Cracking Down on Music Crime: SOCAN Pays a Visit to Ptbo

SHANNON LEBLANC | MARCH 10, 2014

The Society of Composers, Authors and Music Publishers of Canada (SOCAN) have sent in External License agent, Philippe Girouard, to Peterborough to crack down on music crime and to catch music lawbreakers in the act.

Local businesses are being put under the pressure of ensuring that they abide by standard music laws and to ensure that their SOCAN licenses have been renewed.

The Canadian Copyright Act recognizes three main rights: 1. The right to produce or copy the musical work, 2. The right to reproduce the musical work, including mechanical rights and synchronization rights, and 3. Performing rights, which are the rights to perform a work in public and the right to communicate to the public by telecommunication.

Artists and songwriters join SOCAN to help preserve their musical integrity and to prevent copyright infringements.

SOCAN charges a rate of $0.1146 per square foot, with the minimum fee being $94.51. Each license is valid for one year. By then, each business is expected to renew their music license and produce payment before the Jan. 31 deadline.

The fee for Tariff 15A, which covers “the playing of background music in retail stores, restaurants and other similar establishments,” is based on the square footage that’s accessible to the public, not on the overall square footage of the establishment itself.

The fee for Tariff 20, which covers “karaoke bars and similar establishments,” is based on the number of days on which an establishment operates.

Tariff 3A, which covers live music, states that “the fee payable by the establishment is three percent of the compensation for the entertainment paid in the year covered by the license subject to a minimum annual fee of $83.65.”

According to Script 264 of the Canadian Bar Association’s Music Law Copyright and Trademarks, it states:

“To publicly play or perform music that’s been created or recorded by another songwriter or musician, you, your label or the venue are legally obligated to pay a fee or royalty … You also have to pay royalties if you record cover songs, whether you manufacture CDs or simply sell the song over the Internet.”

But how would you know if an artist is registered in the database? Well, SOCAN utilizes a public repertoire search function on their website “containing information about musical works in SOCAN’s repertoire which includes foreign works that SOCAN is authorized to license.”

However, you would need to know the title of the song or work in order to determine whether or not it is registered with SOCAN, which is an inconvenience in itself, especially if a business has a playlist containing several hundred songs.

If a business were to schedule a live performance, the artist would need to send them a line-up of every song.

In relation to the confusion surrounding fees and tariffs, a SOCAN spokesperson clarified that if a business plays music in the form of radio, it is exempt from fees.

However, if a business plays music via Internet radio, such as Pandora, SiriusXM Internet Radio, or Live365, a fee would apply, amounting in the minimum amount of $94.51 as stated above.

If a business plays the music of a local musician whose music hasn’t been registered with SOCAN, they are exempt from fees. However, if the store plays a song that is registered in SOCAN’s database, then a license is required for that business.

Even recreational facilities operated by the municipality of Peterborough, including Trent, are subjected to paying fees, as stated in Tariff 21. So, if Trent were to put on an event where music, prerecorded or live, were to be used, such as #introfest or the 2014 Fashion Show, they would need to register for a SOCAN license.

It isn’t clear if Trent has registered for a license as the TCSA could not be reached for comment.

A license is not required for stores or workplaces playing music through a satellite provider.

SOCAN is vague about how money is used, stating that the distribution of license fees consists of 86 percent royalties and 14 percent going towards operating costs.

As of now, there are no reports of any businesses being found guilty of music misconduct and playing without a license, but as Judy Byrne from George Street’s Hi Ho Silver stated, “I was waiting for it,” along with other Peterborough businesses, who, when questioned, were not aware of the licensing agent’s visit.

In a short interview, Communications and Marketing Specialist for SOCAN, Leigh Kenderdine, outlined the aspects of SOCAN’s mission statement and the impacts their regulations have on local businesses.

When looking into the distribution of licensing fees, I noticed that 14 percent goes towards operating costs. Would it be possible to get a general breakdown of the operating costs?

SOCAN performs an extremely complicated task for member songwriters, composers, and music publishers. This work requires extensive information technology and specific expertise, and the benefit to members is that SOCAN identifies tracks, collects, and administers royalties far more thoroughly and conclusively.

The preliminary results for the 2013 annual report showed that:

• A record year for total revenue, $276-million brought in for members, an increase of approximately nine percent over 2012.

• International revenue of $51-million, the first time that SOCAN members have surpassed the $50-million mark for royalties originating from outside of Canada – an increase of eight percent over 2012.

