17 years investigation experience.

Phone: (204) 233-3439, Fax: (204) 233-2139

Toll Free: 1-877-233-2002

 

Common Questions

Q. Can I download music for public use?

A.. No, this is unlawful and you can be charged criminally or sued for damages.

Q. Is it legal to copy original store bought CD's or cassettes for my own personal purpose?

A). Yes, In Canada, levies are applied to CD-R's at the time of your purchase to compensate the creators for revenues lost by personal copying.

Q). Is it legal to copy original store bought CD's, cassettes or mini discs for commercial purposes?

A) No, this is illegal under the "Copyright Act" and you would require a license from the copyright collective for reproducing the sound recordings publicly.

Q). I have i-Tunes and have paid my subscriptions, can I play the music at a public performance?

A). Absolutely not, i-Tunes, (Napster, Puretracks and Archambault) state in their terms and conditions, they are not for commercial use.

Q). I am a DJ using CDs from an AVLA licensed Music Supply Service, do I require a license?

A). No, the music provided by the Music Supply Service is AVLA licensed.

Q.). Can I copy Music Supply Service CDs onto CD-R's or my hard drive?

A.). No, when you enter into an agreement with the Music Supply Service subscriber Schedule B (1) states, "Sound recordings embodied on digital programs leased from Promo Only CD's Inc are not to be duplicated, sold or otherwise distributed, pledged, mortgaged or in any other way encumbered".

Q). We are a private membership club and reproducing sound recordings for our functions, do we require a license?

A). Yes, the only exception that you would not require a license is for private use. Under Section 80 (2d) of the "Copyright Act", Private Use of Sound Recordings does not apply for performing the sound recording in public or for causing to be performed in public.

Q. Where do I apply for a license?

A. Audio Video Licensing Agency Inc. (AVLA) is the copyright collective that administers licensing on behalf of makers of sound recordings and music videos produced and/or distributed in Canada. AVLA's members hold the exclusive copyright interest in over 95% of the sound recordings's and music videos produced and/or distributed in Canada. Their web address is www.avla.ca. You also can apply for a license through one of the DJ associations.

Q. What is the difference between AVLA & Socan?

A. AVLA represent the creators of sound recordings and music videos (record companies), and they license the reproduction of sound recordings, whereas Socan is the copyright collective that represents the performers of the music or musicians. When you are reproducing a sound recording on a medium in the public, such as a CD, mini disc, cassette or hard drive; you require an AVLA license. Whereas, if you are performing or playing the music in your establishment, this is considered a "Public Performance", and you are required to pay a Socan Fee.

Q. Are Djs required to have their license displayed at their performances?

A. Yes, all DJs must have this license displayed while performing in the public. Also, these licenses must be the original.

Q. If a DJ is not licensed, do you have the authority to close down the function?

A. Absolutely not, our inspections are very quick providing the Dj is licensed. If the DJ is not licensed, we will gather the necessary evidence for further legal action. If you wish to find out if your DJ is licensed, you may contact us at at (204) 233-3439. 1-877-233-2002 or send an email to the above address.

Q. How much does a standard DJ License cost?

A. A Standard DJ license allows you to reproduce sound recordings of up to 100 physical carriers. Physical carriers are CD-Rs, mini-discs, or cassettes. The cost is $140.00 (plus G.S.T or H.S.T if you live in a province that requires payment of the latter tax). You require an additional license if you have more than 100 physical carriers at your function.

Q. How much does a hard drive license cost?

A. A hard drive license in Manitoba is $312.50 per calendar year. (plus G.S.T or H.S.T, if you live in a province that requires payment of the latter tax). You may compress as many sound recordings in MP3 format on each hard drive. However, for each additional hard drive, you require an additional hard drive license.

Q. I am doing my function for free with my burned CDs, do I still require a license?

A. Yes, if you are reproducing sound recordings in public and for free, you still require a license.

Q. We are having a single event function, do we still require a license?

A. Yes, single event licenses allow you to make copies of sound recordings for one event.

Q. Are there any legal download sources for DJs?

A. Yes, recently PromoOnly which is an AVLA licensed music service has introduced the first legal pay per track download site in Canada for commercial subscribers. This new service is called PODDS and is the first legal alternative for djs. Users of this product are permitted one download and 3 burns per track. If the DJs source is only PODDS, then they do not require a license.

Q. Janie, do I need a license for each DJ that is copying music?

A. Yes, you require a separate license for each DJ that is reproducing sound recordings within your company.

Q. Janie, do I need a license if we are exhibiting music videos in the public?

A. Yes, anyone who plays a music video in the public must have a license from AVLA or the record company, to do so . You do not require a license if the video is from a Music Supply Service, such as Promo Only, as this is already licensed. However, you cannot copy Music Supply Service Videos. Socan does not cover the exhibition of music videos. The price is $625 per calendar year.

Q. When do I require a Music Supply Service License?

A. A Music Supply Service License is required to make duplications of sound recordings from an original source onto any medium where the music is leased. This license allows you to provide background music when a DJ is not present.

Q. Are there any restricted artists?

A. Yes, the following sound recordings by the Artists and Record Companies cannot be copied or emodied in programs. They are: http://www.avla2007.ca/public/docs/restricted_artists_audio.pdf

Q. Janie, is there any free software to prevent the illegal file sharing programs in our organization.

A. Yes, it is called Digtial Check, and you can download it on your computer at http://www.ifpi.org/dfc/downloads/dfc.html.

Q. Janie, we are a hotel and would like to know the best way to keep unlicensed Dj's out of our establishment?

A. Very simple, incorporate this in your client service agreements for weddings and socials, ensuring that that all Djs must have a license to play music at your hotel. Brochures are also available at www.avla to provide to your clients.

Our Partnership Links:

http://www.musicbymailcanada.com/

 

 

 

By Janie A. Duncan ©2006, Duncan Investigations

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