October 2011 Edition - Volume 2 A Quarterly Newsletter SOUND Your Guide to what is happening at your AFM/CFM Local 571 - Things are changing. Let’s Continue Moving Forward!

32-B St. Margaret’s Bay Road, Halifax, NS B3N 1J7 ph. 902.479.3200 fax: 902.479.1312 toll free 1-866-240-4809 email: [email protected] Work Dues Buyout CFM & Ad Industry Secretary-Treasurer’s SOCAN New Members New Benefits Program Declaration Form Reach a Tentative Report We would like to Arts and

How Your Music Further details on how Agreement. Page 3 Makes Money introduce you to some of Entertainment Plan Welcome to SOCAN SOCAN and its predecessors have been administering the performing rights of Canadian songwriters, composers, to complete the form. Page 4 lyricists, and music publishers for more than 80 years. our newest members. Page 3 That tradition continues today in an organization that is leading the way in the rapidly evolving music industry for

Communiqué FRANÇAIS plus bas more than 85,000 members, and hundreds of thousands

of creators and publishers worldwide.

SOCAN is governed by a member-elected Board of

Page 15 & 16 Classified shown in Directors, made up equally of publishers and writers, and                 guided by a Passion for Service. In addition to our

For I mmediate Release - Toronto, on October 11, 2011 members, we serve our music-user customers. We offer Canadian Federation of Musicians (CFM) has reached terms of an agreement with the Association of Canadian Advertisers (ACA) and the Institute of Communication Agencies (ICA) to renew the Commercial them access to one of the world’s most valuable cultural Announcements Recording Contract. This is the industry standard collective agreement governing the production of music and audio tracks for commercials in Canada. Members will vote on the terms of this new agreement in the upcoming weeks. assets: virtually its entire repertoire of copyright-protected

The future of compensation for all music rests in digital distribution, explains Bill Skolnik, AFM Vice music for communication and public performance. President from Canada & CFM Chief Executive Officerthe advertising industry enthusiastically embrace our evolving relationship and do the right thing by looking after the needs of picture below.

The proposed deal includes general increases in minimum fees of 3% in year one and 2.5% in each of years two and three of the new three year agreement, as well as a one-time increase of 1% in Industry contributions to the Musician Pension Fund of Canada, on behalf of all musicians who perform under this agreement.

The parties have agreed to enter into a pilot-project to assess commercials made for New Media, monitor the use of this clause and to meet regularly to review the findings.

Over the past year, a caucus of rank and file musicians worked together to carve out the terms of this ground breaking new agreement. that required collective thinking and cooperative effort by all parties. Its success sets the tone for other negotiations currently taking place, such as our fruitful discussions . Skolnik.

!"3" and needs of professional musicians who earn their living in this country. Everyday CFM helps thousands of Page 1 & 2 musicians with any number of issues related to the recording and performing of their craft. The American Federation of Musicians of the United States and Canada draws on the experience and strength of more than 90,000 musicians, with over 17,000 active members in Canada alone. Proudly celebrating 31 remarkable years of service, CFM is uniquely positioned to address Canadian issues, and provides vital resources for Canadian musicians, at any stage in their careers. For more information please visit us at www.cfmusicians.orgCFM on twitter CFM on Facebook.

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MEDIA CONTACT: Victoria Lord, Office: 416-484-9047 / [email protected]

Neighboring Rights Nova Scotia Music Week November 3-6 Including Forms Find out the Important information. Benefits! Pages 7, 17 & 18 Page 8-13

Congratulations! New Member Profiles

Congratulations to all our prize winners announced at our recent general membership meeting held at the offices of McInnes Cooper on July 26, 2011.

Our top prize winner of the HD Zoom was David Langstroth.

Winners of the four Pharmasave $50 Gift certificates were Donald H. Fraser, Paul Mason, Frank MacKay and Jennifer Jones.

Winners of the 8GB USB drives were David McDonald, Jason Spinney, Sandy Greenberg, Mark Morton, Morgan Davis and Ron Noiles. Meet our newest members, The Stanfields, a maelstrom Winners of the CFM t-shirts were Joyce Delong, Virginia of rock 'n' roll, Celtic and bluegrass, hailing from the Beaton, Tim Elson, Stephen Pedersen, Anna Ludlow, Evan gritty post-industrial towns of Nova Scotia, Canada. Ferguson, Peter Power, Gwen Dawson, Damien Moynihan, Aaron Mangle, Peter Bevan-Baker and Gail Teixeira. The Stanfields play every show like it's their collective last night on earth. Their kitchen party harmonies, Winner of the 2012 membership dues was Chris Church. thunderous rhythm section, high-octane stage show and genuine chemistry have won over audiences from coast Thank you to all of our sponsors who made this draw possible. to coast. (cont. on page 2) thestanfields.ca