• A record $240-million was distributed in 2013 to members, a year-over-year increase of nine percent (excluding years with extraordinary arrears payments to members).

• Internet streaming revenues of $3.2-million were distributed to members – another first.

As SOCAN’s media liaison, I would like your take on how you believe SOCAN music regulations are affecting small local businesses who may not necessarily be able to afford the licensing fees, in addition to how you believe that SOCAN is protecting the music industry as a whole.

When a business uses music, it is adding value to its business through the use of work of music creators and publishers. The person(s) who composed, wrote, and published the song are entitled to be compensated for the time, effort, and money they put into the creation of that work.

According to the Copyright Act, any public performance of copyright-protected musical works requires a licence. When a song is played in public, music creators (not just the performers) are entitled to be compensated – it supports their livelihood. Without SOCAN, businesses that use music in public would have to get permission from every composer, songwriter, lyricist, and publisher for every musical works they intend to use, and they would have to pay each of them directly. This permission is not granted when you buy a recording, whether it is through a CD, MP3 file, etc., which only allows you to privately use the purchased music. SOCAN simplifies this complex process for businesses through licences.

How significant is that cost for a small business? 

The cost to obtain a SOCAN license is relatively inexpensive. For example, the average small business is 800 to 1600 square feet.  A SOCAN licence for background music in businesses of those two sizes would be $94.51 per year (minimum fee) and $183.36 peryear, or $0.31 per day and $0.59 per day assuming the business is open 6 days per week, respectively. To put things in perspective, if the small business is a coffee shop, that cost is approximately the same cost of a single wholesale carton of 12oz paper coffee cups and tops, which is approximately $100. If the small business is a retailer and they use 13” by 10” white or brown paper bags with their logo, the cost of their SOCAN license at $0.59 per day is approximately equivalent to the cost of one paper bag per day at $0.56 each.  If that paper bag is coloured, that cost increases to $0.98 for a single bag in bulk, which is 75 percent more expensive than the daily cost of a SOCAN license.

Based on a Leger study that was performed by SOCAN in 2013, 72 percent of business owners feel that playing music is important to their customers’ overall experience. If you couple that with the fact that 55 percent of business owners think that customers would complain if music wasn’t used, and 44 percent also believe that not playing music would drive their customers to the competition – music is an important part of creating an atmosphere to attract customers.

Ultimately, SOCAN’s strict regulations and hefty sanctions play a big role in developing an equitable, stable, and compensating system of music in Canada.

However, the impact it has among the Peterborough business community, especially considering the city’s already unstable economy, is unknown at this moment.

ReFrame ReVisits Peterborough for the 10th Annual PIFF

January 13, 2014

In these technologically-oriented times, the arts, specifically filmmaking, rarely gets the attention it deserves. With that being said, ReFrame focuses on bringing the spotlight back on film by returning to the Electric City for the 10th annual Peterborough International Film Festival, taking place from January 24-26.

Founded in 2005 in Courtenay, B.C, ReFrame is a non-profit organization which focuses on celebrating the latest works created by local filmmakers. The festival showcases a diverse array of films, many of which are so independent, they would likely never find any form of mass distribution. Soon after ReFrame’s founding, the inspiration spread to Peterborough in 2006, when they invited local filmmakers to join the festival. From there, Peterborough’s artistic culture grew as the attendance grew to its peak in 2011. ReFrame’s mission is to celebrate film and art by raising awareness about local and international issues, as well as to engage and collaborate with the community.

The focus of the festival itself is to build engaged audiences that explore and document issues of human rights and social justice, from the local to the global; to use film and art to provide educational opportunities and encourage activism and thoughtful debate. The theme of this year’s festival appears to be the violation of human rights, with films dealing with issues of greed, corruption, feminism, and sexual orientation.

“Peterborough possesses a strong community for film that needs a vehicle. These are hugely interesting stories that otherwise do not get told,” said Festival Director Krista English in an interview with KawarthaNOW.

In 2011, 35 students, seven schools, eight staff advisors, and two filmmakers took part in the RPIFF, and as a result, produced seven short films. This year, the festival is set to take place at a number of theaters including the Market Hall, Showplace Performance Centre, and The Venue. It will feature 59 film screenings from various directors including Andrew Bartlett, Jeffery Schwarz, and Karima Zoubir.

