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FitNet Commercial
May 1st, 2008

Music in Canadian Fitness Clubs

(Rising Australian Music Licensing Tariffs Causing Concern in Canada)

With the wealth of information constantly streaming past us - online, and through television, media feeds and press releases - it can be challenging to stay current on important fitness industry issues. Fitness Industry Canada (FIC) monitors both domestic and foreign affairs and continually works with international affiliates (such as Fitness Australia, IHRSA and FIA UK) to keep our members aware of emerging issues.

FIC has recently learned of The Neighbouring Rights Commission of Canada (NRCC),
an organization that licenses the use of music.

Similar to SOCAN (The Society of Composers, Authors and Music Publishers), it administers and licenses the rights associated with utilizing music. The key difference between SOCAN and the NRCC is that SOCAN is responsible for administering the “performance rights” of composers, authors and publishers commonly; the NRCC administers “performer rights” of performers and makers of sound recordings.

The NRCC is similar to the Phonographic Performance Company of Australia Ltd. (PPCA). In 2006, it proposed a dramatic increase in fitness club music usage fees – some being as high as 3,000 percent. If this increase were to be approved, an average Australian fitness club with 30-40 classes per week would pay an annual tariff of $40,000 to $70,000 AUD.

Currently Fitness Australia is working hard to prevent this from occurring. However, to fight this issue, it needs financial and international support.

Having seen how fast negative legislation can spread to other countries and jurisdictions the Canada fitness industry must help fight this battle before it arrives on our shores.

The issue is this: On March 30, 2007, the NRCC filed a proposed tariff with the Copyright Board of Canada. This proposed tariff, (“Tariff 6”) would establish new fees for the use of music to accompany dance and fitness – in addition to SOCAN’s Ttariff 19 fees.

On April 18, 2008, FIC spoke to the secretary general of the Copyright Board regarding the proposed tariff and was informed that it had sent Tariff 6 back to the NRCC for further clarification. FIC has been placed on a stakeholder list which enables it to formally comment on any legislation. At the request of the Copyright Board, FIC is drafting a formal letter explaining our concerns with the proposed bill.

Fitness Industry Canada is devoted to ensuring that issues like these don’t become burdens on Canadian club owners. But we need your help and support. We are your voice. It’s time to unite and fight to keep music affordable so we can all share in a healthy future.

Important: To speak with one unified voice, FIC asks all club owners and operators to address their concerns to Fitness Industry Canada by contacting FIC Association Manager Brian Gilbank at bgilbank@ficdn.ca or 1-866- 402-3422.

To learn more about Fitness Australia’s work to protect the Australian fitness industry, click on “Read More” http://fitnet.ca/comm/index.php/2007/06/musiclicencefees




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