Becoming a member
Member rights
Member royalties
SOCAN facts
How SOCAN works
Private Copying (PDF)
Q: Why should I join SOCAN?
A: Joining SOCAN allows you to be compensated for public performances of your music, both here in Canada and abroad.
Q: How do I qualify for SOCAN membership if I am a music creator?
A: You must establish that you meet one of the following criteria:
• Your music is published by a music publisher owned by someone other than yourself
• Your music has been recorded and is available for sale
• Your music has been performed on radio
• Your music has been performed on TV or in a film
• Your music has been performed live
Q: What does a music publisher do?
A: The music publisher is the business partner in a musical composition. A good music publisher has the knowledge and contacts to promote a composition. Typically a publisher enters into a songwriter/publisher agreement with the songwriter, whereby the songwriter assigns ownership and control of the copyright-protected musical works to the publisher in exchange for a percentage of the income derived from the exploitation of the musical works. A reputable publisher never charges a fee for his/her service.
Q: Should I start my own publishing company?
A: Unless you have specific reasons for doing so and have the knowledge, skills and contacts to be a successful publisher, there may be no need. SOCAN does not require that you be established as a publisher in order for you to collect all the royalties payable on a musical work you created. If no publisher is involved on a musical work, we pay 100 per cent of the royalties to the writer(s). If the work is published, this total is divided between the writer(s) and the publisher(s).
Q: How do I qualify for publisher membership?
A: A music publisher must first establish that they have been assigned
•five or more copyright-protected musical works written or co-written by a SOCAN member or by a Canadian; or
•one or more musical work(s) featured on a commercial recording.
Q: How do I join SOCAN?
A: Visit our Become a member [LINK here to www.socan.ca/jsp/en/music_creators/criteria.jsp] page to confirm that you qualify, and to apply for membership.
Q: Is membership permanent?
A: Your membership will be renewed every two years automatically, unless you notify us in accordance with your agreement in writing that you wish to terminate your SOCAN membership.
Q: Do I have to join other organizations to be paid for performances outside Canada?
A: No. SOCAN has reciprocal agreements with performing rights organizations (PROs) [LINK here to www.socan.ca/jsp/en/resources/around_world.jsp] around the world. These PROs send royalties earned to SOCAN, so that we can pass them on to our members.
Q: How much does it cost to become a member of SOCAN?
A: For those music creators (composers, songwriters or lyricists) who apply online, membership is free. For music publishers, there is a one-time membership fee of $50 (plus applicable taxes).
Q: What is copyright?
In Canada, copyright protection is automatically granted to creators of original works. Copyright is actually a number of rights. These rights include, amongst others, the right to copy the work, also known as reproduction rights, and the right to perform the work in public. SOCAN administers the performing rights in a musical work. SOCAN does not register copyrights. For more information, see our section on copyright law.
Q: How do I get permission to record a musical work?
Anyone wishing to record a song must first seek the permission of the copyright owner by obtaining a mechanical rights licence. In Canada, many copyright owners are represented by mechanical rights organizations such as the Canadian Musical Reproduction Rights Agency (CMRRA) or the Society for Reproduction Rights of Authors, Composer and Publishers in Canada Inc. (SODRAC).
Q: Can I make an arrangement or adaptation of a musical work that is still subject to copyright protection?
If you wish to arrange or adapt an original copyright-protected musical work you must obtain permission from the copyright holder of that work.
Q: How many seconds of a song may I use before I need clearance?
Using any samples without permission of the original copyright owner may constitute copyright infringement. In that case, both the copyright owner of the recording and the copyright owner of the musical work must grant permission.
Q: Do I have to register my work for it to be protected by copyright?
Practically, copyright is granted as soon as an original work is fixed in some form. As soon as you write it down, record it , make it into a computer file or fix it in any way, it is your work. Registering your copyright is useful if you ever have to prove the work is indeed your copyright-protected property. For more information, see our section on copyright law.
