FAQ: Semi-Interactive Webcasting
- What is Re:Sound’s Semi-Interactive Webcasting Tariff?
- What is a semi-interactive webcast?
- How does this differ from a non-interactive webcast?
- Is there a tariff for non-interactive webcasts?
- How much will semi-interactive webcasters be required to pay under Tariff 8B?
- Why is Re:Sound seeking royalties for the use of recorded music by webcasters?
- Does the tariff require measures to prevent unauthorized copying of music?
- Are there any precedents for a webcasting tariff?
- When are royalties due under Tariff 8B?
- Where can one obtain additional information?
Q1: What is Re:Sound’s Semi-Interactive Webcasting Tariff?
A: The Re:Sound Semi-Interactive Webcasting Tariff, also referred to as Tariff 8B, sets out when and how webcasters in Canada are required to obtain a licence from Re:Sound for the communication to the public by semi-interactive digital audio transmission, in Canada, of published sound recordings embodying musical works and artists’ performances of such works for the years 2011 and 2012.
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Q2: What is a semi-interactive webcast?
A: This is a digital audio transmission that enables the real-time (or substantially real-time) presentation of streamed content where listeners are permitted to choose genre and artist preferences, but not individual songs, and where they can skip to the start of the next sound recording without otherwise affecting the stream’s timing or performance. Semi-interactive webcasts – a growing category of online music consumption – include services relatively new to Canada such as Slacker and last.fm.
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Q3: How does this differ from a non-interactive webcast?
A: A non-interactive webcast refers to a real-time stream where the user cannot influence the content or its timing. Currently, most webcasts in Canada are non-interactive.
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Q4: Is there a tariff for non-interactive webcasts?
A: A tariff for non-interactive music simulcasting and webcasting (Tariff 8A) was filed with the Copyright Board of Canada in 2008.
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Q5: How much will semi-interactive webcasters be required to pay under Tariff 8B?
A: The final tariff rates will be determined by the Copyright Board of Canada following a public hearing. The hearing will include representations by webcasters, Re:Sound and other interested parties. The final rates will not be known until the Board issues its decision and certifies the tariff after the hearing. When a tariff is certified by the Board, it is published in the Canada Gazette as official notification to all Canadians.
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Q6: Why is Re:Sound seeking royalties for the use of recorded music by webcasters?
A: It is only fair that artists – the people that create recorded music – are equitably remunerated for the public performance of their music and the value that it provides. The Copyright Act specifically provides for this remuneration.
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Q7: Does the tariff require measures to prevent unauthorized copying of music?
A: The proposed tariff includes a requirement for online music services to implement effective technological protection measures to prevent stream ripping.
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Q8: Are there any precedents for a webcasting tariff?
A: Online music tariffs have previously been certified in Canada and several other countries. This includes SOCAN (Society of Composers, Authors and Music Publishers of Canada) Tariff 22A, which was certified by the Copyright Board in 2009. Royalties collected under SOCAN tariffs, which are separate from Re:Sound tariffs, are distributed to songwriters and music publishers. The royalty rates and structures proposed in Re:Sound Tariff 8B are consistent with rates already established in other jurisdictions.
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Q9: When are royalties due under Tariff 8B?
A: Royalties will be collected under Tariff 8B following certification by the Copyright Board. Tariff 8B will apply to the years 2011 and 2012.
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Q10: Where can one obtain additional information?
A: Additional information about Re:Sound can be found on our website at www.resound.ca. Further information about the Copyright Board of Canada as well as Re:Sound’s current and proposed tariffs (including Tariff 8B) can be found on the Copyright Board of Canada’s website at http://www.cb-cda.gc.ca
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