You may wish to review a list of musical works embodied in audio products and video products released or distributed in Canada at any time between January 1st, 2010 and December 31st, 2012, inclusive (the “Group III List”) by Sony Music Entertainment Canada Inc., EMI Group Canada Inc., Universal Music Canada Co., or Warner Music Canada Co. (each individually a “Record Company”, and collectively the “Record Companies”), for which the applicable Record Company was required to obtain a reproduction licence but either has not done so or has not paid the required royalties.
You may wish to review lists (each a “Distribution List”) of musical works embodied in audio products and video products released or distributed in Canada at any time on or after January 1st, 2013, for which the applicable Record Company was required to obtain a reproduction licence and either: i) has not obtained a licence but has instead paid the required royalties into a trust account administered by CMRRA-SODRAC Inc. ; or ii) has obtained a licence from the Copyright Board of Canada under section 77 of the Copyright Act, R.S.C. 1985, c. C-42, and paid all associated royalties into a trust account administered by CMRRA-SODRAC Inc..
You may wish to review information in the CSI database on musical works embodied in audio products and video products released or distributed in Canada, including any known copyright owner(s), the ownership share claimed by any such copyright owner(s), and whether any agency or collective society is known to represent any such owner(s) (the “CSI Database Information”).
Your purpose for reviewing either or both of the Group III List and the Distribution Lists is to ascertain whether you are entitled to royalties for the use by a Record Company of any musical work(s) listed on the Group III List and/or Distribution Lists, pursuant to the Order. If you believe you are entitled to royalties, you will then submit a claim through the claim submission portion of the Claims Website. Your purpose for reviewing the CSI Database Information is to determine the copyright owner(s) of any musical work(s), and/or any agency or collective society that is known to represent any such owner(s), in order to facilitate the licensing of such musical work(s). You agree not to disclose any CSI Database Information to any party, or to use any CSI Database information for any purpose, except as necessary for the licensing any musical work(s) as contemplated in these terms and conditions.
You must read these terms and conditions carefully before securing access to the Claims Website. Once you proceed to the Claims Website, these terms and conditions will be legally binding between you and each of Canadian Musical Reproduction Rights Agency Ltd. (“CMRRA”), Society For Reproduction Rights Of Authors, Composers And Publishers (SODRAC) Inc. (“SODRAC”), SODRAC 2003 Inc. and CMRRA-SODRAC Inc. (collectively, “CSI”). By setting up an account and by accessing, browsing or otherwise using the Claims Website, you agree to comply with the terms and conditions of this agreement, as amended from time to time. If you do not agree, you will not be granted access and you may not use the Claims Website.
Limitation of Liability
If you are a Class Member as defined in Section 2 of the Order, you agree that you are bound by the Order, including in particular the provisions of the Key Terms of Settlement between Craig Northey, CMRRA, SODRAC and the Record Companies (the “CSI Term Sheet”) that release each of CMRRA, SODRAC, CSI and their respective subsidiary, parent and affiliate companies and each of their respective directors, officers, employees, agents, successors and assigns from and against any and all claims in relation to the distribution of Royalties (as that term is defined in the CSI Term Sheet) pursuant to the settlement agreements entered into by each Record Company, Craig Northey and CMRRA and SODRAC (including the CSI Term Sheet).
Whether or not you are a Class Member, you agree that CSI and its subsidiaries, affiliates, directors, officers, employees, representatives, licensors and licensees shall not be liable to you for any damages of any kind arising from your use of this website, any Services or any Linked Sites, your reliance on any Content, their verification and assessment of claims submitted through this website, or their distribution of Royalties. You agree that this limitation of liability is comprehensive and applies to all damages of any kind.
In the event that a Third Party Claim against CSI or an Indemnified Person that is subject to the Indemnity in the Terms and Conditions of the CSI Website, CSI may withhold any royalties payable to you pursuant to the Order pending resolution of any Third Party Claim up to the amount of estimated costs of defence and liability.
By clicking the check box next to the phrase “I agree to the CSI terms and conditions…” on the CSI Claims Website Register Here page, you represent, warrant and agree that:
(a) You have reviewed and agree to be bound by the Terms and Conditions of the CSI Website in relation to your use of the Claims Website;
(c) You have reviewed and agree to be bound by the supplemental Terms and Conditions set out above.
CLAIM SUBMISSION: REPRESENTATIONS AND WARRANTIES
You are about to submit a claim for Pending Royalties in relation to a Musical Work, each defined in the CSI Terms Sheet (as defined below). Before submitting your claim, you must read, acknowledge and agree to the following:
1. If you are a Class Member (as defined below), you are bound by the Order of the Ontario Superior Court of Justice (the “Court”) dated May 30, 2011 in relation to Northey v. Sony Music Entertainment Canada Inc. et al., certifying the class action for settlement purposes and approving the settlement of the action (the “Order”) and by the terms and conditions set out in the Key Terms of Settlement between Craig Northey (the representative plaintiff on behalf of the class), CMRRA, SODRAC, Sony Music Entertainment Canada Inc. (formerly Sony BMG Music (Canada) Inc.), EMI Group Canada Inc., Universal Music Canada Inc. or Warner Music Canada Co. (collectively, the “Record Companies”) (the “CSI Term Sheet”);
2. Submitting a claim does not entitle you to be compensated for the use of the musical work. CSI must first assess your claim in order to verify whether you are in fact entitled to compensation, and may require additional documentation to verify your claim. Click here to learn more about the verification process.
3. Your claim is limited to the reproduction of this Musical Work by the applicable Record Company in the particular product and period to which your claim relates. The positive verification of your claim does not entitle you to receive compensation for any other uses of this Musical Work, whether or not those other uses are subject to the Order. You must claim separately for each use of this Musical Work;
4. By submitting your claim for Pending Royalties, you represent, warrant and agree that:
(a) You are a Class Member as defined in Section 1.02 of the Order and have not opted out of the settlement;
(b) You believe in good faith that you are submitting your claim as the copyright owner in the Musical Work that is the subject of your claim, or as a licensee or other authorized representative of the copyright owner, and that you are entitled to, but have not received, the Pending Royalties (as that term is defined in the CSI Terms Sheet) accrued in relation to the uses of the Musical Work that are the subject of your claim;
(c) To the best of your knowledge, no other person authorized by or deriving rights through you, including any music publisher, has received your share of the Royalties (as that term is defined in the CSI Term Sheet) payable in respect of those uses of the Musical Work that are the subject of your claim; and
(d) The Musical Work is not subject to any music publishing agreement that gives the music publisher the exclusive right to claim the Royalties (as that term is defined in the CSI Term Sheet) that are the subject of the claim;
5. The information we receive from you in connection with your claim may be disclosed as follows:
(a) To CMRRA and SODRAC, and their affiliates, to be used in connection with the development and maintenance of accurate records of the ownership and administration of copyright in musical works;
(c) To licensees and/or licence applicants, including record labels;
(d) Where there is a conflicting claim, to other claimants; and
(e) To class counsel, to the Court, and to the Record Companies.