Q: How do I protect my copyright?
While copyright ownership in Canada is automatic upon creation of a song, it is still important to have evidence that establishes ownership and date of creation in the possible event of infringement. The following are common practices: registering with the Canadian and/or U.S. copyright offices and including identification of ownership on all published material.
Q: How long does copyright last?
Copyright generally lasts for the life of the author (or the last surviving author) plus 50 years after death. Once the period of copyright has ended the copyright is said to have expired and the work enters the public domain.
Q: What is public domain?
In Canada, a song enters the public domain 50 years after the death of the last surviving composer of the song. Permission to use, arrange, adapt and record a song in its original form is not required once it becomes part of the public domain. While 50 years remains the standard, the United States and some European countries have extended the length of copyright to 70 years after the death of the last surviving composer. Any new arrangement or adaptation of the work may give rise to a separate copyright.
Q: Can I copyright my band’s name?
You cannot "copyright" your band’s name, but you can register the name as a trademark with the Trademarks Branch of the Canadian Intellectual Property Office (CIPO). Ask an intellectual property lawyer for more information.
Q: Is my copyright ownership recognized throughout the world?
Like Canada, many nations are signatories to either or both of the Berne and Universal Copyright Conventions. These international treaties ensure that copyright owners are granted similar rights in all signatory countries. However, it is advisable to place a copyright notice (e.g., © Simon Songwriter, 2007) on all works.
Q: Does SOCAN protect my copyright?
SOCAN does not protect your copyright. SOCAN administers and protects the performing right. SOCAN does not administer reproduction rights (mechanical rights, synchronization rights), print rights, translation rights, moral rights or neighbouring rights.
Q: Will SOCAN act on my behalf with my publisher?
SOCAN cannot act on your behalf with publishers, promoters, distributors, movie studios or anyone else. Your agent or lawyer will help you with these transactions.
Q: What if I’m a member but my co-writer is not?
A: You can register the song, indicating the division of ownership shares and we will distribute your portion to you. Your co-writer will, unfortunately, not collect until he or she joins SOCAN.
Q: Should I give my producer songwriter credits?
A: Music copyright belongs to the creator of the song. Typically, the producer is paid for his/her work and does not share royalties which accrue as a result of exploitation of the song.
Q: Can I claim performance royalties if I am arranging, orchestrating, transcribing or adapting a public domain work?
A: Yes. You can claim shares if the work is in the public domain. SOCAN'S distributing rules provide for credits that may vary depending upon the nature of the arrangement.
Q: How does SOCAN calculate what I get paid?
A: The amount of the royalty distribution depends on the use of the music and a number of other variables. We have comprehensive distribution rules and you may request a copy or contact us if you want more information.
Q: How often are royalty payments made?
A: SOCAN makes royalty payments of $5 or more to its members on a quarterly basis, beginning February 15 of each calendar year. Royalties of less than $5 accumulate until they hit the $5 mark and are then forwarded in the next payment quarter. Members earning less than $500 per distribution quarter will only be paid through direct deposit into their accounts. Members who earn more than $500 in a particular quarter will continue to have the option of receiving their earnings either by direct deposit or cheque.
Q: How are royalties divided among co-writers, band members, producers and others?
A: Tell us how you want the royalties allocated and we’ll make sure the royalties are sent in the percentages you have agreed and advised SOCAN.
Q: Does SOCAN distribute only performance royalties?
A: SOCAN distributes royalties collected by the Canadian Private Copying Collective to compensate copyright holders for the recording of musical works for private use. Members must first assign this right to SOCAN in writing so that SOCAN can distribute these royalties.
Q: Does SOCAN issue advance royalty payments to members?
A: Yes. SOCAN does offer advances to qualifying members upon request. Advances are based on a consideration of a member’s past earning history and the confirmation of any immediate future/“pipeline” monies. The amount issued is expected to be recouped by the member over the following two distribution quarters. Interest will accrue if the advance is not recouped within one year.