The Sound 1 THE SOUND-OCTOBER 2011

New Member Profiles.. (cont. from page 1) Ellen Gibling is a celtic and classical harpist recently returned to Halifax after Since forming in the summer of 2008, The Stanfields wasted no time obtaining her undergraduate degree in making their mark on the venerable Atlantic Canadian music scene. Harp Performance at McGill in 2009, Hailed as "The Clash meets Steve Earle" by Great Big Sea's Sean with the generous help of the Nova McCann and "The Bastard Children of AC/DC and Stan Rogers" by Scotia Talent Trust. Halifax's Q104 FM, further accolades began rolling in, including a She studied with Cheryl Reid-O'Hagan double win for "Best New Artist" and "New Artist/Group Recording" and Karen Rokos in Halifax, and with at the 2009 Nova Scotia Music Awards. In November 2010 The Jennifer Swartz in Montreal. Ellen has Stanfields picked up a third Nova Scotia Music Award for Best enjoyed playing as an orchestral harpist Alternative Band In November 2010 The Stanfields picked up a third in the McGill Symphony Orchestra, the Nova Scotia Music Award for Best Alternative Band before being Scotia Festival Orchestra, and the World voted Halifax's "Best Band" and "Band Most Likely to Make it Big" by Youth Orchestra of Jeunesses Musicales, readers of The Coast magazine. The Coast recognized the band again among others. Her particular interest is in 2011 for "Best Local Video", "Best Single", and for the third playing for opera and choral music. consecutive year, "Best Band to get trashed to". She collaborated on a premiere with Vital Organs New Opera company in Montreal this summer, and hopes to continue to be The Stanfields continued their winning streak with an 2011 East Coast involved in projects that bring harp music to the theatre. She has also Music Award for Rising Star of the Year along with three other been on tour and in the studio with fiddler Sarah Burnell, and keeps nominations including Entertainer of the Year, making them the most- up an active participation in local Irish sessions. nominated band of the event. It's no surprise they've been hailed as Ellen is currently teaching private harp lessons, and looking forward Halifax's next big musical export with Halifax Magazine recently to upcoming performances with Symphony Nova Scotia, the Halifax declaring, "These guys are going to be big." The band has been Camerata Singers, the Heavy Blinkers, and with her duo partners, heavily embraced by the local media and their community, earning flutist Jack Chen, and fiddler Rachel Kidd.” the #1 spot on Q104's Top 104 songs of 2010 and securing cover features in local weekly papers The Coast and Here Magazine. "Home Grown" are a man The Stanfields' folk-influenced rock sound is not only turning heads and wife singer/songwriter on the east coast but across the country as well. ChartAttack wrote, duo, both born and raised in "The Stanfields make you proud to be a Maritimer, and jealous if you Halifax, Nova Scotia. Susie aren't." Most recently, the band hit Toronto for a jam-packed showcase and Chris Godwin are at this year's Canadian Music Week opening for Big Sugar and Wide active members of SOCAN, Mouth Mason at Sound Academy. Lithium Magazine proclaimed that Music Nova Scotia and the Songwriter's Association of the band was "a tough act to follow, even for Wide Mouth Mason." Canada. The Stanfields' groundbreaking live performances have earned them much-lauded opportunities to shine on stages at the Vancouver Chris plays both melodic and blues harmonica to compliment Olympics, 2010 Nova Scotia Music Awards and 2011 Canada Games Susie's acoustic folk/blues/soft rock vocals. Susie delivers a Opening Ceremonies, and CTV's New Year's Special in Halifax. They unique earthy, soulful, sultry sound with captivating tone, pitch have shared the stage with the likes of The Arkells, Big Sugar, Great and clarity in her voice. Big Sea, Matt Mays, and many more. They both sing and play acoustic guitar. Chris has been writing The Stanfields debut recording has turned a lot of heads. Vanguard of songs for many years and Susie has been a songwriter since 2004. the Young and Reckless was released on GroundSwell/Warner in June 2010 and mirrors the intensity of the band's live performance. A "Home Grown" has been playing various open mics around town thematic departure from traditional Canadian East Coast fare where such as Music Nova Scotia's Open Mic at The Carlton, with a good times and family values are emphasized and celebrated, previous guest spot at "The Wooden Monkey" and "The Foggy Vanguard explores the darker, unspoken side of Maritime living and Goggle". how it relates to an increasingly globalized world. “On a beautiful August 2010 afternoon we performed our originals at an outdoor stage Benefit, hosted by our well respected, blues, singer/Songwriter friend, Shirley Jackson and The Sidecats”.

