May 16, 2006 – Massage therapists and other practitioners in body approaches must now pay copyright for the music they play in their clinic, in the waiting room and in the salons where massages are given.
In recent months, the Society of Composers, Authors and Music Publishers of Canada (SOCAN)1 directly contacts massage therapists in Quebec to check if they use music as part of their profession. If this is the case, it informs them of the obligation to obtain a license, under the Copyright law2.
Whether practicing at home or in a clinic, massage therapists must comply with this law if they use music during treatment.
The annual license fee varies depending on the area occupied by the business. Until 2007, it is set at 11.46 cents per square foot ($ 1.23 / m2) and the minimum cost is $ 94.51 per year.
“We understand that authors and composers of music also have the right to be paid for what they do,” says Alain Beauregard, communications officer at the Fédération québécoise des massothérapeutes (FQM). According to him, massage therapists should be better informed, as they believe in good faith that after buying a disc, they can use it during massage.
However, places used for commercial purposes – such as a massage parlor or spa – are considered to be public places, where the Act applies.
At the Corporation of Massage Therapists and Other Practitioners in Body Approaches (CMAPPAC), we are wondering about the role and legitimacy of SOCAN. Its managing director, Martin Cinq-Mars, was also mandated by the board of directors a few days ago to obtain more details on this subject. “Our members find it absurd, it just happens out of nowhere! “, he said.
To evade the Law?
For massage therapists, it is possible to avoid the obligation to pay fees while continuing to play music for their clients: turn on conventional radio or subscribe to satellite or Internet radio.
In the case of conventional radio, the copyright has already been paid by the broadcasters. What about satellite or internet radio? “It’s not regulated, not yet !, but the tariff request has been filed with the Copyright Board,” explains Me SOCAN lawyer Marie-Josée Dupré.
Are there other solutions? “For those for whom massage therapy is not the main source of income, the simplest solution is to stop all musical distribution,” drops Alain Beauregard of the Fédération québécoise des massothérapeutes.
Massage therapists who tell SOCAN that they no longer use music may still be visited by an inspector from the organization. Verification can take place “at any time, transparently”, in M’s own words.e Dupre of SOCAN.
Offenders can be prosecuted in Superior Court and risk paying at least three times the fees initially charged. “But that’s not SOCAN’s purpose,” M concludes.e Marie-Josée Dupré. Authors must be paid, just as massage therapists are entitled to be paid for their work. “
Martin LaSalle – PasseportSanté.net
1. For more information on SOCAN’s role: www.socan.ca. The Copyright law is available at www.cb-cda.gc.ca/info/act-e.html [consultés le 16 mai 2006].
2. The royalty rate to be collected by SOCAN is set by the Copyright Board. In all, SOCAN manages the collection of 21 different tariffs. To find out more about these rates: www.cb-cda.gc.ca/tariffs/certified/mm20032004-b.pdf [consulté le 16 mai 2006].