Q: Should I keep track of the performances of my songs?
A: While SOCAN works on your behalf to acquire all the necessary data to make royalty payments for performances of your music, we don't always receive complete information. You can assist us by notifying SOCAN of any CBC, television, concert or international performance of your music.
Q: How does SOCAN calculate payments for each radio and television performance?
A: In order to calculate the payment for each performance, SOCAN divides the monies available for distribution by the number of performances logged. Payment per performance does vary from distribution to distribution for radio and television performances. A number of variables determine payment for all types of performances each quarter: the amount of licence fees collected; the number of titles identified and paid. Television royalties also vary according to the television station using your music, the time of day of the performance and the type of music use (feature or background).
Q: Who decides how much a music user pays to SOCAN?
A: SOCAN licence fees are subject to approval by the Copyright Board, an independent government-appointed body. SOCAN proposes tariffs annually to the Board, and the results are then published in the Canada Gazette. Music users (licensees) have 60 days after the publication of the proposed tariffs to file objections with the Board. In the case of a dispute, a hearing may take place after which, the Board makes the final decision as to how much licensees will pay.
Q: How do I know where my song was played?
A: Your distribution statement includes information about the source of radio and television performances. For additional details, contact us.
Q: Do I get paid every time a song is performed on the radio?
A: Beginning with our August 2007 distribution, SOCAN started using digital audio identification (DAI) technology through an agreement with a leading supplier of radio performance data to electronically monitor over 150 commercial radio stations on a census basis. As well, the Canadian Broadcasting Corporation (CBC) continues to provide airplay logs of national and regional programming on a census basis. This enables SOCAN to log all detected performances from the said radio stations for distribution. Since it is not cost-effective to log every musical performance on every radio station in Canada on a census basis, SOCAN will continue to sample the rest of the commercial radio stations on a quarterly basis to identify the use of our members’ works. Additionally, non-commercial (campus and community) radio stations and CBC local programming will be sampled.
Q: How do I get paid for a television performance of my music?
A: SOCAN relies on programming information provided by an independent company, Canadian television stations and on television cue sheets, which list the musical contents of each program or film in order to track the music performed and distribute the royalties for the television performances of your music. You can help by keeping us informed of any television performances of your music and by ensuring, if possible, that cue sheets are submitted to SOCAN for those programs or films. Please note that all cue sheets must be signed by the producer of the program or film.
Q: Does SOCAN distribute royalties for commercials and public service announcements?
A: SOCAN does not collect royalties for music used in commercials or public service announcements of 60 seconds or less. Any performance over 60 seconds may be processed for payment, providing we receive the appropriate programming information.
Q: Does SOCAN pay royalties for cinema performances?
A: Yes. SOCAN collects and distributes royalties for these performances based on a survey of films playing in cinemas across Canada. For additional details, contact us at socan@socan.ca.
Q: Which live performances are eligible for distributions?
A: SOCAN must receive a Notification of Live Music Performance Form which provides details about the performance for us to determine whether or not the performance qualifies for a royalty distribution. If the venue or promoter is licensed by SOCAN, the performance qualifies as a concert under SOCAN’s distribution rules and we collect licence fees and distribute royalties to our members.
Q: Do I receive royalties for club performances of my music?
A: A $6 per person minimum cover must be charged for any club performance in order for it to be eligible for payment by SOCAN.
Q: Do I get paid for club and concert performances in the U.S.?
A: There are currently no performance royalty payments made for club performances in the U.S. However, ASCAP and BMI do pay royalties for the top grossing concerts taking place in the U.S. However,the licence fees collected by the U.S. based societies for such premises are distributed as part of their general distribution.
Q: How do I get paid for performances outside of Canada?
