Re:Sound Tariff 6.B FAQ Last July, Re:Sound Tariff 6.B Use of Recorded Music to Accompany Physical Activities (2008-


2012), was certified by the Copyright Board of Canada. Tariff 6.B sets out when and how businesses are required to obtain a license from Re:Sound for the use of recorded music to accompany fitness classes, skating, dance instruction and other physical activities.


room for small graphic? The following FAQ has been provid-


ed by Re:Sound to assist Canadian club operators.


What is Re:Sound? Re:Sound is the Canadian not-for-


profit music licensing company dedi- cated to obtaining fair compensation for artists and record companies for their performance rights. On behalf of its members, representing thousands of artists and record companies, Re:Sound licenses recorded music for public per- formance, broadcast and new media.


How do I know if I need a license? When you use recorded music in


fees can be found at www.resound.ca. What if an AM/FM radio station is


used in my facility? Establishments are not required to


pay royalties when local radio is publi- cally performed using a traditional AM/ FM radio receiving set. This is because the Copyright Act provides that these royalties are to be paid by radio sta- tions directly.


Register at bonefit.ca for the upcoming workshops and receive access to our pre-course materials and resources.


What about using satellite radio? Satellite radio providers do not cover


licensing fees owed under Tariff 6.B, so these must be remitted by the facility directly. Satellite radio providers do, howev-


your business, a license is likely needed from Re:Sound. The rate that applies to your license is determined by how re- corded music is used in your business.


What rate applies to fitness centres? Tariff 6.B sets out the rates for mu-


sic used to accompany fitness classes, dance instruction, skating and other physical activities. For the use of re- corded music in a fitness class of any sort, a flat annual fee of $105.74 (plus applicable tax) applies, regardless of the number of classes held during the year. For dance instruction or other physi-


cal activity, a flat annual rate of $23.42 (plus applicable tax) applies, again re- gardless of the number of classes held during the year.


What about music outside of classes, such as in change rooms, weight rooms, cardio, etc.? Recorded music used in these ar-


eas is subject to Re:Sound Tariff 3 Background Music. These rates are cal- culated by the number of average ad- missions, or capacity, or total area, mul- tiplied by the number of days per year. A calculator to help determine these


er, often remit on behalf of their com- mercial clients for Tariff 3 (Background Music). Please contact your provider if you have questions about this.


What if I use music from CDs, internet streaming, MP3 players, etc., for physical activities? Using music from any of the sources


listed above for physical activities at your venue requires that you obtain a Re:Sound license under Tariff 3 or Tariff 6.B.


Why are invoices occasionally issued for past periods? Tariff 6.B was proposed in 2007 for


the years 2008-2012. The process the Copyright Board of Canada uses to determine tariff rates and structures can take significant time. In this case, it took the Board almost the entire term of the tariff to decide its rates and structure. In the time between tariff proposal and tariff certification, how- ever, recorded music was still used by fitness clubs and other businesses. Issuing licenses for years past is the only way to ensure recording artists and record labels receive compensation for the use of their recordings.


My facility opened after 2008. Do I still owe for use from that time forward? Re:Sound licenses the use of record-


ed music. If there is no recorded music used in the course of a year, then no licensing fees apply. If your business opened after 2008, simply submit proof of the date opened, and Re:Sound will adjust the license fees accordingly.


I am unable to pay my license fees all at once. Does Re:Sound offer installment plans? If you would prefer to pay in install-


ments, please contact Re:Sound to dis- cuss your particular case. We will be happy to assist you.


What is the difference be- tween SOCAN and Re:Sound? Re:Sound represents the rights of


artists and record companies (the peo- ple who created the sound recordings) while SOCAN (Society of Composers, Authors and Music Publishers of Canada) does the same for compos- ers and music publishers (the people who created the compositions that are embedded in those sound recordings). As Re:Sound and SOCAN are distinct organizations that represent different groups and rights, licenses are required from both organizations.


More information can be found at


www.resound.ca. If you have questions, please contact Re:Sound at 416-968- 8870, 877-309-8870 or licensing@re- sound.ca.


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