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Frequently AskedQuestions.
General
Please contact SOCAN to speak with a representative from our Membership department.
SOCAN works with music creators and publishers, Canadian businesses and events, and other music rights organizations worldwide. We work to ensure that our more than 175,000 members – songwriters, composers, and music publishers, and the hundreds of thousands of creators and publishers from around the world – are compensated when their music is broadcast or performed in public. We serve and champion music creators and publishers, advocate for them, and protect their rights.
SOCAN is a not-for-profit music rights organization that connects more than four-million music creators worldwide, and more than a quarter-million businesses and individuals in Canada. More than 175,000 songwriters, composers, and music publishers are its direct members, and more than 100,000 organizations are Licensed To Play music across Canada. With a concerted use of progressive technology and unique data, as well as a commitment to lead the global transformation of music rights, SOCAN is dedicated to upholding the fundamental truths that music has value, and that music creators and publishers deserve fair compensation for their work.
SOCAN offers music licenses for virtually all types of business music use. Your business may therefore need more than one license depending on the various uses you make of the music (eg one license for background music, one for live music, etc.). Click here to learn more about SOCAN licensing.
Concert Performances
To receive concert royalties, you must complete and submit a Notification of Live Performance (NLMP) form, along with proof of your performance (e.g., a ticket stub, program book, contract, etc.). SOCAN Members have up to one year from the date of the performance to submit this information to SOCAN. Once we receive the license fee payment from the promoter and/or venue, you can expect to be paid through SOCAN’s quarterly distribution.
In Canada, you pay taxes only on income received in that time-period.
SOCAN maintains a list of Unidentified Concert Performances in the members’ secure section of socan.com. Simply log in, then go to SOCAN Performances & Repertoire, select Unidentified Performances, then select concerts with no set lists. We encourage you to search that list for any concerts where you believe your music was performed, and for that matter, any other unpaid concerts of which you may be aware. We need your help to get you paid.
Visit the SOCAN Resource Centre for detailed information on how to submit your set list/concert notification.
The sooner we can identify what was performed, the sooner we can get the royalties to the right people. But we will not distribute or release any funds until we know where they should rightfully go. Visit the SOCAN Resource Centre for detailed information on how to submit your set list/concert notification.
Copyright
Sometimes called the "mechanical" right, the reproduction right is the right to authorize the reproduction of your musical work on various media including streaming, downloads, CDs and vinyl records.
Using any samples without permission of the original copyright owner may constitute copyright infringement. In that case, both the copyright owner of the recording of the song or composition, and the copyright owner of the song or composition itself, must grant permission.
If you wish to arrange or adapt an original copyright-protected musical work, you must obtain permission from the copyright holder of that work.
Anyone wishing to copy a song must first seek the permission of the copyright owner(s) by obtaining some mechanical or reproduction rights license.
In Canada, copyright generally lasts for 70 years after the author (or the last surviving author) dies. However, there are exceptions. Copyright laws are different in other countries and the term of copyright may vary.
Copyright is inherent upon the creation of a musical work.
The Canadian term "fair dealing" is similar but not the same as the American term "fair use." In Canada, it means that copyright is not infringed when a part of a work is used for private study, research, education, parody, satire, criticism, review or news reporting. Fair dealing is a case-by-case assessment based on factors set out by the Canadians courts.
SOCAN represents the "small" performing rights in songs and compositions. When they’re used in theatrical shows and/or operas that combine the music with staging, dialogue, and costuming, it’s referred to as a "grand" right. Anne of Green Gables by Norman Campbell, and The Nutcracker by Pyotr Tchaikovsky, are both productions which have "grand" rights. To obtain a grand right license, you must contact the publisher of the songs and compositions.
In Canada, a song or composition enters the public domain 70 years after the year of the death of the last surviving writer/composer/author of the work. No fees are typically due if all the songs or compositions in a performance are public domain. You’re responsible for submitting a program to SOCAN for final determination.
A performing right is the right to perform musical works in public or communicate them to the public by telecommunication. SOCAN members have assigned this right to SOCAN to administer (i.e., license and distribute royalties) and enforce on their behalf. Tariffs for performing rights are set by the Copyright Board of Canada.
The Copyright Board of Canada is an economic regulatory body empowered to establish, either mandatorily or at the request of an interested party, the royalties to be paid for the use of copyrighted works, when the administration of such copyright is entrusted to a collective-administration society.
