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PAST HEARINGS

Public Performance of Music - List of Evidence Filed
Use and Supply of Background Music - NRCC Tariff 3 (2003-2009)

Please note that the list is posted in the language in which it was filed.
Neighbouring Rights Collective of Canada (NRCC)
NRCC-1: Statement of Case
[filed November 26, 2004]
(revisions made on April 5, 2005)
NRCC-1.A: Supplementary Statement of Case
[filed March 11, 2005]
NRCC-2: Witness Statement of Diana Barry, Executive Director of the NRCC
[filed November 26, 2004]
NRCC-3: The Use of Eligible Performances and Sound Recordings by Background Music Suppliers and Users (with Appendices A to D), prepared by NRCC with the assistance of Paul Audley & Associates Ltd. and Circum Network Inc., November 26, 2004
[filed November 26, 2004]
(revised report and Appendix D filed February 10, 2005)
NRCC-4: Confidential - The Value of the Communication and Public Performance of Sound Recordings and Performers' Performances to Background Music Suppliers and Users (with Appendices A to F), prepared by Paul Audley & Douglas E. Hyatt, November 26, 2004
[filed November 26, 2004]
(some revised pages filed February 10 and 17, 2005)
NRCC-4.A: Confidential - Supplementary Report, The Value of the Communication and Public Performance of Sound Recordings and Performers' Performances to Background Music Suppliers and Users (with Appendices A and B), prepared by Paul Audley & Douglas E. Hyatt, March 11, 2005
[filed March 11, 2005]
NRCC-5: Analysis of "Standalone" Pay-Per-View (PPV) Movie Services: BDU Revenue from Subscribers, Payments by BDUs to PPV Services and Payments by Such Services to Rights Holders, prepared by Daniel Lyon, November 23, 2004
[filed November 26, 2004]
NRCC-6: Confidential - Bell ExpressVu Responses to NRCC Interrogatories
[filed November 26, 2004]
NRCC-7: Confidential - Star Choice Responses to NRCC Interrogatories
[filed November 26, 2004]
NRCC-8: Confidential - Access, Eastlink, Rogers, Shaw and Cogeco (CCTA) Responses to NRCC Interrogatories
[filed November 26, 2004]
NRCC-9: Confidential - CHUM Responses to NRCC Interrogatories
[filed November 26, 2004]
NRCC-10: Confidential - DMX Responses to NRCC Interrogatories
[filed November 26, 2004]
NRCC-11: Report on the Value Arguments in NRCC Tariff 3 (Background Music), prepared by Marcel Boyer, Bell Professor of Industrial Economics, University of Montreal, March 11, 2005
[filed March 11, 2005]
NRCC-12: Analyse méthodologique de deux études par sondage réalisées pour l'Association canadienne des restaurateurs et des services alimentaires et l'Association des hôtels du Canada, préparée par Benoît Gauthier, Réseau Circum, 10 mars 2005
[déposée le 11 mars 2005]
NRCC-13: HAC - Survey on Background Music Royalties
[filed April 5, 2005]
NRCC-14: HAC's Response to Request for Background Data
[filed April 5, 2005]
(also filed as Exhibit HAC-3)
NRCC-15: Your Guide to Targeting New Business with the Use of D&B's Standard Industrial Classification Codes, D&B Solutions, February 2004
[filed April 5, 2005]
NRCC-16: CRFA's Covering Memo Re: CRFA Survey on Background Music
[filed April 8, 2005]
NRCC-17: Examples of the impact of different assumptions regarding annual receiving equipment expenditures on the calculations of the rate for background music suppliers in Table 2 of NRCC-4
[filed April 13, 2005]
NRCC-18: NRCC responses to questions from the Board
[filed April 13 and 14, 2005]
(revised version filed April 20, 2005)
NRCC-19: NRCC responses to legal issues raised by the Board
[filed April 13, 2005]
NRCC-20: Confidential - E-mail from Mr. J. Aidan O'Neill, CHUM's Counsel re: CHUM Subscriber Numbers
[filed April 15, 2005]
NRCC-21: Graph: "Distribution of Revenues: Pay-Per-View and Background Music"
[filed April 15, 2005]
NRCC-22: Excerpts from Transcripts of Copyright Board Proceeding for NRCC Tariff 3, Use and Supply of Background Music, 2003-2009
[filed April 25, 2005]