In addition, ReFrame is launching an art exhibition entitled Still ReFrame 2014 from January 6-31, which takes its cue from the theme, “Looking Forward, Looking Back.” It focuses on the way in which humans relate to, change with, and have an impact on their surroundings. Many of us are guilty of turning the other way when it comes to international issues. The focus of the exhibition is to highlight art’s ability to raise awareness about local and international issues, and to be mindful of society’s collective responsibilities, and potential for change.

A feature of ReFrame is REELkids, a four-day celebration of film and media designed for elementary school children in grades 1-8. The festival features important award-winning films from around the world on topics including the environment, indigenous peoples, human rights, and world issues. These films are specifically chosen to screen for schools and families, and are used to create a social dialogue for younger audiences.

Other smaller events taking place throughout the month of January include REWINDING: From the Bradburn to Peterborough Square to the Galaxy, Rewind: The Electric City Goes to the Movies, and Offshore: A Digital Interactive Website Sneak Preview.

When not in the spotlight, ReFrame works with local organizations such as the Ontario Public Interest Research Group (OPIRG) Peterborough, the Peterborough AIDS Resource Network (PARN), and, more recently, the Jamaican Self-Help Group.

More information about these events can be found on ReFrame’s website, reframefilmfestival.ca

Tickets can be purchased at the door for $10 a film, and festival passes are available for $35 for adults and $20 for students and un(der)employed individuals. Passes can be bought at any of the following locations:

GreenUp Store

378 Aylmer Street North

Green Eyewear Optical

374 George Street North

Trent Central Student Association

Trent University, Champlain College

Suite S110

KWIC

The Environmental Sciences Building

Trent University, Rm B101

More information will be released following the festival’s conclusion.

Vegan Eats: Village of Thai Review

November 18, 2013

On a wet and miserable Thursday night, after my enervating three-hour Psychology lecture, I was accompanied by my vegan friend to a late-night movie. I stated that I was hungry, like I always am, and that I’d like to stop somewhere to get a bite to eat.

Being a small-town girl and knowing very little about Peterborough’s vegan food scene, I asked my friend about some vegan-friendly restaurants aside from the Food Forest. He suggested that we eat at Village of Thai, a small Thai restaurant at the corner of George and Sherbrooke St. As I glanced over their menu, I was intrigued by the variety of curries and noodle dishes. Being one with a fairly diversified vegan palate, I decided to give this place a try.

When we arrived, the restaurant was dimly lit and the tablecloths had stains on them. However, I had always never to judge a book based on its cover (pardon the cliché), so I remained hopeful of a good experience. The server came over to our table after about ten minutes, seemingly a bit cold and unfriendly.

She asked what we would like to drink, and I decided to go with one of my favourite drinks, mango juice. My guest ordered their “Indian beer,” but there was nothing “Indian” about it. It was bottled in New Jersey, and costing $1.26 more than the traditional domestic beer, you expected more than just a fancy label.

After deliberating for a while on our appetizers, we ordered the samosa rolls, followed by the mixed vegetable curry for myself, and vegetable pad thai for my friend. While initially they had a slight problem understanding what the term vegan meant, it was not such a huge issue when we just stated “no meat.”

When the samosas arrived at the table, I was surprised by presentation. Village of Thai put an Asian twist on this traditional Indian dish by presenting them in the form of spring rolls. Just as I was about to take the first bite, I fearfully imagined the taste of traditional MSG-filled Chinese-style spring rolls, but, to my pleasure, they tasted pretty much just like samosas, savoury with a nice balance of traditional Indian spices. The warmth of the curry, with the nuttiness of cumin and tang of coriander, provided the perfect amount of complexity and balance. However, they were slightly oily, which made for a slightly messy dining experience. When our main course arrived, the presentation was simple yet refined.

The curry was adequate. The consistency was a little bit on the watery side, and it was milder than I had expected. Being a girl who can handle the scorching heat of ghost peppers, I expected to feel something more than a slight tingle on my tongue.

One thing I found odd was the fact that it wasn’t served alongside a bed of rice like curry traditionally is. But it wasn’t a big deal, nor was I going to flip the table over in anger because of it. The varying textures of the marinated mixed vegetables accompanying the light peppery kick of red curry made this a fairly decent curry, but not the best I had ever tasted.