You can review both rights on the SOCAN Rights Management page.
Digital Audio Identification
No. Mediabase tracks radio airplay. It doesn’t submit music to radio stations for airplay. |
Check with your record label or management to determine whether your songs have been sent to Mediabase. If you don't have someone doing this on your behalf or if you’re still uncertain, you can contact Mediabase by e-mail at support@mediabase.com .If your songs are not currently registered with Mediabase, visit the Mediabase website. |
Mediabase encodes (or “fingerprints”) songs received from radio stations, record labels, managers, publishers, songwriters, etc. Mediabase is an industry staple in the business of radio reporting. Read more about Mediabase. |
A song must be registered with both SOCAN and Mediabase in order to be paid in the current distribution. A song identified in the performance data provided by Mediabase that has not been registered with SOCAN will be categorized as “unidentified” until it is identified, at which time payment will be processed. If you have additional questions please contact support@mediabase.com. |
Membership
There is no cost to become a SOCAN member.
Your membership will be renewed every two years automatically, unless you notify us in accordance with your agreement in writing that you wish to terminate your SOCAN membership.
The music publisher is the business partner in a musical composition. A good music publisher has the knowledge and contacts to promote a song or composition. Typically, a publisher enters into an agreement with the songwriter, whereby the songwriter assigns partial ownership and control of their songs to the publisher, in exchange for a percentage of the income derived from the exploitation of them. A reputable publisher never charges a fee for his/her service.
SOCAN collects license fees from businesses that use music in Canada. Revenues are also received from SOCAN’s international peers for the use of its members’ works around the world. All the royalties that we collect – less our operating costs – are passed on to our members and affiliated societies.
You can register the song, indicating the division of ownership shares, and we’ll distribute your portion to you. Your co-writer will, unfortunately, not collect until they join SOCAN or an affiliated international performing rights society.
Private Copying
A SOCAN distribution of private-copying royalties occurs once SOCAN receives our share of royalties from the Canadian Private Copying Collective. The royalties are distributed as part of the regular quarterly distributions.
All new SOCAN members have the option to assign this right to SOCAN and grant SOCAN the right to collect these royalties on their behalf. Your welcome package contains further information on this. Next, you must complete a Letter of Direction for all works in your catalogue. The Letter of Direction tells us how you want your private-copying shares paid (e.g., pay writer and publisher shares to the publisher). A Letter of Direction can be mailed to you or you can print the PDF version from the SOCAN website.
The Copyright Board has assigned this role to the Canadian Private Copying Collective (CPCC). Private-copying royalties are collected and paid to the CPCC by the manufacturers and importers of blank media (e.g. CDs). SOCAN then makes claims to the CPCC on behalf of its members, based upon performance data collected and sales figures provided by Soundscan. These royalties are then distributed to our members to compensate copyright holders for the recording of musical works for private use. In order to receive private-copying royalties, SOCAN members must first assign SOCAN the right to collect these royalties from the CPCC on their behalf.
A "private copy" is a copy of a sound recording, or a substantial part of a musical work, of recorded music that is made by an individual for his or her own personal use. A copy made for someone else, or for any purpose other than the copier's own use, is not a private copy. In Canada, private copying is legal and does not infringe on copyright. Under Canada's Copyright Act, it is legal for individuals to copy recorded music for their own personal use. In exchange, there is a mechanism in place to compensate those with rights in that music: royalties for private copying.
International Royalties
If your repertoire of songs isn’t sub-published, societies in foreign territories have a couple ways of obtaining the details. The most common way is to consult CIS-Net. CIS-Net is a tool that allows societies, like SOCAN, to input the details of the domestic repertoire of songs they represent. In the case of SOCAN, “domestic” refers to any repertoire that is composed, written, or published by a SOCAN member. When SOCAN inputs repertoire on CIS-Net, all other societies are able to view the relevant details of all shareholders (names, IP numbers, share splits, etc.,). SOCAN shares the details of all its identified repertoire on CIS-Net. In this context, “identified” refers to repertoire where all the shareholders have been identified, and all of the shares allocated. If a society is unable to find your repertoire on CIS-Net, they would use title and performer information to identify an associated society and contact them to request a fiche. The fiche will contain all the details that would be posted on CIS-Net. If SOCAN is contacted and we have no record of the song, we will research the song to identify a rights holder. Where we are able to identify a rightsholder, we will contact them to initiate registration of the song in order to claim associated royalties.
