Vol. 136, No. 40 — September 30, 2000

Supplement, Vol. 134, No. 40 — September 30, 2000

COPYRIGHT BOARD

FILE: Public Performance of Sound Recordings 1998-2002

Statement of Royalties to be Collected for the Public Performance or the Communication to the Public by Telecommunication, in Canada, of Published Sound Recordings Embodying Musical Works and Performer's Performances of Such Works

In accordance with subsection 68(4) of the Copyright Act, the Copyright Board has certified and hereby publishes the statement of royalties to be collected by the Neighbouring Rights Collective of Canada (NRCC) for the public performance or the communication to the public by telecommunication, in Canada, of published sound recordings embodying musical works and performer's performances of such works in respect of Tariff No. 1.C (Canadian Broadcasting Corporation — Radio) for the years 1998, 1999, 2000, 2001 and 2002.

Ottawa, September 30, 2000

CLAUDE MAJEAU
Secretary General
56 Sparks Street, Suite 800
Ottawa, Ontario
K1A 0C9
(613) 952-8621 (Telephone)
(613) 952-8630 (Facsimile)
cb-cda@smtp.gc.ca (Electronic mail)

STATEMENT OF ROYALTIES TO BE COLLECTED BY THE NEIGHBOURING RIGHTS COLLECTIVE OF CANADA (NRCC) FOR THE PUBLIC PERFORMANCE OR THE COMMUNICATION TO THE PUBLIC BY TELECOMMUNICATION, IN CANADA, OF PUBLISHED SOUND RECORDINGS EMBODYING MUSICAL WORKS AND PERFORMER'S PERFORMANCES OF SUCH WORKS IN 1998, 1999, 2000, 2001 AND 2002

GENERAL PROVISIONS

All royalties payable under this tariff are exclusive of any federal, provincial or other governmental taxes or levies of any kind.

Tariff No. 1

RADIO

C. Canadian Broadcasting Corporation (1998-2002)

Application

1. This tariff sets the royalties to be paid each month by the Canadian Broadcasting Corporation (CBC), pursuant to section 19 of the Copyright Act, as equitable remuneration for the communication to the public by telecommunication of published sound recordings of musical works by over-the-air radio broadcasting.

2. This tariff is subject to the transitional royalty rates set out in paragraph 68.1(1)(c) of the Copyright Act.

Royalties

3. CBC shall pay NRCC $80,000 per month, on the first day of each month.

Interest on Late Payments

4. Any amount not received by the due date shall bear interest from that date until the date the amount is received.

5. Interest shall be calculated daily, at the Bank Rate effective on the last day of the previous month (as published by the Bank of Canada) plus one percent. Interest shall not compound.

Delivery of Notices and Payments

6. (1) A notice may be delivered by hand, by postage paid mail or by facsimile.

(2) A notice or payment mailed in Canada shall be presumed to have been received three business days after the day it was mailed.

(3) A notice sent by facsimile shall be presumed to have been received the day it is transmitted.

Transitional Provisions

7. Any amount payable for any given month before November 2000 shall be due November 15, 2000, and shall be increased by using the multiplying factor set out in the following table with respect to that month.

TABLE OF MULTIPLYING FACTORS

date	multiplying factors
January 1998	1.14792
February 1998	1.14417
March 1998	1.14000
April 1998	1.13583
May 1998	1.13167
June 1998	1.12750
July 1998	1.12333
August 1998	1.11917
September 1998	1.11500
October 1998	1.11000
November 1998	1.10521
December 1998	1.10063
January 1999	1.09625
February 1999	1.09188
March 1999	1.08750
April 1999	1.08313
May 1999	1.07896
June 1999	1.07479
July 1999	1.07083
August 1999	1.06688
September 1999	1.06292
October 1999	1.05896
November 1999	1.05500
December 1999	1.05104
January 2000	1.04688
February 2000	1.04271
March 2000	1.03854
April 2000	1.03417
May 2000	1.02958
June 2000	1.02500
July 2000	1.02000
August 2000	1.01500
September 2000	1.01000
October 2000	1.00500

Music Use Information

8. CBC shall provide to NRCC the music use information that it supplies to the Society of Composers, Authors and Music Publishers of Canada.

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).