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Public Performance of Music - List of Evidence Filed
Communication of Musical Works Via the Internet
SOCAN Tariff 22 (1996-2006)

Please note that the list is posted in the language in which it was filed.
Society of Composers, Authors and Music Publishers of Canada (SOCAN)
SOCAN-1: Statement of Case
[filed November 24, 2006]
SOCAN-1.A: Reply Case of SOCAN
[filed March 30, 2007]
SOCAN-2: SOCAN Proposed Tariff 22 (1996-2006)
[filed November 24, 2006]
SOCAN-3: Description of Tariff 22 Objectors
[filed November 24, 2006]
SOCAN-4: Internet Industry Overview, prepared by Tom Jurenka, Disus Inc., November 2006
[filed November 24, 2006]
SOCAN-5: Music on the Internet: A Canadian Perspective, prepared by Erin Research Inc., November 2006
[filed November 24, 2006]
SOCAN-5.A: The Value of Previews to Online Music Buyers: Response to POLLARA Survey and Professor Brander, prepared by Dr. George Spears, President, Erin Research Inc.
[filed March 30, 2007]
SOCAN-6: Role and Importance of Music on the Internet, prepared by Paul Hoffert, Professor
[filed November 24, 2006]
SOCAN-7: A Tangled Web We Weave, prepared by Robert Linney, CueTwo Communications, November 2006
[filed November 24, 2006]
SOCAN-8: Witness Statement of the SOCAN Panel
[filed November 24, 2006]
SOCAN-9: Contains Confidential Information - Economic Analysis of SOCAN Tariff 22, prepared by Stanley J. Liebowitz, Professor of Economics, School of Management, University of Texas at Dallas, November 2006
[filed November 24, 2006]
(Appendix 7 and revised pages filed February 2, 2007)
(public version available)
SOCAN-9.A: Contains Confidential Information - Royalty Rates for SOCAN Tariff 22: Response to Professor Brander, prepared by Stanley J. Liebowitz, Professor of Economics, School of Management, University of Texas at Dallas, March 2007
[filed March 30, 2007]
(public version available)
SOCAN-9.B: Royalty Rates for SOCAN Tariff 22: Response to Professor Mathewson, prepared by Stanley J. Liebowitz, Professor of Economics, School of Management, University of Texas at Dallas, March 2007
[filed March 30, 2007]
SOCAN-9.C: Royalty Rates for SOCAN Tariff 22: Response to CAB, prepared by Stanley J. Liebowitz, Professor of Economics, School of Management, University of Texas at Dallas, March 2007
[filed March 30, 2007]
SOCAN-10: David Basskin's testimony re: the use of music downloading services, CSI-Online Music Services (2005-2007) proceedings, pages 125 to 277 of the transcripts
[filed November 24, 2006]
SOCAN-11: Confidential - SOCAN Experimental Internet Licences
[filed November 24, 2006]
SOCAN-12: Copyright Board's decision of October 27, 1999 re: Legal Issues of SOCAN's Tariff 22
[filed November 24, 2006]
SOCAN-13: Federal Court of Appeal's decision of May 1, 2002
SOCAN v. CAIP (C.A.) [2002] 4. F.C. 3
[filed November 24, 2006]
SOCAN-14: Supreme Court of Canada's decision of June 30, 2004
SOCAN v. CAIP, [2004] 2 S.C.R. 427, 2004 SCC 45
[filed November 24, 2006]
SOCAN-15: Copyright Board's decision of August 18, 2006 certifying SOCAN's Tariff 24 (Ringtones) for the years 2003 to 2005
[filed November 24, 2006]
SOCAN-16: ComScore Networks Internet Data, December 2005 and June 2006
[filed November 24, 2006]
(updated 2006 data filed as Exhibit SOCAN-23)
SOCAN-17: Contains Sensitive Confidential and Confidential Information - Responses to SOCAN's Interrogatories:

Volume 3.1: Responses of Bell Canada/Bell Mobility (Part 1)
Volume 3.2: Responses of Bell Canada/Bell Mobility (Part 2)
Volume 3.3: Responses of ICEBERG, CBC/Radio-Canada, TELUS
Volume 3.4: Responses of CRIA for EMI, SONY BMG (Part 1)
Volume 3.5: Responses of CRIA for SONY BMG (Part 2)
Volume 3.6: Responses of CRIA for UNIVERSAL, Warner, Apple
Volume 3.7: Responses of CAB, Rogers Wireless Inc., Rogers
Volume 3.8: Responses of SHAW, ESA/ESAC, NCRA
[all filed November 24, 2006]
(public version available)
SOCAN-18: SOCAN's Legal Brief
[filed April 10, 2007]
SOCAN-19: Examples of sites falling under the "Other" category of Tariff 22, in response to Board's Notice of April 5, 2007
[filed April 16, 2007]
SOCAN-20: Curriculum Vitae of George Spears, President, Erin Research Inc.
[filed April 17, 2007]
SOCAN-21: Erin Part 1 Questionnaire and Preview Survey: Surveys that were used in the Erin Studies (Exhibit SOCAN-5)
[filed April 17, 2007]
SOCAN-22: Short Academic Bio and Curriculum Vitae of Paul Hoffert, Professor
[filed April 18, 2007]
SOCAN-23: Percentage Change Media Trend Report, Excerpt of Updated 2006 Data from the ComScore Networks Internet Data filed as Exhibit SOCAN-16
[filed April 18, 2007]
SOCAN-24: Key Measures Report
[filed April 18, 2007]
SOCAN-25: List of Web sites demonstrated by Paul Hoffert during his testimony
[filed April 19, 2007]
SOCAN-26: Letter dated April 26, 2007 from Gilles Daigle, counsel to SOCAN re: Application of multiple tariff items to a single website
[filed April 26, 2007]
SOCAN-27: Excerpt from the POLLARA Website (April 29, 2007)
[filed April 30, 2007]
SOCAN-28: SOCAN Points of Argument
[filed May 7, 2007]
SOCAN-29: Summary of the rates proposed by SOCAN for Tariff 22
[filed May 10, 2007]

Canadian Association of Broadcasters (CAB)
CAB-1: Statement of Case
[filed March 9, 2007]
CAB-2: Witness Statement of the Radio Panel
[filed March 9, 2007]
CAB-3: Witness Statement of the Television Panel
[filed March 9, 2007]
CAB-4: Use and Content of Canadian Broadcaster Websites, prepared by Solutions Research Group (SRG), March 2007
[filed March 9, 2007]
CAB-5: Advertising on the Internet, prepared by Jeff Osborne, President, OzWorks Marketing Communications, March 9, 2007
[filed March 9, 2007]
CAB-6: Opinion on Economic Issues in SOCAN Tariff 22, prepared by Professor Frank Mathewson, University of Toronto, Department of Economics and Institute for Policy Analysis, March 9, 2007
[filed March 9, 2007]
CAB-7: Contains Confidential Information - SOCAN Responses to Interrogatories
[filed March 9, 2007]
(public version available)
CAB-8: CAB's Legal Brief
[filed April 10, 2007]
CAB-9: Excerpt from the CRTC Financial Database System / Programming and Production Expenses (2005)
[filed April 19, 2007]
CAB-10: Email dated May 3, 2007 from Gabriel van Loon, Legal Counsel, CAB, providing responses to three undertakings made by the CAB to SOCAN during the proceedings
[filed May 3, 2007]
CAB-11: CAB's Outline of Final Argument
[filed May 7, 2007]

Canadian Broadcasting Corporation (CBC)
CBC/SRC-1: Statement of Case
[filed March 9, 2007]
CBC/SRC-2: Extract of the CBC/Radio-Canada Annual Report 2005-2006
[filed March 9, 2007]
CBC/SRC-3: Various Collective Agreements with the Canadian Broadcasting Corporation
[filed March 9, 2007]
(additional agreement filed March 30, 2007)
CBC/SRC-4: Tables: CBC Radio Music Use
[filed March 9, 2007]
CBC/SRC-5: Tables: CBC Television Music Use
[filed March 9, 2007]
CBC/SRC-6: Witness Statement of Stéphanie Paquette and John McQuaker
[filed March 9, 2007]
(revised version filed March 30, 2007)
CBC/SRC-6.A: Curriculum Vitae of Stéphanie Paquette, Directrice, Régions et archives numérisées, Service des nouveaux médias, SRC
[filed March 30, 2007]
CBC/SRC-6.B: Curriculum Vitae of John McQuaker, Manager, CBC.ca Regions and Radio/TV Programming Support
[filed March 30, 2007
CBC/SRC-7: Witness Statement of Brigid Lumholst-Smith and Carole Martineau
[filed March 9, 2007]
(revised version filed March 30, 2007)
CBC/SRC-7.A: Curriculum Vitae of Brigid Lumholst-Smith, Director, Talent Rights Management, CBC
[filed March 30, 2007]
CBC/SRC-7.B: Curriculum Vitae of Carole Martineau, Première conseillère en relations industrielles, SRC
[filed March 30, 2007]
CBC/SRC-8: Email dated April 14, 2007 from Aidan O'Neill in response to Board's Notice of April 5, 2007 re: "Bande à Part", Radio 3 or any other similar service
[filed April 14, 2007]
CBC/SRC-9: Excerpt from the CRTC Commercial Private Radio Statistical and Financial Summaries (2001-2005)
[filed April 19, 2007]
CBC/SRC-10: Excerpt from the CRTC Television Statistical and Financial Summaries (2001-2005)
[filed April 19, 2007]
CBC/SRC-11: Outline of CBC/SRC Oral Argument
[filed May 7, 2007]