If your repertoire of songs is sub-published in a foreign territory, it is the responsibility of your sub-publisher to register your songs with the relevant society in that territory. This may happen in a number of ways: CWR (Common Work Registration) files, on-line registrations, emails, etc.
First make sure your songs are registered with SOCAN. SOCAN will collect your internationally royalties through their reciprocal agreements with other territories. You can learn more about international royalties here. If you meet payment thresholds as directed by the music rights organization in each territory, then your international royalties will seamlessly be directed to SOCAN on your behalf. Keep in mind, there are different rules in each territory and not every territory collects royalties for every use.
Royalties
It doesn’t impact SOCAN royalties. Currently, the threshold applies to the master recording royalties, not the composition royalties. SOCAN will continue to receive usage data from Spotify on all songs played on the platform and will continue to distribute license fees we receive based on that data and SOCAN’s Distribution Rules.
Make sure you are informed. If you are a SOCAN member or client and have registered your works with SOCAN we will collect ALL performing and/or reproduction rights royalties owed to you. We do this on your behalf through our reciprocal agreements with other Music Rights Organizations around the world. It is important to keep your catalogue up to date with any new work registrations and/or notify SOCAN of any new publishing agreements. Be sure to notify SOCAN of international uses of your works, and it’s always a good idea to review your statements. Call or email us if you have any questions, and we’ll be sure to investigate, on your behalf, any unclaimed royalties that may be owed to you.
SOCAN members do not pay GST/HST on their SOCAN royalties. SOCAN collects the GST/HST from the music users (licensees) and remits it directly to the government. Therefore, no GST/HST is either paid with or deducted from your quarterly royalties. SOCAN is registered under the Artist Representative (GST/HST) Regulations of the Excise Tax Act, which means it is in charge of collecting and remitting GST/HST to the government on behalf of our members. If you are questioned by Revenue Canada personnel, you should remind the representative of subsection 177(2) and the “Artists’ Representative (GST) Regulations” (SOR/91-25) of the Excise Tax Act. If you have any other tax related questions, we recommend that you consult an accountant.
No. All radio performances appear on one radio statement. Census, survey and CBC performances are distinguished as RCEN, RSUR or RCBC. If you have online statements, you will be able to drill down to see further details for each performance (e.g., the specific station).
No processing fees are charged on incoming money received from international societies.
Your quarterly distribution statement includes information about the source of any domestic radio, television, internet, internet audio-visual, YouTube, and live (concert) music performance royalties as well as any international performance royalties.
Yes. SOCAN does offer advances to qualifying members upon request. Advances are based on a consideration of a member’s past earning history, and the confirmation of any significant amount of money expected to be earned in the very near future.
Tell us how you want the royalties allocated, and we’ll make sure the royalties are sent in the percentages you’ve agreed to.
SOCAN makes royalty payments of $0.25 or more to its members on a quarterly basis, beginning February 15 of each calendar year. Members earning less than $500 per distribution quarter will only be paid through direct deposit into their accounts. Members who earn more than $500 in a quarter have the option of receiving their earnings by direct deposit or cheque.
Yes. You can claim shares if the work is in the public domain. SOCAN's distribution rules provide for credits that may vary depending upon the nature of the arrangement.
This depends on the policies of the PRO in the territory of use. However, three years is the standard set by CISAC (the International Confederation of Societies of Authors and Composers). The sooner you notify SOCAN of a potentially missed payment, the better the chances are that we can recover those royalties for you.
Once we receive notification from a member that they’ve not been paid for a use of music that they’ve created, we check that the type of performance being reported is payable in the applicable territory. Different territories have different distribution rules, and not all performances may be payable. If the use appears to be payable, we then check to see if we’ve received payments from the relevant performing rights organization (PRO) from the period covering the performance date. Most international PROs pay us at least one quarter behind our own distributions, and some, especially the smaller ones, may only pay us once a year, or less. If the performance should have been paid and the time-frame it was due has passed, or if it’s not clear whether the PRO pays on that particular performance type, we then submit a claim with that PRO. We send the relevant information provided by the member, along with a copy of the work registration, and request payment. We continue to follow up on these claims until either payment is received, or we receive a satisfactory answer as to why it cannot be paid, from the PRO.