A: SOCAN relies on our members to provide information about international television and cinema performances so that we can keep international societies updated about our members’ repertoire and performances. Affiliated performing rights societies can then administer your repertoire in their territory and make performance royalty distributions on your behalf. SOCAN staff reviews music publications regularly to track our members’ activities abroad. Although SOCAN used to also rely on member notifications for international record releases, this is no longer the case. Our affiliated societies now obtain relevant work info through CISNet.
Q: How often are international royalties paid?
A: International royalty payments are made quarterly along with SOCAN’s distribution of Canadian royalties. However, distribution schedules vary from society to society, with some remitting to SOCAN annually, some more or less frequently.
Q: Does SOCAN charge a processing fee on incoming international royalties?
A: No processing fees are charged on incoming monies received from international societies.
Q: What can I do if I think I'm not getting paid for performances outside of Canada?
A: We encourage our members to contact SOCAN directly if they have any concerns regarding international performances of their music and royalties. Our highly dedicated Member Services staff and International Department will ensure that your concerns are addressed with the appropriate affiliates around the world. You should refrain from contacting foreign societies directly, as they are not in a position to speak with non-affiliate members of their society.
Q: What does SOCAN do?
A: SOCAN is a performing rights society that licenses the public performance and communication of the world’s repertoire of copyright-protected musical works in Canada and then distributes royalties to its members and affiliated international societies.
Q: Are there functions SOCAN doesn’t perform that I should know about?
A: SOCAN cannot act as an agent for our members in pursuing copyright claims or act on their behalf in lawsuits with publishers or with distributors. Nor can SOCAN affect your deals with publishers, promoters, or movie production companies. We don’t publish music and we don't register your copyright.
Q: Does SOCAN work for profit or not-for-profit?
A: SOCAN retains no earnings. All royalties it collects – less its operating costs – are passed on to its members and affiliated societies.
Q: How many people work for SOCAN?
Across Canada, about 300 people work for SOCAN.
Q: How many Canadians have joined SOCAN?
There are more than 95,000 members of SOCAN.
Q. Is SOCAN a government agency?
A: No, but we are recognized by the Canadian government as the copyright collective for performing rights of musical works. SOCAN is a membership organization made up of creators and publishers of musical works. The rights assigned to SOCAN by its members are provided for in the Federal Copyright Act.
Q. Where does SOCAN get its funding?
A: SOCAN is funded through the licence fees we collect. A portion of the licence fees collected are used for operating costs, but more than 80 percent of the money is distributed to members and affiliated societies.
Q: How do I register my musical works with SOCAN?
A: Complete a Work Registration Form for each work that is being, or may be, performed in public: on radio or television, in movie theatres, or live. There are three steps required in order to complete the work registration form online:
1. You must be a SOCAN Member. If you're not a member, it's easy to apply for membership.
2. You (the member) must obtain a User ID by contacting our Member Services Department at members@socan.ca.
3. Using your ID, login to our "Members" section and click on "Works Registration" for the required form.
Or, you can contact us at the e-mail address above to receive a physical copy of the form(s) by mail.
Q: How do I know what to register?
A: Any musical work that is being performed, or is likely to be performed should be registered. If you aren't sure, contact us at the e-mail address above.
Q: How do my co-writers and I split songwriting shares?
A: The composition and lyrics in a musical work are generally considered to be of equal value. However, you and your collaborator(s) may decide that the value of your contributions vary from composition to composition. Once you reach an agreement, complete the works registration form online, indicating how the shares are split, by percentage, between you and your collaborator(s).Or you can submit a physical copy of the form, also indicating the share split, and signed by each of you.
Q: Does SOCAN cover radio, television and movie performances?
A: Yes. SOCAN distributes royalties for the following types of performances: broadcast and satellite/cable radio, broadcast and satellite/cable television, movie theatres, and public (live and recorded) performances. SOCAN pays royalties for both domestic and international performances.
Q: What club performances does SOCAN cover?
A: SOCAN collects licence fees and distributes royalties for live performances in licensed venues that have a minimum $6 cover charge
