Guides
SOCAN Re:Sound music studio licence: describe your use
SOCAN Re:Sound music studio licence notes for Canadian rooms: separate production playback from background music and document who hears it.
What to take away
A SOCAN Re:Sound music studio licence inquiry starts with a clear account of what happens in the room. These notes help a Canadian studio separate production playback from background listening and public events, then document the room, audience and relevant period.
- Two separate collectives cover music use in a Canadian studio. SOCAN licenses the musical work, meaning the song and its composer and publisher. Re:Sound licenses the sound recording, meaning the master and its maker.
- Whether playback needs licences depends on the rights involved and whether it constitutes a public performance. Describe production playback separately from background music for clients or staff.
- Tariffs are approved by the Copyright Board of Canada and distinguish different uses, such as background music, dance classes and fitness activities; they are not provincial licensing rules.
- An inquiry should state the room, the use, the audience and the relevant period. The licensing service can then identify the application and reporting information it needs.
- A collective can pursue recovery of unpaid royalties in court. Interest depends on the applicable terms, and court proceedings can involve legal costs.
Who has jurisdiction
Copyright in Canada is federal. The Copyright Act sets the framework, and the Copyright Board of Canada approves the tariffs that collectives charge. SOCAN and Re:Sound then issue licences under those tariffs.
SOCAN is the performing rights organization for musical works. Re:Sound handles neighbouring rights for sound recordings and performer performances. The two are not interchangeable, and paying one does not discharge the other.
A recording studio that only records original material for clients and never plays music for an audience may fall outside public performance licensing. A studio that runs a control room with a stereo on for clients, a reception area with background music, or a live room used for showcases is a different case.
Entandem, the joint licensing service created by SOCAN and Re:Sound, handles many background-music licences. Contact its licensing service with a description of the studio's uses and ask which tariffs and application requirements apply; do not assume background-music licensing also covers a showcase or livestream.
Details to prepare for a licensing inquiry
Prepare a description of each use before contacting a licensing service. The checklist below is preparation material, not an official application form; the service may require additional details for the applicable tariff.
Licence Disclosure Checklist
- Legal name, operating name, premises address
- Describe the uselive, recorded, dance, mix
- State capacity and whether admission is charged
- Give the reporting periodmonthly, quarterly, annual
- Name a contact for tariff questions and notices
- Identify the licensee. The legal name of the business, the operating name, and the address of the licensed premises.
- Describe the use. Live performance, recorded background music, dance class, or a mix.
- State the capacity. How many people the room holds, and whether admission is charged.
- Give the reporting period. Monthly, quarterly or annual, as the tariff requires.
- Name a contact. Someone who can answer a tariff question and receive a reassessment notice.
A useful inquiry is specific. "We play music sometimes" does not describe the use. "Recorded background music in a 40 square metre reception and lounge area, no admission charge, twelve months" gives the licensing service something to assess; it is an example description, not official form language.
An internal reminder worth keeping on file, not official licence wording:
A licence covers the uses its terms authorize. Before changing the use, check whether the licence covers the new activity.
Records to keep
Collectives audit. Keep the paperwork that proves what you reported and when. Confirm the reporting dates and record-retention requirements for each applicable tariff with the licensing service, and keep its written response.
Records to Keep for Audit
- Copies of every licence and renewal notice
- Payment receipts with tariff reference number
- Log of when music played in each space
- Correspondence about change of use or new room
If you add a second room, a live stream, or a public event, tell the collective before the event, not after. A studio that also sells production time to visiting artists should keep client agreements consistent with its own licensing position, and the music studio client contract clauses are a reasonable starting point for that paperwork.
What happens if you do not
A collective can pursue recovery of unpaid royalties in a court of competent jurisdiction under the Copyright Act; the Copyright Board is not the court that orders recovery. Interest depends on the applicable terms, and court proceedings can involve legal costs.
A claim concerning two years of music use must still be checked against the actual uses and applicable limitation rules. The Copyright Act sets limits on civil claims; the date a letter arrives does not by itself establish the period or amount owed.
There is no small-studio exemption written into the Act. Size can affect a tariff's calculation, but music source and use also matter. The Copyright Act exempts public performances by means of a radio receiving set outside theaters ordinarily and regularly used for entertainment with an admission charge.
Separate licensing from local requirements
Copyright licensing operates under the federal Copyright Act, while the applicable tariff depends on the music use. Describe background listening, showcases and production work separately rather than assuming that a dance studio tariff covers a recording facility.
Quebec, Ontario and British Columbia each have their own mix of provincial and municipal noise rules layered on top of the federal copyright regime. Those rules govern sound levels, not licensing, so passing a noise inspection says nothing about your SOCAN or Re:Sound position.
Studios that serve artists across the border should distinguish activities in the Canadian room from activities in a US suite, because a US session raises separate licensing questions. Locally, zoning and noise rules can add conditions that a federal licence does not address.
For the money side, licence fees are a business expense, and the Canada Revenue Agency treats them like any other deductible cost. The CRA guidance on GST/HST for businesses explains how to handle tax on those payments.
