Section 1: Music Support Services

Policy

1. The Department of National Defence (DND) and the Canadian Armed Forces (CAF) are committed to providing quality music support services to the DND, the CAF and other government departments and appropriate non-governmental organizations. CAF bands provide music support services to military parades, events and ceremonies, for recruiting purposes, in support of national, provincial and local governments, and public relations activities. In addition, support to civilian engagements foster relationships within the community and afford the CAF the opportunity to connect with Canadians. The following factors must be considered when approving music support services:
   1. the type of event to be supported;
   2. the availability of musical resources;
   3. the technical proficiency of the CAF band as assessed by the functional authority; and
   4. climatic weather conditions.

2. The DND and the CAF must not provide music support services to an event that:
   1. is not in keeping with the dignity and prestige of the DND or the CAF;
   2. has no public relations or recruiting value;
   3. is organized for or on behalf of a political party, or an organization having controversial aims as determined by the appropriate chain of command;
   4. is a civilian religious procession or other ceremony, other than a ceremony of a type held on Remembrance Day; or
   5. results in competition for the employment of private bands or musicians.

3. The decision to provide music support services to an event is a command responsibility. Before an engagement is authorized, consultation with the Director of Music, Bandmaster, Voluntary Band Leader or Senior Pipe Band Musician on technical matters should occur.

4. A Memorandum of Understanding (MOU – DND # 2004062844 dated 27 July 2004) (accessible only on the DWAN) was ratified between the CAF and the American Federation of Musicians of the United States and Canada (AFM). This MOU clarifies the respective position of both organizations and was created to avoid misunderstandings and to facilitate cooperation. It is mutually understood that CAF bands shall not provide any music support services that is in direct conflict or competition with civilian musicians.

5. CAF bands or individuals shall not solicit gifts, hospitality or other benefits nor accept honourariums, gifts, hospitality or other benefits for performance in accordance with DAOD 7021-3, “Acceptance of Gifts, Hospitality and Other Benefits”.

GBA+ Directives and Guidelines

6. Gender Based Analysis Plus (GBA+) is an analytical process used to assess how diverse groups of women, men, and non-binary people may experience policies, programs and initiatives. The process further aims to address the potential for unequal access and impact in the design and delivery of these policies, programs and initiatives. In addition to internal policies, GBA+ (accessible only on the DWAN) shall be applied to all performances to assess how the criteria may cause potential barriers and disadvantages to diverse groups of women, men, and gender diverse members in the CAF, specifically as it pertains to programming.

Categories of Music Support Services

7. In accordance with DAOD 5041-1, there are two categories of music support services provided by CAF bands.

8. Category 1 music support services are defined as the provision of musician support of the CAF and the DND, including activities that foster and develop community relations. Category 1 music support services are provided at public expense. CAF bands that do not have the financial resources within their business plan to perform for military units may provide the musical support on a “user pay” basis. Although not an exhaustive list, examples of category 1 music support services are:
   1. CAF parades or ceremonies;
   2. official CAF functions;
   3. performing a national anthem;
   4. activities in support of outreach and recruiting; and
   5. concerts.

9. Category 2 music support services are defined as the provision of music in support of other government departments or appropriate non-governmental organizations. All music support service correspondence must contain a “subject to the exigencies of the service” clause. Support to category 2 music support services must be provided in accordance with the Provision of Services policy. Although not an exhaustive list, examples of category 2 music support services are:
   1. music support to another government department (OGD);
   2. music support to a charity or not for profit organization when admission is being charged;
   3. music support to a defence or government related group;
   4. civilian parades;
   5. participation in a band festival or tattoo; and
   6. concerts.

International Music Support

10. All requests for international music support must be vetted by the Supervisor of Music (DHH 7) before sourcing a band through their respective L1. If a CAF band is contacted directly by any international organization they should immediately contact DHH 7. The Supervisor of Music will advise the L1 OPI, via the Director DHH, regarding the capabilities and availability of the musician or ensemble that is being considered for an international performance. This ensures that the L1 is provided critical information by the functional authority, CMP, in order to fulfil the specific technical requirements of the request.

11. A Visit Clearance Request (VCR) must be submitted to Director Foreign Liaison (DFL 2) well in advance of the departure date in accordance with current regulations to ensure the administrative process can be completed. In some situations, travel may only require a Visit Notification (VN). In either situation, direct confirmation from DFL is recommended.

Pipes and Drums Competitions

12. Pipes and drums are encouraged to perform at highland games, however, competition is considered professional development and must be prioritized below category 1 and 2 engagements. CAF bands must not accept prize money, except if given written approval from the appropriate authority as per DAOD 7021-3.

Combined Bands

13. When pipes and drums perform with CAF brass / reed bands, they must use chanters tuned to match the brass / reed band’s center of pitch.