Home Grown like to perform blues covers as well and participates in Blues Jams around town...Susie sings tunes such as "Stormy Monday", "Bring It On Home To Me", "Flip Flop & Fly", “Fever”, "Pride & Joy", "Sweet Home Chicago", “Can't You See”, and “Summertime” to name a few. Chris is awesome on blues harmonica at these blues jams and delivers great talent to the stage. www.reverbnation.com/godwin2 2 The Sound THE SOUND - OCTOBER 2011

Secretary-Treasurer - VARUN VYAS CFM Vice-President - BILL SKOLNIK

Dear Brothers and Sisters, Dear Member:

As your Secretary-Treasurer and Editor of our Being a healthy musician has three benefits; it helps you produce better Sound newsletter, I would like to provide you quality music, it helps you write more quality music in less time, and it with an update of our recent activities. allows you to create quality music for longer. How do you maintain your health as a musician? It helps to have peace of mind that you and your I recently attended the Canadian Conference family’s medical needs are looked after. of Musicians, held in Calgary this year. I sat on the Credentials Committee, which was a Today, only 12% of professional musicians in Canada have access to dental great opportunity for me to meet other benefits, while a mere 14% have access to a drug plan. I believe our delegates representing our sister Locals across membership deserves more. More support, more information and Canada. awareness and the very best access to health benefits tailor-made for us, self-employed people in the arts. And so it gives me great pleasure to AFM USA President Ray Hair and Secretary- introduce a brand new health care option now available to all CFM Treasurer Sam Folio were present at the members. conference. I am cautiously optimistic that Administered by Actra Fraternal Benefit Society (AFBS), CFM has worked they are sincere in their commitment to closely with ACTRA National and ACTRA RACS to create the new Arts & support us Canucks up north. Entertainment Plan™, a “no-frills” health, dental and prescription drug Nova Scotia Music Week: We are excited to be plan designed to help fill in the gaps in provincial health care coverage. participating as a Sponsor in the upcoming And there is no medical required. Affordable and flexible, the Arts & Nova Scotia Music Week being held in Entertainment Plan™ also allows you to add home and auto to your Yarmouth, NS from November 3-6. Liana personalized plan. White from our CFM Toronto office will also AFBS has been around since 1975 and represents a community of 17,000- be in attendance and will participate in panel plus self-employed performers and writers whose creativity enriches every discussions promoting all of the benefits our aspect of our cultural lives. AFBS understand artists’ needs. They have organization has to offer. designed this program with you in mind to ensure that you, and your family, can obtain an affordable plan with good coverage, regardless of Pension: We are seeing increased pension age, gender, employment status, or location. This plan’s for you! Please contributions being remitted. Let’s continue check it out at www.artsandentertainmentplan.com, or we invite you to the trend. Remember, Music Teachers can call 1-800-387-8897, you can also email your questions to participate in the Musicians’ Pension Fund of [email protected]. Canada. In addition to these enhanced health and dental plans, I’d also like to take Workshops: We hope to have a SOCAN this opportunity to remind you of the gear and liability insurance options workshop in the near future. Please contact also available with CFM’s Hub Insurance package. This member service the office if you would be interested in has been in place for nearly 4 decades and continues to be the best plan out attending such a workshop. there to protect your instruments and to provide the increasingly necessary personal liability insurance. For more information on how this plan can Our CFM Vice-President, Bill Skolnik, will be work for you please contact: Hub International, Sandra Sween, 1 800 in Halifax to promote the status of the artist 563-9441 EXT: 253 or [email protected]. legislation with our government officials. He will also be our guest at the upcoming General Sincerely, Membership Meeting.

We are working with a new sponsor. They Bill Skolnik, will be engaging AFM musicians for AFM Vice President from Canada upcoming regular events. Details coming & CFM Chief Executive Officer soon.

Fraternally, Varun Vyas 479-3200 email: [email protected] The Sound 3 THE SOUND - OCTOBER 2011 Communiqué FRANÇAIS plus bas

               

For I mmediate Release - Toronto, on October 11, 2011 Canadian Federation of Musicians (CFM) has reached terms of an agreement with the Association of Canadian Advertisers (ACA) and the Institute of Communication Agencies (ICA) to renew the Commercial Announcements Recording Contract. This is the industry standard collective agreement governing the production of music and audio tracks for commercials in Canada. Members will vote on the terms of this new agreement in the upcoming weeks.

The future of compensation for all music rests in digital distribution, explains Bill Skolnik, AFM Vice President from Canada & CFM Chief Executive Officerthe advertising industry enthusiastically embrace our evolving relationship and do the right thing by looking after the needs of

The proposed deal includes general increases in minimum fees of 3% in year one and 2.5% in each of years two and three of the new three year agreement, as well as a one-time increase of 1% in Industry contributions to the Musician Pension Fund of Canada, on behalf of all musicians who perform under this agreement.

The parties have agreed to enter into a pilot-project to assess commercials made for New Media, monitor the use of this clause and to meet regularly to review the findings.

Over the past year, a caucus of rank and file musicians worked together to carve out the terms of this ground breaking new agreement. that required collective thinking and cooperative effort by all parties. Its success sets the tone for other negotiations currently taking place, such as our fruitful discussions . Skolnik.

!"3" and needs of professional musicians who earn their living in this country. Everyday CFM helps thousands of musicians with any number of issues related to the recording and performing of their craft. The American Federation of Musicians of the United States and Canada draws on the experience and strength of more than 90,000 musicians, with over 17,000 active members in Canada alone. Proudly celebrating 31 remarkable years of service, CFM is uniquely positioned to address Canadian issues, and provides vital resources for Canadian musicians, at any stage in their careers. For more information please visit us at www.cfmusicians.orgCFM on twitter CFM on Facebook.