Internet Distribution
The value per internet performance is lower relative to traditional revenue streams, such as radio, because the number of performances processed is significantly higher and correspondingly the revenue is distributed to a much larger group of members. Each performance online is communicated to the public via telecommunication to one person at a time, whereas each performance on traditional radio, for example, may be broadcast to hundreds of thousands of people at once.
Due to the vast number of performances processed and the distributable amounts of money, the value of a singular internet performance is estimated to be a fraction of a penny. Through thorough analysis of the available usage data and estimated pool amounts, SOCAN is able to derive that 500 performances would result in an earnings amount that is distributable. Therefore, performances are summarized so that 100 actual performances will be represented by one performance on statements, and we have set a minimum threshold of five summarized performances (representing 500 actual performances) for a payment to occur.
Internet statements include domestic performances from YouTube, Apple, Spotify, Google Play and other streaming services. We also have an Internet Audio-Visual statement that includes domestic performances from Netflix, and Ilico.
Data suppliers, for example streaming services, provide SOCAN with their usage data. All source data is gathered and summarized. Thresholds are applied and records above thresholds are processed for distribution. The amount of money per performance is calculated based on the distributable pool amount and the number of performances, similar to traditional distribution methodologies.
SOCAN has the right to seek license fees from any Internet service that communicates musical works in the territory of Canada, no matter where the transmission originates. As long as the communication has a “real and substantial” connection to Canada, the service responsible for that communication requires a SOCAN license.
Music licenses – general
Entandem is a joint venture between RE:SOUND and SOCAN, created to simplify the licensing process so you can play all the music you want in your business legally and ethically, ensuring that those who made the music are compensated. If you're a business that uses live or recorded music visit entandemlicensing.com to obtain your background and live music licensing for your business. If you require a license for the use of music on internet, TV, or radio, please review Get Licensed section.
Yes. A SOCAN license gives you permission to use copyright-protected musical works of SOCAN members as well as members of affiliated international performing and reproduction rights societies from around the world. Through agreements with international performing and reproduction (alternatively MRO) rights organizations, SOCAN issues licenses for virtually all music used or communicated in and to the public by businesses in Canada as well for its reproduction repertoire. SOCAN then transfers the corresponding monies to the appropriate society, and vice versa.
SOCAN license fees are either set by the Copyright Board of Canada, an independent body appointed by the federal government or through negotiations directly with users. SOCAN tariffs and negotiated royalties both take into consideration the value of music to a business. If music is integral to your business and/or event (i.e., a dance club, or a concert venue or a music digital platform), then it's worth more to your business. The rates that are set either by the Copyright Board of Canada or free negotiation reflect this value. Regularly, SOCAN may files proposed tariffs with the Copyright Board. Interested parties are then permitted to submit objections to SOCAN's proposals within a limited time. If an objection or concern is raised concerning a tariff, the Copyright Board may hold a hearing. After hearings are completed and amendments are made, the Copyright Board publishes the approved tariffs in the Canada Gazette. In the event of a negotiated agreement, our experienced licensing negotiators will maximize the royalties for the benefit of our stakeholders while reflecting a fair and equitable value.
A SOCAN license grants you or your organization permission to use music in a specific way, and it’s quite straightforward to work with SOCAN to obtain the right license to play or reproduce music. When an organization uses music, it’s adding value by using the work of music creators and publishers. Those who composed, wrote, and published the song are entitled to be compensated for the time, effort, and money they put into the creation and promotion of that work when that music is reproduced and communicated or played in public. In accordance with Canada’s Copyright Act, any public performance or reproduction of copyright-protected musical works requires a license. When a song is used, music creators (not just the performers) are entitled to be compensated – it supports their livelihood. Without SOCAN, you would have to get permission from every composer, songwriter, and publisher of every musical work you intend to use in your organization or platforms–a feat that most of us have neither the time nor the means to achieve. This permission isn’t granted when you buy a recording, whether through a CD, downloading, etc., which only allows you to privately use the purchased music. SOCAN simplifies this complex process for businesses through licenses. A SOCAN license grants you or your business permission to use music in a specific way, and it’s easy to work with SOCAN to obtain the right license to play music.
