Who is entitled to receive a market share portion of the class action settlement?

Three conditions must be met for a rights holder to receive a market share portion of the settlement fund.

1) First, a rights holder must be a member of the class, which is defined as:

“Any rights holder who holds, or who has held at any time, rights in a musical work embodied in an audio product or a video product first released or distributed in Canada by any of the Record Label Defendants at any time up to and including December 31, 2012, for which rights the applicable Record Label Defendant was required to obtain a reproduction licence (including, in relation to video products, any necessary synchronization licence) but for which either no such licence has been obtained for the reproduction of the musical work or for which the required royalties have not been paid for the reproduction of the musical work despite the issuance of such a licence.”

2) Second, a rights holder must have received royalties from one of the four Canadian major record companies as follows:

• For Group I Products, a rights holder must have received royalties from one of the four Canadian major record companies between January 1, 2003 and December 31, 2009.

• For Group II Products, a rights holder must have received royalties from one of the four Canadian major record companies between January 1, 2005 and December 31, 2010.

• For Group III Products, a rights holder must have received royalties from one of the four Canadian major record companies between January 1, 2008 and December 31, 2013.

3) Third, the market share allocation to the rights holder for each individual distribution must be greater than, or equal to, $100. Market share allocations below $100 are redistributed on a pro-rata basis to rights holders with a market share allocation of $100 or more.

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