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MEDIA CONTACT: Victoria Lord, Office: 416-484-9047 / [email protected]

www.musicnovascotia.ca/nsmw

THERE IS A BOARD VACANCY - DO YOUR PART - GET INVOLVED!

The Sound 4 THE SOUND - OCTOBER 2011

Margot Aldrich has been a professional violist for 25 years and member of AFM, Local 571 since 1996. She has been the Assistant Principal violist with Symphony Nova Scotia since 1996 and a member of the Blue Engine String Quartet for 13 years. She is currently on leave from the Symphony, working for the past year and a half as a licensed Realtor.

She is excited to be a part of the Royal LePage Atlantic team and welcomes AFM 571 members to contact her for their real estate needs. She is willing to go the extra mile for her clients and would welcome the opportunity to assist you with buying or selling your home. It’s been her privilege to work with many musicians over the years, and she looks forward to working with her fellow musicians for all of their real estate needs.

She can be reached at 233 8844 (cell) or 453 1700 (office).

SYMPHONYNOVASCOTIA.CA

Evelyn Crete, the daughter of Ken Davidson, has written a biography of her father, a well known Canadian guitar instrumentalist. The book is entitled Ken Davidson: A True Gentleman of Music. The book covers Ken’s early years in the Maritimes, his time in Ottawa and the Valley and his return to Nova Scotia. During the early years, Ken performed on stage and radio with groups such as Billy Reid and his Hawaiian Serenaders, J. B. Ham and the Sons of the South, Emilio Pace’s Orchestra and his own Ken Davidson Trio. After leaving the Maritimes Ken spent about twenty years in Ottawa where he performed with The Happy Wanderers and was an original member of the Family Brown. In his later years in the Maritimes Ken opened his own music studio where he continued to teach, arrange and compose music. Along with forming his own music groups, his repertoire expanded to include the fiddle and banjo and he performed with other notable musicians in various Country, Dixieland, Jazz and Swing bands. In his lifetime, he has performed with legendary entertainers such as Wilf Carter, Hank Snow and many others. Ken Davidson has been inducted in three music Halls of Fame, The Ottawa Valley Country Music Hall of Fame, the Atlantic Steel Guitar Club Hall of Fame and The Nova Scotia Country Music Hall of Fame. His book is available for $24.95 plus shipping from Evelyn Crete at the following email address: [email protected]

The Sound 5 THE SOUND - OCTOBER 2011   Please Note:   Sales / Repairs / In-Store Financing Trades / Used Instruments Bought & Sold The Music Performance Fund (MPF) is the world's largest sponsor of live School Band Rentals & Rent-To-Own Programs admission-free, professional musical programs. MPF operates as a non-profit, tax- Clinics / Lessons for All Ages, Levels & Styles exempt public service organization. From its New York office it distributes funding across the US and Canada to support free admission musical events. Bedford, 1717 Bedford Hwy. 902.496.6960 The fund provides for Live Music Performances which are free to the general Dartmouth, 124 Main St. public. It operates on a co-sponsorship basis between a co-sponsor and a Local 902.496.6996 Office of the AFM/CFM. The rate of funding is based on an individuals Local’s Halifax, 6065 Cunard St. Tariff of Fees. 902.496.6900 Any and all manner of musical styles are eligible provided the venue is Free and Open to the public in general. No commercial ties, special interest fundraisers, or alcohol sales may be connected with the performance venue. Credit must be visibly displayed or orally given to the Recording Industries Performance Trust Fund and The Atlantic Federation of Musicians, Local 571. If you have any questions or have a project or performance in mind for MPF funding, please contact us by email or by telephone: 479-3200. We will work with you to make sure it meets the criteria of this program. For general information about MPF and the thousands of concerts and educational events they have sponsored over many years, you can visit their website: www.musicpf.org

Limited MPF funds are available for the following engagements:

30% MPF co-funding available for general musical concerts 40% MPF co-funding available for Hospitals, Assisted living etc. 50% MPF co-funding available for school projects

Veteran’s facilities are on a case by case basis.

Please Note: MPF Application Forms have been revised. Please contact the office for Venue Sponsor details.

Can You Help?

Do you have old instruments that are collecting dust? Why not consider donating them.

St. Joseph’s A MacKay Elementary School is trying to raise funds to purchase and/or repair instruments.

If you are able to assist, please contact the Local.

GENERAL MEMBERSHIP MEETING TUESDAY OCTOBER 25, 2011 - 7:00 PM AT THE OFFICES of MCINNES COOPER, 13th floor, PURDY’S WHARF TOWER II For our General Membership Meeting, Parking is available in the Purdy's Wharf Parkade and the Casino Parkade, both of which are connected to Purdy's by pedway. Purdy's is a secure building. You will be met at the ground floor entrance and at the pedway entrance, and escorted to the elevator. If you arrive on the ground floor or at the pedway entrance after 7:00, please call 401-8333 or 209-7033 and you will be met and escorted into the building. Yes, Parking will be validated!