A SOCAN license gives your business or organization, the freedom and flexibility to use virtually any music you want – legally, ethically, and easily. Without SOCAN, you would have to get permission and negotiate a royalty with every songwriter, lyricist, and music publisher whose work you intend to play, or to have publicly performed. Instead, SOCAN simplifies the process by allowing businesses to pay a relatively small fee, often once a year to play all the music their customers enjoy hearing. These fees are then distributed as royalties to music creators in Canada and around the world, through reciprocal agreements with similar music rights organizations in other countries. To learn more about our Licensed To Play program, visit our Music Users page.
Online Concerts - Licensing
If you plan to host both in-person attendees and virtual attendees at your event, you’ll require music licenses administered by both Entandem and SOCAN. But don’t worry, we’ve made it easy for you. Simply connect with us at onlineconcert@socan.com and we’ll make sure you have the licensing required to pull off a successful show!
Learn more about licensing your online virtual music event.
Learn more about licensing your online virtual music event.
When you connect with SOCAN you’re connecting with a team that specializes in performing rights, reproduction rights and synchronization rights ensuring fair compensation for songwriters, composers and music publishers, for the music composition (music and lyrics). As well, SOCAN is a partner in Entandem, ensuring that artists, record labels, music publishers, songwriters and composers are all compensated for the public performance of their master recording and music composition, when live or recorded music is used in businesses.
When you hire a band or a DJ, you’re paying for their services as performing artists, but not for the performance/communication of the music on the internet, that is, not for the people who created the music being performed. Performing music and creating music are two separate types of creative work, and each deserves fair compensation, even in cases where the performers are also the creators of the music.
It would be difficult to name all the events requiring a music license. We encourage you to call us at 1-800-557-6226 or email licence@socan.com and we’ll help you figure it out.
We’ve made the process super simple. Please note that this license is being administered by SOCAN directly. Please email onlineconcert@socan.com and indicate “Online Concert” in the subject line. Provide a brief description of your music use, including details about the platform you’ll be using to livestream your concert, event, or festival. If you have an account with Entandem, please let us know as this will streamline the process.
You sure do. A music license ensures that your event is using music legally and ethically while supporting music creators. The license fees paid to SOCAN for the streaming of live performances are used to compensate the songwriters, composers and music publishers who make up SOCAN.
Paying for a music license
Section 32.2(3) of the Copyright Act allows for exemption from SOCAN license fees in the case where there is a performance in public of a musical work in furtherance of religious, educational or charitable objectives. Only performances by religious, charitable or fraternal organizations and educational institutions are eligible. Please follow this link for more information including examples of performances that would qualify for an exemption If you have further questions about SOCAN licensing, please contact SOCAN at 1-866-944-6223 or licence@socan.com.
SOCAN is a member-based, not-for-profit organization. All the royalties that we collect – less operating costs– are passed on to our members, and members of SOCAN’s affiliated international societies, who create the music that you use in your business and at your events.
When you buy a CD, or download music from a legal site, you gain the right to play music in private, but not in public. A SOCAN license allows you to perform that music in public
When you hire a band or a DJ, you’re paying for their services as performing artists, but not for the public performance of the music, that is, for the people who created the music being performed. Performing music and creating music are two separate types of creative work, and each deserves fair compensation, even in cases where the performers are also the creators of the works.
Licensed To Play is a long-term program with a core objective of encouraging businesses and their customers to think of music as an instrumental aspect of their experience. By displaying the Licensed To Play emblem proudly, businesses affirm that they put music to work ethically and legally, and recognize that music adds value to their business and their customers’ experience. Staying current with a SOCAN license enables an organization to be “Licensed to Play,” and upholds its support for those who create the music that their customers love.
SOCAN offers music licenses for virtually all types of business music use. Your business may therefore need more than one license depending on the various uses you make of the music (eg one license for background music, one for live music, etc.). Click here to learn more about SOCAN licensing.
Reproduction Rights
About music licensing
Licensed To Play is a long-term program with a core objective of encouraging businesses and their customers to think of music as an instrumental aspect of their experience. By displaying the Licensed To Play emblem proudly, businesses affirm that they put music to work ethically and legally, and recognize that music adds value to their business and their customers’ experience. Staying current with a SOCAN license enables an organization to be “Licensed to Play,” and upholds its support for those who create the music that their customers love.
SOCAN offers music licenses for virtually all types of business music use. Your business may therefore need more than one license depending on the various uses you make of the music (eg one license for background music, one for live music, etc.). Click here to learn more about SOCAN licensing.