Musical Recordings

The following is intended to provide an understanding of potential licence, permit or registration requirements when considering the establishment of a business that produces Musical Recordings in  New Brunswick. This document is a guide prepared by the Canada / New Brunswick Business Service Centre and affiliated departments and agencies to provide you with a list of possible steps and issues to consider in carrying out your project. The extent to which the information will apply to you is dependent on the circumstances related to your project.

Before proceeding, reference should be made to the Business Start-up in New Brunswick guide for information on the steps involved in establishing a new business in New Brunswick. You may also want to consult our complete List of New Brunswick Guides .

Note: You will notice that throughout this publication, there are some references made to other relevant documents ("see the document...")  If you are using the Web, simply click on the links provided. If you are reading this publication from a print copy and would like to obtain those additional documents, please call the Canada / New Brunswick Business Service Centre at 1-800-668-1010 and we will provide you with copies.

For further information on individual topics identified herein, contact the respective governing body or the Canada / New Brunswick Business Service Centre. Because this document is only meant as a guide, the Canada / New Brunswick Business Service Centre will not accept responsibility for business decisions made based on the information provided.

TABLE OF CONTENTS

1. Regulations

1.1  Reproducing Previously Recorded Music
1.2  Legal Deposit
1.3  Protection of Personal Information: Your Responsibilities

2. Associations

3. The Canada / New Brunswick Business Service Centre

1.  Regulations

1.1  Reproducing Previously Recorded Music
If you will be reproducing previously recorded music that is copyrighted then you must contact the company / individual that owns the copyright and receive permission to reproduce their music. There is usually a fee involved called a royalty.

1.2  Legal Deposit
Within one week of releasing your recording for retail sale or public use, you must send one copy of the recording to the National Library, Legal Deposit for deposit (toll-free across Canada :1-866-578-7777 or Web site : http://www.collectionscanada.ca/6/25/index-e.html). If you will be issuing multiple formats (ie.compact disc, cassette, etc.) then one copy of each format must be deposited in the Legal Deposit. If you will be releasing videos for use other than local television use then two copies of the original must be deposited in the Legal Deposit. There is no fee to make a deposit. Once a deposit has been made, it remains the property of the Legal Deposit. The Legal Deposit provides a method of proof for copyright licensing purposes.

1.3  Protection of Personal Information: Your Responsibilities
The Guide to Canada's Personal Information Protection and Electronic Documents Act (PIPEDA) helps businesses understand their obligations and comply to the Act. Since January 1, 2004, the PIPED Act covers the collection, use or disclosure of personal information in the course of all commercial activities in Canada, except in provinces which have enacted legislation that is deemed to be substantially similar to the federal law.

For more information, see the document Protection of Personal Information - Your Responsibilities , call toll-free 1-800-282-1376 or visit the Web site: www.privcom.gc.ca/information/guide_e.asp

2.  Associations

The following may also be of some assistance:

• Alliance for New Music Projects
  416-963-5937 (Atlantic contact : 902-892-1809) or Web site: http://www.acnmp.ca;
• Canadian Academy of Recording Arts and Sciences
  1-888-440-5866 or Web site at: www.carasonline.ca ;
• Canadian Music Centre
  506-536-4263 or Web site at: www.musiccentre.ca ;
• Society of Composers, Authors and Music Publishers of Canada (SOCAN)
  1-800-707-6226 or Web site at: http://www.socan.ca/jsp/en/index.jsp; and
• Canadian Musical Reproduction Rights Agency (CMRRA) if you wish to copyright your music. They can provide licensing information regarding most musical copyrights. They can also let you know if a musical recording is public property and whether or not it has a copyright.
  416-926-1966 or Web site at: http://www.cmrra.ca/default.htm.

3.  The Canada / New Brunswick Business Service Centre

The Canada / New Brunswick Business Service Centre is an innovative partnership of federal and provincial government departments. Both levels of government work with key private-sector organizations to create a seamless information network for entrepreneurs.

Our mission is to improve the start-up, survival and growth rates of small and medium sized enterprises by giving business people in every part of New Brunswick access to accurate, timely and relevant information and referrals.

What can we do for you? We can guide you in the right direction! We can give you the information you need! We are your best source of comprehensive business information!

The Canada / New Brunswick Business Service Centre is accessible province-wide and free of charge. You may reach us through our toll-free number or visit us with your questions. Our office is open from 8:30 a.m. to 5:00 p.m., Monday to Friday. We also provide a 24-hour business information service, seven days a week, through our Web site.

Here's how to reach us:

DISCLAIMER
Information contained in this document is of a general nature only and is not intended to constitute advice for any specific fact situation. Users concerned about the reliability of the information should consult directly with the source, or seek legal counsel.

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