAN (Society of Composers, Authors and Music Publishers of Canada) requires users of music to obtain a SOCAN licence to perform, or authorize others to perform, copyright music in public.  Depending on the category a music user falls under, a license fee may be payable on a per-event or annual basis.

A licence must be obtained from SOCAN if you want to use recorded or live music for non-educational purposes like:

  • background music at a conference, salon, restaurants, cafés.
  • in an athletic facility.
  • events that fall under non-educational purposes.

The typical SOCAN Tariffs that are most applicable to NSCC facilities or establishments include:

Tariff 15A – Background Music: http://www.socan.ca/tariff/Infocard_15A_EN.pdf

Tariff 21 – Recreational Facilities Operated by a Municipality, School, College, University, Agricultural Society or Similar Community Organizations: http://www.socan.ca/tariff/Infocard_21_EN.pdf

Other licenses may apply depending on your use, for example, playing live or recorded music at an event. A current list of all approved tariffs is available on the SOCAN website:

Rental of NSCC Facilities

NSCC is required to pay SOCAN tariffs when it rents out its facilities for events that play music. If recorded music is played at these events, the organizations are also required to pay Re:Sound tariffs. The cost of SOCAN and/or Re:Sound fees can be passed onto the renter of the premises. 

Music on NSCC Campuses

When music is played on campus in salons, restaurants, cafés, sport facilities, or events that fall under non-educational purposes the appropriate licenses must be purchased.

Educational institutions are not exempt from the tariffs imposed by SOCAN or Re:Sound.
Some limited exceptions may apply to educational institutions. See below.

Type of Music Played   /   License Fee
-----------------------------------------------------------------------------------------------------------------------

  • CD's, Ipods. as background music: License fee payable SOCAN and Re:Sound
  • Radio as background music: No, Copyright Act exempts radio
  • Internet Radio: License fee payable SOCAN and Re:Sound
  • Internet Music: License fee payable SOCAN and Re:Sound
  • Recorded music at athletic facility, skating rinks etc: License fee payable SOCAN and Re:Sound
  • Live Music: NO Re:Sound License fee payable -- SOCAN License Required
  • Education purpose and audience: No. Copyright Act exempts when the audience is primarily students and the purpose of the use is educational in nature.

Exemptions

You do not need to pay a license fee for:

  • live performance in public by NSCC students on a NSCC campus.
  • playing regular radio stations -- exemption does not apply to subscription based services like Sirius.
  • educational institutions when educational purpose and audience exceptions apply.
    All of the following conditions must be met:
    • not based on, or uses, an infringing copy of the work
    • performed on NSCC premises for educational or training purposes,
    • not for profit,
    • audience consists primarily of students or faculty.

Radio

Playing the radio

69(2) In respect of public performances by means of any radio receiving set in any place other than a theatre that is ordinarily and regularly used for entertainments to which an admission charge is made, no royalties shall be collectable from the owner or user of the radio receiving set, but the Board shall, in so far as possible, provide for the collection in advance from radio broadcasting stations of royalties appropriate to the conditions produced by the provisions of this subsection and shall fix the amount of the same.”

The exception under Section 69(2) is limited to traditional radio transmission, and does not apply to internet radio.

 

SOCAN. (2015). The difference between SOCAN and Re:Sound [PDF]. Retrieved from www.socan.ca/files/pdf/SOCAN_DifferencebetweenSOCAN_%26_RE-SOUND_Eng._Final_0.pdf

Do I need a licence to play the radio for a group in a public space like the cafeteria?

Do I need a licence for playing music at a dance?

Can I play music from an ipod to use as background music in public spaces like the cafeteria or student lounge?

Can I have a TV turned on in public spaces at the college?

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