Festivals and Tattoos

14. The organization of a large scale event such as a music festival or military tattoo is complex and multifaceted. It is recommended that any DND/CAF organization that intends to organize such an event contact DHH 7 for guidance.

Announcing at Public Performances

15. All public performance announcements must conform to the policy established by the Official Languages Act and DAOD 5039-0, Official Languages.

Strategic Communication

16. When combining the influence of emotions on the behavior of human beings, with the ability of music to create that emotion, military music is unique in the CAF for its capability to shape the Information Operations (IO) environment. The employment of bands is an effective means of enhancing strategic communication with target audiences by ‘proactively informing’ audiences of strategic goals through the emotional connection, or “hearts and minds”, and can be achieved through public performances domestically, internationally, and on deployed Operations. In essence, band performances can be considered the tactical actions taken to create strategic effects, while the performances are the lens through which audiences perceive the information.
17. Musical Support to Domestic Events (communications strategy and plans)
1. Strategic Goal - domestic engagements are a means for proactively informing the Canadian public by enhancing the message of CAF strategic communications.
2. performances can be organized by three Lines of Effort (LoE):
   1. recruiting, such as:
      1. school concerts – provide a means to target a specific audience by providing greater awareness, education and information on employment opportunities;
      2. music festivals – showcase professionalism, competence and inclusion with the message of instilling pride in belonging to the CAF; and
      3. fairs/exhibitions/highland games – engage wider audience to proactively inform, educate with opportunities to leverage joint support with local units.
   2. community outreach, such as:
      1. public concerts – opportunity to support and connect with local communities and to engage public in isolated areas, provides means for commanders to engage local government officials and local authorities.
      2. street parades – connect with and support the greater community, provides opportunity for joint support with local units.
      3. fairs/exhibitions/highland games – connect with and enhance strategic communication to a wider audience to inform, educate and strengthen awareness about the military.
   3. events that instill national pride, such as:
      1. Remembrance Day ceremony – stirring emotional connections when communities come together to remember our fallen and honour the sacrifices made by so many Canadians.
      2. Canada Day celebrations – elevating the atmosphere and national pride connecting Canadians from coast to coast to coast in celebrating what we have achieved as a nation.
      3. military parades, national commemorations, and state ceremonies – enhancing emotional connections, promoting awareness of our proud history and showcasing ceremonial protocol.
      4. CAF appreciation events – considered high profile events where professional sports teams across Canada, in front of large audiences and nationally televised, honour and acknowledge the outstanding service and sacrifice of CAF personnel. Music plays a critical role for strategic communication in support of these events.
3. Band performances can be used as a very cost-effective and powerful tool for the GoC in reaching remote communities that neither planes, tanks or ships can access. This can increase the uniformed presence in northern communities (Arctic Sovereignty) while increasing morale of the Indigenous populations. Whether specific or non-specific messaging in nature, the effect is that concerts help create a positive perception of the military and its presence in the area.
4. performances inspire the pursuit of excellence; they can be further sculpted to capitalize on a variety of public engagements which can be leveraged to support any number of strategic communications strategies in support of LoE.
18. Musical Support to International Events
1. International performances are powerful opportunities to proactively inform foreign audiences in promotion of national interests. These types of performances provide a means to reassure allies and promote regional stability in alignment with GoC or CAF activities and strategic objectives for target nations.
2. Support includes, but not limited to:
   1. International Military Tattoos – enhance strategic communication to strengthening ties between allies and international partners.
   2. International Music Festivals – provide strategic communication for GoC objectives by connecting with organizations outside the military on an international scale.
   3. International State Ceremonies – Elevate strategic communication to support GoC/national interests to strengthens ties with our closest allies.
3. Bands are encouraged to program culturally sensitive music that creates good will and a positive view of Canada. Shaping the environment in this manner permits a more receptive audience that may be willing to support Canadian objectives. promoting peace resilience and security.
4. Musicians’ role - When performing internationally, musicians take on a role of national representation and are primarily enhancing messages in support of GoC strategic communications and reinforcing relationships with allies to promote national interests abroad.
19. Musical Support to Deployed Operations
1. Capability - music is a means of communication which speaks to a very broad audience and plays an essential role in community engagement and identity, social development and change, education, and the mental and emotional health of audiences worldwide. Music creates emotional connections with target audiences as a means to deliver a strategic message and proactively inform target audiences.
2. Support includes, but not limited to:
   1. Information Operations (IO) Environment – Support to operations such as Op REASURANCE providing measures to deliver positive influence and support to gain critical acceptance by host nation and partnered allies.
   2. Stabilization Force (SFOR) Environment – Support to operations such as Op PALLADIUM providing a means to connect with local population and communities to preserve acceptance and reassure presence within host nation alongside partnered allies.
3. Effect - On deployed operations the desired effects are different in that music can be used to actively influence target audiences to be more supportive towards CAF objectives, improve perceptions of Canada and sponsoring trust in democracy. Public concerts provide space for an audience to participate in an event with enough length to fully immerse the listener and develop the emotional connection and therefore enhance strategic messaging. Concerts can be programmed for specific or nonspecific messaging.
20. Strategic Outcome
1. Military musicians enhance strategic communications and proactively inform audiences on a domestic/international stage. Whether performing locally or internationally in support of GoC, CAF or a specific environment, the unique capability to create emotional connections with audiences through cultural exchanges of shared values serve to enhance strategic communications and should not be underestimated. Through creative and purpose driven programming, music can be targeted to the audience for recruitment, community outreach and instilling national pride, reassuring allies, promoting regional stability, and influence activities.

