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Copyright @ NSCC

Copyright information for NSCC faculty, staff and students.

Music and Films in Pubic Spaces

Music and Films in Public Spaces on NSCC Campuses

Playing music or showing films in public spaces on NSCC campuses requires a licence.
Education exceptions do not apply to public spaces or public events.

Responsibility

Ensuring the appropriate licences are in place is a campus responsibility. The NSCC Copyright Office and Campus Libraries provide information and support in understanding when licences are required.

A licence is required when

  • Playing background music in a public space like a cafeteria, lounge, or gym.
  • Playing recorded music at a special event.
  • Playing live music at a dance or event.
  • *Showing a film on campus (not in a class).
  • TV screens in public spaces like a cafeteria – business subscription required.

Exceptions: Background music from live FM radio broadcasts do not require a licence. 
A student music performance on a NSCC campus does not require a licence.

Music Licensing Options

  • Recorded music requires two licences - RE:SOUND and SOCAN.
  • Live music requires a SOCAN license.

EntandemCovers both RE:SOUND and SOCAN licenses, with a single payment and one organization.There are annual licence or event licence options.

Streaming Music Business Accounts: Licence requirement built into the streaming service. Options include SiriusXM, SoundMachine, Cloudmusic etc.

Film Licensing

Licenses are available from two vendors. Criterion Pictures and Audio Cine Films.

Criterion – Subscription access through NSCC Libraries Streaming Video collection.

  • *Public performance rights (your licence requirement) are included.
  • Any film in the Criterion collection can be shown at a public screening on a NSCC campus.

Audio Cine – not included in NSCC library collection. Video with public performance rights (PPR) must be purchased

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 a streaming music account (e.g. Spotify, Apple music) 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?

Can I show TV programming on digital screens?

Music on NSCC Campuses

When music is played on campus in public spaces including salons, restaurants, cafés, gyms, or at special events, the appropriate licenses must be purchased. Recorded music licence coverage can also be met by purchasing a business streaming music account (licences are included).

Entandem - Covers both licences required for recorded music.

Using Entandem, you'll receive both RE:SOUND and SOCAN licenses, with a single payment, with one organization.

  • Entandem is a joint venture between RE:SOUND and SOCAN.
  • The organization was created to simplify the licensing process.
  • One Submission,  Two Licences, One Payment

Please consult the Entandem website for license details.

Music Licences

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
  • Personal streaming account: License fee payable SOCAN and Re:Sound
  • Business streaming account: licenses already included in product e.g. Siriusxm Music for Business
  • Radio as background music: No, Copyright Act exempts radio
  • 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
  • Classroom: No. Copyright Act exempts when the audience is primarily students and the purpose of the use is educational in nature.

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
  • 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.

See the Entandem tab/ One Submission,  Two Licences, One Payment

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
  • 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
  • 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 [Radio performances in places other than theatres]

72.1 (1) 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.”