Alberta Association of Agricultural Societies (AAAS)
AAAS-1: Statement of Case
[filed February 11, 2005]
AAAS-2: Witness Statements of Mr. David Bednar, General Manager, The Canadian National Exhibition and Ms. Joyce Trafford, General Manager, Carp Fair
[filed February 14, 2005]
(revised version filed March 29, 2005)
(additional information re: testimony of Joyce Trafford, filed April 1, 2005)
AAAS-3: Letter dated April 18, 2005 from Ms. Diane Cornish, AAAS Counsel re: SOCAN Royalties Paid in 2004 by Industry Representatives
[filed April 19, 2005]

Bell ExpressVu
Bell ExpressVu-1: Statement of Case
[filed February 11, 2005]
Bell ExpressVu-2: Witness Statement of Mr. Chris Frank, Senior Director, Regulatory and Government Affairs, Bell ExpressVu
[filed February 11, 2005]

Canadian Cable Telecommunications Association (CCTA)
CCTA-1: Statement of Case
[filed February 11, 2005]
CCTA-2: Confidential - Number of Background Music Subscribers
[filed April 4, 2005]
(revised version filed April 7, 2005)
CCTA-3: Confidential - Monthly Royalties Payable to NRCC Under Proposed Tariff
[filed April 6, 2005]
CCTA-4: Impact of Background Music on Customers Commercial Attitudes and Behaviour, prepared by Jean-Charles Chebat, John Labatt Professor of Marketing, School of Management, Université du Québec à Montréal
[filed April 6, 2005]
CCTA-5: CCTA responses to legal questions posed by the Copyright Board
[filed April 14, 2005]

Canadian Restaurant and Food Services Association (CRFA)
CRFA-1: Statement of Case
[filed February 11, 2005]
CRFA-2: Study of the Impact of an Increase in Music Royalty Fees, prepared by Deloitte Inc., February 8, 2005
[filed February 11, 2005]
CRFA-3: Witness Statements of Industry Representatives (Messrs. Phil Waserman, Pierre Labelle, Robert Ataman and Dan Moreau)
[filed March 3, 2005]
CRFA-4: Clips and articles
[filed April 7, 2005]
CRFA-5: Answers to All Questions to Survey
[filed April 8, 2005]
CRFA-6: Deloitte's e-mail linking to Zoomerang Online Survey for Restaurant and Bar Operators re: Background Music
[filed April 12, 2005]
CRFA-7: Zoomerang Online Survey for Restaurant and Bar Operators re: Background Music
[filed April 12, 2005]
CRFA-8: E-mail from Aleksandar Ciric of Deloitte re: Prevention on Multiple Answers from the Same Respondent
[filed April 13, 2005]
CRFA-9: CRFA responses to Board's questions re: SOCAN Royalties Paid in 2004 by Industry Representatives
[filed April 15, 2005]

CHUM Satellite Services
CHUM-1: Statement of Case
[filed February 11, 2005]
CHUM-2: Witness Statements of Mr.Wally West, Vice-President and General Manager, CHUM Satellite Services Inc. and Mr. Brad Trumble, Vice-President, DMX Music Inc.
[filed February 11, 2005]
(revised version filed March 9, 2005)
CHUM-3: Confidential - E-mail from Mr. J. Aidan O'Neill, CHUM's Counsel, providing responses to questions from the Board
[filed May 11, 2005]

Hotel Association of Canada (HAC)
HAC-1: Statement of Case
[filed February 11, 2005]
HAC-1.A: Statement of Case (in response to the Board's order of February 16, 2005)
[filed February 25, 2005]
HAC-2: KPMG Hotel Association of Canada Economic Impact Analysis, Canada's Lodging Industry 2003
[filed February 11, 2005]
HAC-3: Background Data in Support of HAC's Survey on Background Music Royalties
[filed March 3, 2005]

Star Choice Television Network
Star Choice-1: Statement of Case
[filed February 11, 2005]

"The Suppliers" (CCTA, CHUM Satellite Services, Bell ExpressVu and Star Choice)
SUPPLIERS-1: Opinion on Economic Issues in NRCC Background Music Supply and Background Music Use Tariff, 2003-2009, prepared by Dr. Frank Mathewson, Charles River Associates, February 11, 2005
[filed February 11, 2005]

Copyright Board
BOARD-1: Notice of the Board on Legal Questions
[filed April 5, 2005]
BOARD-2: Questions from the Board to NRCC
[filed April 7, 2005]