Icerberg.Media.com
Icerberg-1: Statement of Case
[filed March 9, 2007]
Icerberg-2: History and Operations of Iceberg
[filed March 9, 2007]
Icerberg-3: Sensitive Confidential - Iceberg figures January-March 2007
[filed April 17, 2007]
Icerberg-4: Final Argument of Iceberg Media
[filed May 7, 2007]

National Campus and Community Radio Association (NCRA)
NCRA-1: Statement of Case
[filed March 9, 2007]
NCRA-2: Sample Station Revenues of NCRA/ANREC Member Stations
[filed March 9, 2007]
NCRA-3: Letters of Artists in Support of NCRA/ANREC
[filed March 9, 2007]
NCRA-4: Community and Campus Station Web Sites, April 26, 2007, presentation by Tristis Ward, NCRA Advisory Board and Station Manager of CHSR FM Fredericton, and Melissa Kaestner, National Coordinator, NCRA
[filed April 27, 2007]
NCRA-5: Témoignage de l'Alliance des radios communautaires du Canada (ARC du Canada), avril 2007, par Serge Paquin, Secrétaire général et François Côté, Agent de développement
[déposé le 27 avril 2007]
NCRA-6: Outline of Final Argument of the NCRA/ANREC
[filed May 7, 2007]

Bell Canada, Rogers Communications Inc., Shaw Cablesystems GP and TELUS Communications Inc.
Cable/Telco-1: Statement of Case
[filed March 9, 2007]
Cable/Telco-2: Contains Sensitive Confidential Information - Use and Content of Major Web Portals and Corporate Transactional Websites of Cable/Telcos, prepared by Solutions Research Group, March 2007
[filed March 9, 2007]
(revised version filed March 29, 2007)
(public version available)
Cable/Telco-3: Witness Statement of the Portal/Webcasting Panel
[filed March 9, 2007]
(revised version filed April 16, 2007)
Cable/Telco-4: Witness Statement of the Wireless Carriers Panel
[filed March 9, 2007]
Cable/Telco-5: Witness Statement of the Wireless Carriers Panel in the CSI Online Music Services (2005-2007) proceedings
[filed March 9, 2007]
Cable/Telco-6: Wireless Carriers Panel's testimonies, CSI Online Music Services (2005-2007) proceedings, pages 1784 to 1895 of the transcripts
[filed March 9, 2007]
Cable/Telco-7: Witness Statement of the Online Music Services Panel in the CSI Online Music Services (2005-2007) proceedings
[filed March 9, 2007]
Cable/Telco-8: Witness Statement of Kerry Munro, Yahoo! Canada, CSI Online Music Services (2005-2007) proceedings
[filed March 9, 2007]
Cable/Telco-9: Online Music Services Panel's testimonies, CSI Online Music Services (2005-2007) proceedings, pages 1641 to 1708 of the transcripts
[filed March 9, 2007]
Cable/Telco-10: Contains Confidential Information - Alistair Mitchell's testimony, CSI Online Music Services (2005-2007) proceedings, pages 1043 to 1086 of the transcripts and pages 186 to 197 of the confidential transcripts
[filed March 9, 2007] (public version available)
Cable/Telco-11: Cable/Telcos' Legal Brief
[filed April 10, 2007]
Cable/Telco-12: Puretracks Witness Statement (Alistair Mitchell) for CSI Tariff Proceedings
[filed April 16, 2007]
Cable/Telco-13: Sensitive Confidential - TELUS Streaming - Wireless Television and Wireless Radio
[filed April 27, 2007]
Cable/Telco-14: Sensitive Confidential - ROGERS Streaming Services
[filed April 27, 2007]
Cable/Telco-15: Sensitive Confidential - BELL Mobility - Live TV Service, Streaming Clips and Streaming Movies
[filed April 27, 2007]
Cable/Telco-16: Sensitive Confidential - Puretracks: Costs of Sale - Canadian Downloads
[filed April 30, 2007]
Cable/Telco-17: Outline of Cable/Telco Final Argument
[filed May 8, 2008]