6 The Sound THE SOUND - OCTOBER 2011

Neighbouring Rights REGULAR MEMBERSHIP DUES Until 1997, royalties for broadcasting or public performances were only provided to composers PAYMENT OPTIONS: and lyricists under copyright law. Neighbouring rights now provide compensation for performers and producers of sound recordings. 1. Yearly - One Payment of $162.00 Neighbouring rights is the term used to refer to the tariff collected and paid out to performers (covering January 1-December 31) - Due Jan. 1st and sound recording owners when their respective performances and sound recordings are 2. Half-Yearly - performed publicly, broadcast, rented out, reproduced and/or otherwise commercially distributed. 1st Half - $86.00 The Neighboring Rights Revenue that is collected by Re-Sound (formerly NRCC – Neighboring (covering January-June 30) - Due Jan 1st Rights Collective of Canada) breaks down into two revenue streams. They are: 2nd Half - $86.00 (covering July 1-December 31) - Due July 1st ◦ The Performers revenue stream 3. Quarterly - ◦ The Record Producers (“Makers”) revenue stream. 1st Quarter - $45.50 (covering January 1-March 31) - Due Jan. 1st 2nd Quarter - $45.50 (covering April 1-June 30) - Due April 1st 3rd Quarter - $45.50 (covering July 1-September 31) - Due July 1st 4th Quarter - $45.50 (covering October 1-December 31) - Due Oct. 1st

GENERAL MEMBERSHIP The Performers revenue stream is disbursed to MROC as well as to ACTRA/PRS/RACS and MEETING Artisti to be paid out to their respective eligible members. Tuesday October 25, 2011 - 7:00 PM The Record Producers revenue stream is disbursed to AVLA and SOPROQ to be paid out to their respective eligible members. at the offices of MCInnes Cooper, Performers who are also owners of their sound recording are entitled to receive revenue from 13th floor, Purdy’s Wharf - Tower II both streams. 6:15 PM Sociable Re-Sound Music Licensing Company (formerly NRCC) – Re-Sound is a Canadian not-for-profit Beverages & Snacks music licensing company that provides businesses with the music licence(s) legally required when broadcasting music, or playing recorded music in public. This organization is responsible for collecting tariffs as set down by the Copyright Board when a performance is played on We would like to encourage all musicians broadcast radio, background music or satellite radio for example. This organization is to become members. This is an responsible for filing and defending tariffs with the Canadian Copyright Board. Re-Sound important goal for our Local and with represents MROC on the Board of Directors of the Canadian Private Copying Collective. your input and support, we can make a Monies received are divided equally between artists and record companies. positive change. Please note in Article 7, Section 8, subsection 9, “No member

SIMPLICITY | FUNCTIONALITY | GREAT DESIGN Morrison & Co. shall Participate in any paid engagement with any musician who is not a member, without the consent of the Executive Board.”

Please visit Symphony Nova Scotia’s

Morrison & Co. has been creating extraordinary Players Association website to find out designs in Nova Scotia since 2001. more on their members and activities. All of our clients can find a custom design that will satisfy all of their needs. http://www.snsplayersassociation.ca/ SNS_Players_Association.html FULL SERVICE DESIGN CONSULTATION. HANDMADE CABINETRY & MILLWORK. HOME RENOVATIONS.

12 Maynard Street, Dartmouth, N.S. T: 902-476-3892 E: [email protected] www.morrisondesignco.com

The Sound 7 THE SOUND - OCTOBER 2011

How Your Music Makes Money Welcome to SOCAN SOCAN and its predecessors have been administering the performing rights of Canadian songwriters, composers, lyricists, and music publishers for more than 80 years. That tradition continues today in an organization that is leading the way in the rapidly evolving music industry for more than 85,000 members, and hundreds of thousands of creators and publishers worldwide.

SOCAN is governed by a member-elected Board of Directors, made up equally of publishers and writers, and guided by a Passion for Service. In addition to our members, we serve our music-user customers. We offer them access to one of the world’s most valuable cultural assets: virtually its entire repertoire of copyright-protected music for communication and public performance.

8 The Sound THE SOUND - OCTOBER 2011 Who Plays What:

Identifying Music Use After a member has joined SOCAN and registered his or her works, the next step in the partnership between SOCAN and the member is the payment of royalties. SOCAN’s advanced system and processes ensure timely and accurate collection and payment of royalties for over 80,000 members in Canada, and hundreds and thousands more creators and publishers worldwide. In order to pay these royalties correctly, SOCAN first has to identify “who is playing what.” To do this, SOCAN constantly monitors several areas of communication and performance: Radio: Begining with our August 2007 distribution, SOCAN started using digital audio identification (DAI) technology through an agreement with a leading supplier of radio performance data to electronically monitor over 150 commercial radio stations on a census basis. As well, the Canadian Broadcasting Corporation (CBC) continues to provide airplay logs of national and regional programming on a census basis. This enables SOCAN to log all detected performances from the said radio stations for distribution.

