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A video copy of cinematographic works is a copy on any video medium of a cinematographic work initially intended for showing in theatres or on television, except concerts, musical comedies, variety shows, video clips, physical exercise shows and any other work with a music/creation ratio of less than 60/40.

A new Tariff was officially approved by the Copyright Board of Canada on July 6, 2013 and covers all video copy distributors in Canada. This new tariff is retroactive and covers the period from January 1, 2009 to December 31, 2012 and still constitutes the royalty payable to this day. This tariff will remain in effect until a new one is approved.

What rights does this license authorize ?

This license authorizes you, as a video copy distributor of audiovisual works, to:

  • Upon payment of royalties and in accordance with the terms and conditions established by the Copyright Board, distributors may reproduce a musical work from the SODRAC repertoire that is already synchronized to an audiovisual work, on any video medium, and is intended for sale or rental to a Canadian consumer for private use or theatrical exhibition.

Unauthorized use under the Tariff:

  • It is prohibited to commit or reproduce a musical work in an audiovisual work that has not already been incorporated.

How to obtain a license

You are automatically granted a license after paying the royalties foreseen in the Tariff. The Tariff applies to all video copy distributors in Canada.

Reports to provide

Under the Tariff, for copies intended for consumers, you must fill out a report and send it to us by January 31 of every year for the period spanning from July 1 to December 31 of the previous year, and by July 31 of every year for the period spanning from January 1 to June 30 of the same year. The new procedure is outlined below:

Semester 1

Prior to July 31, for copies of an audiovisual work distributed between January 1 and June 30, you must provide SODRAC with:

  • a copy of the film
  • a copy of the cover
  • the reference number and
  • the musical cue sheet, if available.

SODRAC will then proceed to the analysis and claim for the musical works from its repertoire embedded in the film.

Prior to September 30, you must provide SODRAC with:

  • the title of the film
  • the number of copies sold
  • the number of promotional copies
  • the payable royalties

Semester 2

The same procedure and requirements apply for copies of an audiovisual work distributed between July 1 and December 31. Copy of the film and other required material must then be provided prior to January 31 and applicable royalties must be paid prior March 31, with related information.

Click here to get a copy of the report to fill out. If you have any questions, please contact the Tariff agent at 514 845-3268, ext. 251.

Royalties

Current Tariff

For video copies of cinematographic works initially intended for showings in theatres or on television (from January 1, 2009 to this day).

When intended for consumers: Under the new tariff, the royalty payable will continue to be “per copy” but will be based on music duration of SODRAC works. The Copyright Board also stated that a distributor may make an annual election between two tariff tables as detailed below:

TABLE A

Amount of music Royalty
requiring a SODRAC licence per copy
No more than 5 mins 2,39¢
More than 5 mins and no more than 10 mins 6,36¢
10 mins-20 mins 11,85¢
20 mins-30 mins 16,97¢
30 mins-45 mins 21,43¢
45 mins-60 mins 25,74¢

TABLE B

Per-minute rate, Foreground music Background music
per copy of program (including themes)* (including transitions)*
or product
First 15 mins 1,44¢ 0,58¢
Next 15 mins 0,87¢ 0,35¢
Thereafter 0,52¢ 0,21¢

*A 40% discount applies to commissioned music.

Table A is the default option unless you advise us that you would prefer to use Table B. This choice is to be made for any given year but before the beginning of that year. Once you have made your decision, the tariff will remain in effect for the subsequent years unless notice to the contrary is given within the prescribed timeframe.

When intended for theatrical exhibition: $100 per year payable on January 31 of that same year.

Other types of video copies

  • Click here to learn of the tariff and conditions for reproducing musical video copies with:
    • Show and/or concert captions;
    • Video clips;
    • Variety shows;
    • Physical exercise shows;
    • Documentaries on music, artists and/or composers.
  • For all other types of video copies, please contact the Manager, Audiovisual Department, at 514-845-3268, ext. 227.

Proposed 2014 Tariff

For copies intended for private use, a distributor shall pay to SODRAC:

Rate per minute, per copy of audiovisual work sold

  • For the first 15 minutes: $0.0065 per minute
  • For the next 15 minutes: $0.0125 per minute
  • Thereafter: $0.0200 per minute

In the case of copies used in theatres, a distributor pays to SODRAC: $100 per year

  
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