The "Coalition" (CRIA and Apple Canada Inc)
Coalition-1: Statement of Case
[filed March 9, 2007]
Coalition-2: Witness Statement of Graham Henderson, President, CRIA
[filed March 9, 2007]
Coalition-2.A: Net Unit Shipments by CRIA Members
[filed March 9, 2007]
Coalition-2.B: Economic Picture - 1999 to 2006
[filed March 9, 2007]
(revised version filed as Exhibit Coalition-19)
Coalition-2.C: News Release entitled Companies Agree Digital Royalties Deal, September 28, 2006
[filed March 9, 2007]
Coalition-3: Contains Sensitive Confidential Information - Witness Statement of Christine J. Prudham, Vice-President, Legal and Regulatory Affairs, SONY BMG Canada Inc.
[filed March 9, 2007]
(public version available)
Coalition-4: Contains Sensitive Confidential Information - Witness Statement of Mark Jones, Vice-President, Finance and Information Technology, Universal Music Canada
[filed March 9, 2007]
(public version available)
Coalition-5: Contains Sensitive Confidential Information - Witness Statement of Eddy Cue, Vice-President of Apple's iTunes
[filed March 9, 2007]
(public version available)
Coalition-5.A: Sensitive Confidential - Licence Agreement between AMCOS, APRA and Apple
[filed March 9, 2007]
Coalition-6: Witness Statement of Geoffrey Michael Taylor, former General Counsel, International Federation of the Phonographic Industry
[filed March 9, 2007]
(public version available)
Coalition-6.A: Settlement Agreement between MCPS, PRS, BACS, iTunes, O2 (UK),
T-Mobile Int. (UK), Vodafone UK Content Services and OPCS
[filed March 9, 2007]
Coalition-6.B: IFPI: The Recording Industry 2006 Piracy Report
[filed March 9, 2007]
Coalition-7: Witness Statement of Humphrey Kadaner, President, HMV Canada Inc.
[filed March 9, 2007]
Coalition-8: Contains Confidential Information - Royalty Rates for SOCAN Tariff 22: An Economic Analysis, prepared by James A. Brander, Asia-Pacific Professor of International Business, Sauder School of Business, University of British Columbia, March 9, 2007
[filed March 9, 2007]
(public version available)
Coalition-8.A: Abbreviated Curriculum Vitae of James A. Brander
[filed March 9, 2007]
Coalition-9: Song Previews: Analysis of Online Canadian Preferences, prepared by POLLARA Strategic Public Opinion & Market Research, March 2007
[filed March 9, 2007]
Coalition-9.A: Survey Questionnaire
[filed March 9, 2007]
Coalition-9.B: Results of Survey
[filed March 9, 2007]
Coalition-10: SOCAN's Responses to Interrogatories Relied Upon
[filed March 9, 2007]
Coalition-10.A: SOCAN's Response to Interrogatory 4
[filed March 9, 2007]
Coalition-10.B: Contains Sensitive Confidential Information - SOCAN's Response to Interrogatory 6
[filed March 9, 2007]
(public version available)
Coalition-10.C: SOCAN's Response to Interrogatory 19
[filed March 9, 2007]
Coalition-10.D: Sensitive Confidential - SOCAN's Response to Interrogatory 22
[filed March 9, 2007]
Coalition-10.E: Contains Sensitive Confidential Information - SOCAN's Response to Interrogatory 26
[filed March 9, 2007]
(public version available)
Coalition-10.F: SOCAN's Response to Interrogatory 32
[filed March 9, 2007]
Coalition-10.G: SOCAN's Response to Interrogatory 47
[filed March 9, 2007]
Coalition-10.H: SOCAN's Response to Interrogatory 49
[filed March 9, 2007]
Coalition-10.I: SOCAN's Response to Interrogatory 51
[filed March 9, 2007]
Coalition-10.J: SOCAN's Response to Interrogatory 52
[filed March 9, 2007]
Coalition-10.K: SOCAN's Response to Interrogatory 54
[filed March 9, 2007]
Coalition-10.L: SOCAN's Response to Interrogatory 60
[filed March 9, 2007]
Coalition-11: Documents and Transcripts from the CSI Online Music Services (2005-2007) proceedings:

A. Stohn Report (and Appendices A and B) with Chart and Transcripts from examination of Stephen Stohn
B. Witness Statement of the CRIA Panel (and Appendices A, C and D) and Transcripts from its examination
C. Witness Statement of Eddy Cue and Transcripts from his examination
D. Transcripts from examination of Alistair Mitchell, Puretracks
E. Witness Statement of Ted Cohen and Transcripts from his examination
[all filed March 9, 2007]
Coalition-12: Email dated September 19, 2006 from Stanley Liebowitz re: Value of Previews Survey
[filed April 18, 2007]
Coalition-13: Updates & Announcements from the American Association for Public Opinion Research's Website
[filed April 18, 2007]
Coalition-14: Additional Information provided in response to requests from CRIA concerning the ERIN Research Study (Exhibit SOCAN-5)
[filed April 18, 2007]
Coalition-15: Examples of customers' comments re: The use of Previews when purchasing online
[filed April 18, 2007]
Coalition-16: A Review of WTA/WTP Studies, prepared by John K. Horowitz and Kenneth E. McConnell, Department of Agricultural and Resource Economics, University of Maryland
[filed April 18, 2007]
Coalition-17: Geoff Taylor's Response to the Copyright Board's Questions in its email of April 10, 2007
[filed April 27, 2007]
Coalition-18: Canadian Retail Sales for the year 2006 (Source: IFPI and CRIA)
[filed April 30, 2007]
Coalition-19: Revised Economic Picture - 1996 to 2006 (Source: IFPI and CRIA)
[filed April 30, 2007]
(first version filed as Exhibit Coalition-2.B)
Coalition-20: CRIA's News Release entitled Canada's Music Sales Fall 35% in First Quarter
[filed April 30, 2007]
Coalition-21: Excerpt of the presentation of Graham Henderson and Christine Prudham filed as Exhibit Coalition-11 in CSI Online Music Services (2005-2007) proceedings
[filed April 30, 2007]
Coalition-22: Curriculum Vitae of Duncan McKie, Vice-Chairman and Chief Methodologist, POLLARA
[filed April 30, 2007]
Coalition-23: Outline of Closing Argument of CRIA/Apple
[filed May 8, 2007]

Entertainment Software Association and Entertainment Software Association of Canada
ESA-1: Statement of Case of ESA and ESAC
[filed March 9, 2007]
ESA-2: Witness Statement of the ESA Panel
[filed March 9, 2007]
(revised version filed March 23, 2007)
ESA-3: ESA's Glossary of Terms
[filed March 9, 2007]
ESA-4: SOCAN's Responses to Interrogatories Relied Upon
[filed March 9, 2007]
ESA-5: Determination of the Royalty Rate
[filed March 9, 2007]
ESA-6: Legal Brief of ESA and ESAC
[filed April 10, 2007]
ESA-7: Email dated April 16, 2007 from Lise Bertrand in response to the Board's Notice of April 5, 2007 re: Sites referred to in revised Exhibit ESA-2, paragraph 8 [filed April 16, 2007]
ESA-8: Sensitive Confidential - Representative Sample Agreements, in response to Board's Notice of April 5, 2007
[filed April 16, 2007] (revised version filed April 25, 2007)
ESA-9: Presentation of Jaap Tuinman, Director of Online Marketing, Electronic Arts, and Maria Luisa Simpson, Senior Counsel, IP Policy, Entertainment Software Association
[filed May 2, 2007]
ESA-10: ESA and ESAC's Outline of Oral Argument
[filed May 8, 2007]

Copyright Board of Canada
Board-1: Interactive Advertising Bureau of Canada Newsletters entitled 2006 Canadian Online Advertising Tops $1 Billion Dollars, April 30, 2007 [filed April 30, 2007]

Other documents part of the record
  1. Submission dated January 24, 2007 from Michael Dunn of Esprit Communications re: Benefits to the Canadian Music Industry of a Canadian Based Independent "Online Only" Radio Industry.

  2. Letter of comments dated February 16, 2007 from Ken Regan, General Manager, CKUA Radio Network.

  3. Emails dated May 2, 2007 and May 8, 2007 from Howard P. Knopf providing comments and supporting material, on behalf of the Retail Council of Canada.

  4. Letter dated May 7, 2007 from Casey M. Chisick providing comments on behalf of CMRRA/SODRAC Inc.