Since it is not cost-effective to log every musical performance on every radio station in Canada on a census basis, SOCAN will continue to sample the rest of the commercial radio stations on a quarterly basis to identify the use of our members’ works. Additionally, non-commercial (campus and community) radio stations and CBC local programming will be sampled. Television: ' SOCAN analyzes all music cue sheets received for programs aired on local commercial stations (including CTV and Global affiliates), cable stations, public stations (such as TV Ontario and Télé-Québec) and the CBC, Radio-Canada, TVA, and TQS networks. These cue sheets provide detailed information on the music used in all television shows. They are obtained from Canadian and international producers and distributors, international societies, members and, in some cases, the broadcasters themselves. Live performance: Performance credits are determined by SOCAN’s distribution rules for all eligible concert performances, but SOCAN must receive a licence fee from the venue or promoter before a live performance can be processed for distribution. While promoters and other concert presenters regularly notify SOCAN of performances, SOCAN relies to a great extent on information supplied by its own members through printed concert programs and completed Notification of Live Music Performance forms (available online at www.socan.ca or at any SOCAN Member Services office). Members have up to one year after a performance to submit this information.

9 The Sound THE SOUND - OCTOBER 2011

Cinema: Payments are made for music used in movies that are shown in motion picture theatres. Performance credits are based on data provided by a leading supplier of audio-visual performance data. As with television, SOCAN relies on music cue sheets from producers to identify music use and distribute royalties accordingly. Pay Audio: As with radio, it is not cost-effective to log every musical performance on pay audio channels. Instead, SOCAN samples programming information supplied by pay audio services, such as Galaxie and Max Trax, on a quarterly basis. International Performances: Through reciprocal agreements with affiliated performing rights organizations throughout the world, SOCAN distributes royalties to those affiliated organizations for performances of their members’ work in Canada. In turn, SOCAN receives royalties from its affiliated organizations on behalf of performances of SOCAN members’ works in other countries. These incoming international royalties are included in SOCAN’s International Distribution.

DOMESTIC PERFORMANCE WHERE THE MONEY COMES FROM DISTRIBUTION POOL

Television Licence fees collected from commercial and non-commercial television stations, as well as the CBC, OECA (TV Ontario), Télé-Québec and TV retransmission systems.

Cable Cable and Non-Broadcast Television licence fees collected from Pay, Specialty and other Cable Television services from transmission systems.

Cinema Cinema licence fees collected from motion picture theatres.

Radio and General Radio licence fees collected from commercial and non- commercial radio stations, CBC radio plus 80% of fees collected from the many “general tariffs” for which SOCAN does not include a specific distribution stream – i.e. licence fees collected for the public performance of music used by a background music service are included in the Radio and “General” distribution.

Concert Fees collected from concert venues, promoters, major league sporting events and orchestras plus 20% of fees collected from the “general tariffs” where there is a “live” component – i.e. performances in a bar by a performer or group.

Pay Audio Pay audio licence fees collected from Cable Television and satellite systems.

10 The Sound THE SOUND - OCTOBER 2011

A Detailed Look at How Royalties Are Earned Here is a closer look at how works are credited and royalties are established in two of the most common areas - radio and television. Giving Your Musical Work Credit Once your song appears on a census or survey and is eligible for payment from one or more distribution pools, the performance is given a credit value. These are the formulas that are used: Radio A performance of work analyzed within the Radio and General Distribution areas receives credits according to the duration of music as follows:

DURATION OF WORK CREDIT

Less than 1 minute 1 credit

1:00 minute–6:59 minutes 4 credits

7:00 minutes or longer 1 credit per minute

For example, 10 performances of your work are included in the survey, each time for a duration of 3 minutes. The total number of credits accumulated for your work is 40. Different rules apply for each of SOCAN’s distribution pools. Please consult the detailed distribution rules for a more complete explanation. Remember that our staff is always available to guide you through the process. Television This chart outlines the formula for broadcast and non- broadcast (i.e. cable).

TELEVISION – BROADCAST AND NON-BROADCAST (CABLE)

Duration of work Generally, if four minutes of a musical work are used, it earns more credits than if two minutes were used.

Multiplied by

Type of Use Your music earns different credit amounts depending on how it’s $ used (e.g. theme, background, feature and concert feature). Multiplied by

Station Weight When a musical work is performed on broadcast television, its credits will be in direct proportion to the licence fees paid by that station. On cable, credits are calculated using the audience data of each station.