Afterwards, I snuck a bite of my friend’s pad thai, and it was surprisingly delicious. I have had my fair share of pad thai, and this was one of the best I had tried to date. Its mellow flavour provided a good counteraction to the samosas we had eaten earlier. The crunchiness of the peanuts and sprouts balanced the rich, buttery consistency of the rice noodles, and was accented with a pungent kick of garlic and piquant hints of tamarind that danced along the roof of my mouth.

We skipped dessert due to the fact that there were no vegan options available, a big turn-off for a vegan who likes their sweet fix. It is beyond my comprehension why more restaurants don’t offer vegan dessert options because, despite popular misconceptions, vegan baking is relatively easy when you have the right ingredients and the ability to improvise a recipe.

Even though I didn’t get to indulge in sweet vegan confection, I would have to say that the main deterrent of the whole evening was the fact that, despite advertising otherwise on their website and business cards, Village of Thai had discontinued their student discount. Being a starving student, every dollar counts.

One of the main reasons we had decided to eat there anyway was because we were under the impression that we would be getting 10 percent off our bills. While the prices were fairly reasonable, when you add on additional costs like drinks and gratuities, the bill adds up quite quickly. The total was just over $50, accounting for about 10 percent of a student’s average monthly rent costs.

Putting it into that perspective, if we were told beforehand that the discount had been discontinued, we might have ordered differently.

One thing I do give Village of Thai credit for, though, is keeping with a traditional South Asian menu unlike the various restaurants who try to adopt numerous identities by fusing Asian and North American cuisines together. (No, I do not like going to a Japanese restaurant and seeing french fries on the menu.)

Despite some of the incidents, overall it was a pleasurable dining experience and I would consider going back someday, but only if they were to reintroduce their student discount.

ELMS Electrifies The Gallery in the Attic

November 18, 2013

On Friday night, after being bombarded with endless assignments, readings, and long lectures, I was invited to attend a concert at Gallery in the Attic (140 ½ Hunter Street). Being a musically-diverse person, I am always open to listening to just about any genre of music, especially when it involves local budding musicians.

However, being a worshipper specifically of hard rock and metal bands such as Pink Floyd, Billy Talent, Iron Maiden, and Pearl Jam, I was surprised to find out that there was an absence of bands of this genre in Peterborough. Nonetheless, I was more than open to attend the event.

It was my first time going to Gallery in the Attic, so I had no idea what to expect. Would it consist of a relaxed, tranquil, indie-loving environment? Or, rather, would it be a mosh pit-crushing, head-banging crowd (like I was used to, being a metalhead)?

Well, there turned out to be a happy medium between the two: a tranquil, musically-impassioned crowd. Surrounded by the elite, posh, art-appreciating members of Peterborough, I sat back and enjoyed the warm and cozy atmosphere that reflected Peterborough’s artistic identity.

Alex Unger, otherwise known to the world as ELMS, started this solo musical project as a departure from his previous work with Burnt Norton and The Dead Elm Society of Canada. He writes and records at the House of Wands, a small farmhouse in the Ontario countryside. Unger describes his music as “existing in a constant liminal state between the cold distance of electronic experimentation and the personal narrative of popular song,” a true insight into the philosophy of his musical identity. His performance at the Gallery in the Attic highlighted the release of his new EP, Divorce.

Unger’s musical style is what I would describe as a cross between new wave electro and pop. He used a soundboard equipped with hundreds of different sound effects, which he blended seamlessly into his works of musical genius. His fingers nimbly played with the knobs as he sang his heart out to the audience. His passion for music was clearly expressed just by the way in which he held the microphone to his mouth and gazed out into the eyes of the audience. His music was euphonic and sheerly exhilarating at moments. The brick and mortar walls acted as a insulator for the powerful bass which produced a deep pounding sensation in my body.  Although he managed to maintain constant intensity with every song, the highlight of the night was the performance of his hit song “I Gave Up (On You)” which sent blood rushing through my veins and chills down my spine.

It is safe to say that ELMS has truly refined the talent and technique of his previous work, and has made it more compelling. I encourage everyone to check out ELMS and to embrace the local talent of Peterborough. His tapes are available for purchase at Bluestreak Records, located at 444 George Street North.

Food Forest gives a boost to Peterborough’s vegan community

September 30, 2013

Having been a vegan for nine years, I understand the challenges of finding quality vegan food that is not only healthy, but tasty as well! It has been even more difficult to find restaurants willing to cater to my dietary needs because, on top of my vegan restrictions, I’ve had to also change my diet to exclude gluten due to health problems. However, as I was exploring the city during my first week at Trent, I came upon a small, hidden gem on the north end of George Street called The Food Forest.

