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Copyright Board of Canada certifies redetermination of Re:Sound’s Fitness Tariff, 2008-2012

03.27.15

The Copyright Board of Canada today certified its redetermination of Re:Sound Tariff 6.B (Use of Recorded Music to Accompany Fitness Activities), 2008-2012. Tariff 6.B was originally certified by the Board on July 7, 2012, establishing the royalties payable to Re:Sound for fitness classes, background music in fitness venues, dance instruction and other physical activities, and skating.

Re:Sound brought an application for judicial review challenging the Board’s decision on several grounds including the quantum of the rates and the method of rate-setting adopted by the Board. On February 24, 2014, the Federal Court of Appeal set aside the decision of the Board on the grounds of procedural fairness, as it applied to the royalties set for fitness classes, dance instruction and other physical activities and sent the matter back to the Copyright Board for redetermination. An Interim Tariff was certified on April 17, 2014 maintaining the originally-certified rates pending the redetermination.

As a result of its redetermination, the Copyright Board has certified new rates for fitness and dance classes, applicable to the years 2008-2012. The new rates and tariff structure certified by the Copyright Board adopt the joint proposal submitted by Re:Sound and the participants representing the fitness industry, Fitness Industry Council of Canada (FIC) and Goodlife Fitness Centres Inc. (Goodlife). Re:Sound is pleased that it was able to work co-operatively with FIC and Goodlife to arrive at a tariff based on marketplace rates that is easy to administer for both rights holders and the fitness industry, and that it was approved by the Copyright Board. The full tariff is available here.

The redetermined rates for dance and fitness classes are set out below:

Fitness Classes (fees per class):

2008 = $0.310
2009 = $0.319
2010 = $0.328
2011 = $0.338
2012 = $0.348

Dance Classes (fees per class):

2008 = $0.310
2009 = $0.319
2010 = $0.328
2011 = $0.338
2012 = $0.348

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