EQUALS

TOTAL CREDITS

11 The Sound THE SOUND - OCTOBER 2011

How Your Royalty is Calculated With complete and accurate information from distribution pools and credits, the exact amount of your royalty can be calculated. First we must determine the value of each credit. This is calculated by dividing the money in the distribution pool by the total credits allotted to that pool: Credit Value = $ in Distribution Pool / Total Payable Credits in Pool The royalty payment for each work is calculated as follows: Royalty Payment = Total Credits for Musical Work x Credit Value Case Study Let’s take the example of “What’s Right for Music,” a hot track appearing on a cue sheet for local television station CXYZ. Based on the credit calculation formula - Duration of Use, times Type of Station, times Station Weight, times Time of Day, the musical work earns 35 credits. There are a total of 100,000 performance credits in the Television Pool (meaning that the total credits of all eligible works in the pool combined totals 100,000). There is $95,000 to be distributed. ' The value of a credit in the Television Pool is:

$$ IN DISTRIBUTION POOL ÷ TOTAL PAYABLE CREDITS = CREDIT VALUE

$95,000 ÷ 100,000 = $0.95

“What’s Right for Music” therefore earns:

CREDITS x CREDIT VALUE = ROYALTY

35 x $0.95 = $33.25

That $33.25 is then divided among the copyright owners in the way they indicated on their work registration form and/or cue sheet. When Do I Get My Money? Royalties are distributed on a quarterly basis. There is a seven to ten month delay between performance and payment for domestic distributions. This delay is necessary in order for us to gather all necessary performance data and match it to the appropriate works and cue sheets in our database. SOCAN enjoys excellent working relationships with many of the suppliers of the required information. But quite often the timely receipt of data is beyond our control, which in part accounts for some of the delay.

12 The Sound THE SOUND - OCTOBER 2011

Contact Us We would be happy to discuss our operations and our Passion for Service in more detail. Whether you are a music creator, a music publisher, or a music user, you will discover that SOCAN can be an invaluable partner in performance. Please do not hesitate to contact us by e-mail, phone, or fax with your questions and comments. For immediate information, be sure to visit our Website at www.socan.ca, or call 1-866-307-6226. www.socan.ca 1-866-307-6226 or www.socan.ca $

what’s right for music la musique a ses droits RECYCLABLE

MS 4000 06/07

13 The Sound 32-B St. Margaret’s Bay Road, Halifax, NS B3N 1J7 ph. 902.479-3200 fax: 479-1312 toll free 1-866-240-4809 email: [email protected]

New Members, 2011 Resigned Members Suspended Luke Boyd– vocals – 883-1410 Members who have not No Resigned Members paid their 2011 annual Mike Boyd– vocals – 880-2754 dues are now removed from Membership effective Jason Bruce – turntables, keys, vocals drum machine – 483-1130 but Johnny “Porko” March 31. It is contrary to Jonathan Bryant - guitar, piano, drums - 237-2787 Theodore is back home the AFM/Local 571 and available. Bylaws to perform with Jeremy Chaisson – guitar, violin – 687-2261 expelled, suspended or non-members without Koady Chaisson - guitar, banjo, mandolin, fiddle - 687-2510 Give him a call: clearance from the Local’s Margo Durling – percussion – 221-4888 999-6530 Board of Directors.

Ellen Gibling - pedal harp, Celtic harp - 999-5701 Please contact the Office Chris Godwin - harmonica, guitar, vocals - 446-0374 to make alternate payment arrangements if Susie Godwin - acoustic guitar, vocals - 446-0374 you are having difficulty with paying your dues. Craig Harris - bass - 489-2248 Vincent Hughes – violin – 876-8107 Leaders and contractors are asked to contact the Jonathan Landry - vocals, guitar - 877-1301 office for the current status of musicians prior Jason MacIsaac - guitar - 452-1540 to engaging them. Kevin MacLean – saxophone – 892-5615 Contracts are to be filed Ellen MacPhee - bagpipes, whistles - 233-5600 by the leader with the office before the Meredith McCallum - violin - 807-252-4829 engagement and work Ria Mae– guitar, bass – 802-4840 dues for freelance engagements are now the Mark Murphy - drums - 922-3795 responsibility of the individual member and Brian Pelrine – DJ, turntables – 830-9340 must be paid up to be in good standing. Anthony Savidge – drums, percussion – 697-2713 Jason Wright - bouzouki - 478-5891 Please consult your Bylaws for further details.

ATTENTION MEMBERS Atlantic Federation of Musicians Please provide the AFM 571 office with your current e-mail address 32-B St. Margaret’s Bay Road and contact info: e-mail: [email protected] with your updates. Halifax, NS B3N 1J7 E-mail is an important method of communicating important 902-479-3200 / fax: 902-479-1312 information to our members in a timely manner. It also allows the Local to minimize costs associated with providing a paper copy. Toll Free: 1-866-240-4809

HELP SAVE A TREE — OPT FOR E-MAIL COMMUNICATION www.cfm571.ca [email protected]

Payment Options for paying your membership and work dues include Visa, MasterCard &American Express by phone only. Yes, PayPal and e-mail money transfers are accepted too.