The Food Forest is run by owners Adam Deck and Katie Tuma, who have prided themselves in providing raw, delicious, gluten-free vegan dishes to the Peterborough community.

For those of you who are unaware of what raw food is, it consists of a variety of whole foods which are cooked under 105 degrees Celsius, so as not to denature the natural enzymes that exist within the food. This food revolution is slowly beginning to make its presence felt across the country, and Peterborough is straight in its path.

While the price of raw, vegan, and gluten-free food is on the rise, The Food Forest does an excellent job finding the financial balance between affordability and profit margin. As a starving student, I am very cautious with my expenses, but this is one place where I am more than willing to splurge on their delicious fare.

“Our goal is to represent the spectrum of veganism, [and] to cater to not only vegans, but transitional vegans and non-vegans, ” said Deck. “It serves as an outlet for local sustainability and awareness.”

The term “food forest” was inspired from the owners’ main common interest, permiculture.

“We wanted it to serve as a symbol for self-sustainment and as a guide for inner growth and awareness,” Deck explained.

“Katie and I have noticed that it’s hard to find vegan-friendly places here in Peterborough, let alone worrying about allergies and cross-contamination. The Food Forest is a place where you don’t have to worry about that. You actually see what goes into your food.”

I have eaten here twice so far and I was satisfied both times. The first time I ate here was with my mother, who had come down all the way from Curran, over four hours away. The second time around was on the following weekend, when my sister accompanied us.

When we walked in, we were greeted with arms wide open by co-owner, Tuma, who proceeded to seat us at a beautiful church pew-like bench. The first thing that caught my eye was how similar the restaurant’s menu and ambiance was to a number of my favourite vegan restaurants in Ottawa. It gave me a sense of commonality, a nice, familiar feeling of home.

For beverages, I had the Mango Orange Sorbet, a water-based smoothie containing mango and orange, sweetened with raw agave syrup. One of my other guests had the Minty Green Chocolate Chip smoothie, with homemade coconut milk, cacao nibs, and peppermint essence. All of these smoothies were made from home-grown produce provided by local farmers, as well as from their own garden. They also offer delicious fair trade organic coffees, teas and juices from local vendors.

When we asked what the daily special was, we were delighted to hear that it was sweet potato and lentils, topped with a maple molasses sauce and served with garlic coconut butter and gluten-free baguette. My eyes lit up at the thought of eating this dish, and, after a very brief discussion, we decided to share a plate.

The first bite provided me with a slight tingle of spice on the tip of my tongue, shortly followed by a hint of sweetness. The dish, which to me resembled a cross between a curry and a casserole, had the perfect balance of spice (from the chili) and sweetness (from the maple, molasses and sweet potato). The flavours were robust and rich throughout, and the heartiness and earthiness of the lentils provided a nice, fulfilling start to the meal.

For the main course, one of my guests had the toasted tomato sandwich with garlic coconut spread and Daiya cheese, whereas my other guest had the garden pesto sandwich with homemade vegan basil pesto and fresh greens.

I chose to go with the Living Taco (a personal favourite of Deck’s) with a homemade chili walnut ground and cashew sour “kream”. I am extremely fixated on their Living Taco because of its complexity and bold flavour. The balance between the spiciness of the walnut ground, acidity of the fresh lime juice and the sweetness of the sour “kream”, makes this the best vegan taco I had ever tasted. This is the perfect dish to satisfy any herbivore or carnivore alike.

Finally, to cleanse our palate, we indulged in gluten-free peanut butter cookies, banana muffins, and a rich date pie with coconut whipped cream and bananas. Their desserts proved themselves to be truly delicious, as my sister (who works at a vegan bakery in Ottawa), compared them to the quality of her bakery.

The Food Forest is also very proactive with animal rights and food education. An employee, Toby Rowland, runs a group called the Animal Equity Society, dedicated to the protection in ethics and welfare of animals. They have meetings and potlucks which allow members to discuss issues affecting Peterborough, and teach them how to become proactive in their communities.

Do not be fooled by the simplicity of the ingredients, as each menu item carries its own unique presence to the palate and develops a complex flavour profile in your mouth. Don’t take my word for it, though, and head down to The Food Forest to judge for yourself.

The Food Forest is located at 641 George Street North. More information can be found on foodforestcafe.com