14 The Sound 



 

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The Sound 16

Canadian Federation of Musicians Musicians’ Neighbouring Rights Royalties Appointment & Authorization Form 75 The Donway West, Suite 1010, Toronto, ON, M3C 2E9 Tel: 416.391.5161 Fax: 416.391.5165 1-800-463-6333 Email: [email protected] web: www.mnrr.ca

As Agent in relation to rights to remuneration under the Canadian Copyright Act (‘Act’).   1. I, #4$14)#4B41$#55'10()# #%()#        4172)#4""5 1!'(05740!#7) #4 6#1$ '46&C 33  

'6'@#05&'2: 0"'0'6'@#0 #4)0#06#5'"#06 6    &10#")'(# 5'6#    '('0%""4#55: $1)# %75'0#55 0%#)#06 6    744#06'#) #4A           418'0!#B#44'61491$#5'"#0!#4  #$ %$! (2!#3%'%! "&#"!$$50    106!6#45104# %#!"#!##5: 0%#4 %#06 6

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%#5"#9 (#61:  411 )"#!## )!#"!#%!  %15    being a musician and performer who is, or will be, entitled to receive remuneration, royalties, license fees, levies or other compensation (collectively, ‘Remuneration’), pursuant to the provisions of Section 19 and Section 81 of the Copyright Act relating to private copying, neighbouring rights, the telecommunication to the public and/or the performance in public of published sound recordings embodying performances (collectively, ‘Uses of my Work’), hereby authorize the AFM to be my exclusive agent to collect Remuneration and distribute the proceeds of such Remuneration to me, or to any other person or entity as I may direct the AFM, in writing from time to time, and to administer and enforce my rights related to Uses of my Work. Without limiting the generality of the foregoing, I authorize the AFM to file and defend Canadian Copyright Board (‘Board’) tariffs and to implement and administer a licensing scheme for Uses of my Work in accordance with tariffs approved by the Board.

2. I confirm that the AFM acted as my agent in respect of the Neighbouring Rights Commercial RadioTariff, 1997-2002, filed by ReSound (formerly ‘NRCC’) on March 31, 1998 and approved by the Board in a decision dated August 14, 1999, and I hereby ratify the actions of the AFM in so doing.

3. I authorize the AFM to enter into agreements with other collective societies, such as ReSound, to act as its agent and/or to jointly administer the licensing schemes operated by collective societies in relation to repertoires of works, performer’s performances, sound recordings, and/or communication signals.

4. I authorize the AFM and its agents to deduct reasonable administrative fees that the AFM deems necessary to ensure that the collective administration of copyright and remuneration rights is carried out in a professional manner.

5. By this Appointment, I authorize the AFM to act as my exclusive agent with respect to any rights to Remuneration in relation to Uses of my Work that come into effect through amendments to the Act, or through any other legislative regime.

6. This Appointment shall be effective as of the date below and shall be perpetual until revoked. I understand that I may revoke this Appointment by providing written notice of my intention to revoke this Appointment to the AFM and that this Appointment will be deemed terminated ten (10) business days after actual receipt of this notice by the AFM.

7. The AFM may assign this Agreement to a company it owns or controls, and in such event, the AFM shall provide written notice of such assignment to me within thirty (30) days of such assignment.

8. Attached is a repertoire/registration form which is a complete and current list of all my Works in respect of which if they are determined to be eligible, I may be entitled to payment. I hereby acknowledge that it is my responsibility to update this list from time to time as may be necessary, and to provide AFM (in writing) with such revisions.

9. I hereby consent to the collection, use and disclosure of the (my) personal information contained herein for the purposes of identifying me as the individual entitled to receive the remunerations authorized by this form. These records will be maintained in a confidential manner except as may be required to enforce the rights and obligations prescribed hereunder.

______/______/______#4$14)#4D5'%0674#6#C 33 

The Sound 17 (11) N/A www.mnrr.ca

Page ___ of ______SIGNATURE (If there are no background performers, please state 'None')

Name of each background/session performer on recording Steve Stevens (3), Andrea Andrews (6), Kris Christopher (2), David Toms (4), (1) Vocals (2) Guitar (3) Bass (4) Percussion (5) Keys (6) Brass otes, recording contracts etc.) (If known, indicate next to each performer below):

Charles Charlies(1) (7) Woodwinds (8) Strings (9) Other______(10) Other______Name of each featured performer on recording Performance Categories ______PERFORMER MANAGER OTHER ______PHONE # (please check one):

Please refer to the FAQ or contact MNRR - 416.391.5161 Toll free 1.800.463.6333 email: [email protected] (Studio name/Country) CAPACITY Location of Recording Year of Release Questions or concerns? - g

eg. record label) who paid for recordin y Please submit any additional information where possible (cd's, liner n Part ( Recording Owner MUSICIANS' NEIGHBOURING RIGHTS ROYALTIES (MNRR) - REPERTOIRE REGISTRATION FORM Charles Charlies Sony Music Canada 2009 Example Studios/Canada ______NAME PERFORMER'S NAME: EMAIL

Track Title Artist and/or Band _____/______/_____

EXAMPLE (dd/mm/yy)

DATE CONTACT INFORMATION I have the authority to provide above information, which is accurate best of my knowledge

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