Section 2: Employment of Bands in Inclement Weather

General

1. This section outlines the weather conditions under which bands should not be expected to perform efficiently and, if bands must play, the action to be taken to counteract adverse conditions.
2. The goal for musicians will always be to focus on successful support of any engagement, however, the aspects mentioned below must be taken into consideration to ensure that musicians can complete tasks assigned to them safely and to a quality that reflects positively on the CAF.

Musical Instruments

3. Rain and Sleet: the effect of rain and sleet on instruments is as follows:
   1. Woodwind Instruments: All woodwind instruments have keys and pads that are precision made. Many of these instruments are made from high quality wood which make them more susceptible to adverse weather. Playing outdoors in other than slight precipitation will impair the functioning of these instruments with a consequent lack of musical efficiency and, possibly, incur large repair expenditures. Therefore, woodwind instruments should not be subjected to rain and sleet.
   2. Brass Instruments: The functioning of brass instruments is not adversely affected by rain or sleet, except for those with upward facing bells (ie. Euphonium and tuba) where bells may accumulate sufficient water and cause gurgling. There can be repair costs associated with prolonged/frequent exposure to rain as the water can accumulate underneath soldering points and lacquer. Even though the effects on the instrument may be minimal, excess water on the player’s embouchure (lips) will affect range and performance ability.
   3. Percussion Instruments: Parade percussion most often consists of Bass drum, side drum (snare) and cymbals. In P&D bands, tenor drums are also considered a part of the section. Wet weather conditions may be partially counteracted by the use of all-weather heads or plastic covers. Residual water on the heads of drums will adversely affect the sound and timbre. Cymbals are least affected however cannot perform without Bass and Side drums.
   4. Bagpipes: Precipitation may render drone reeds inoperative and cause hemped joints to swell. Wet weather conditions create difficulties in reed and tuning adjustments and cause splitting of wooden joints and surrounding mounts.
4. Snow: The effects of snow on instruments will be in relation to the temperature. When snow melts on contact, the conditions outlined for rain and sleet will apply. Heavy snow could block the tubing of those instruments with upright bells, causing a muffled sound. The most important issue in the event of snow is the cold temperatures that accompany it.
5. Cold: Woodwind and brass instruments are continually heated by the warm air being blown into them. While this heat raises the temperature inside the instrument and, to a much lesser degree, the temperature of the surrounding air, the presence of wind will disperse such heat and reduce its beneficial effect in the amount proportionate to the velocity of the wind. Furthermore, the performance of a piece of music may require periods of silence by one or more instrumental sections. During these periods of inactivity, and during the interval between pieces, all heat will be dispersed, at which time the moisture blown into the instrument, and condensed on pads and valves, will freeze and render the instrument inoperative. If wind-chill is excessive, the heat of the breath may be insufficient to overcome the wind chill, and the instrument will freeze while being played. The danger area is outlined in figure 1. Other factors to be taken into consideration during cold periods are as follows:
   1. Woodwind Instruments: The contraction of metal, because of cold, causes precision-built instruments to function improperly, particularly if they are new. Oil or grease on moving parts will congeal, impeding movement. Condensation build up can freeze pads and keys. Because most woodwind instruments are made from wood, they can crack in cold weather rendering them non-serviceable and requiring high costs for repair or, in some cases, replacement. These factors also have an adverse effect on musical performance.
   2. Brass Instruments: Because of the nature of their construction and method of playing, brass instruments are the first to be affected by low temperatures. Furthermore, the brass instruments that form the basic musical quartet are most susceptible. When the warm air of the breath is blown through brass instruments in low temperatures, the moveable parts of the instruments (such as valves and slides) can become inoperable due to the moisture from the breath freezing within the instrument. Once this occurs, the instrument remains non-functional until it can be placed in a warm environment. Bugles without valves are not affected by cold.
   3. Percussion Instruments: Excessive cold causes drum heads to become brittle, making them susceptible to breakage. However, the danger area involves temperatures that would render playing impossible because of wind chill.
   4. Bagpipes: Prior to performances, it is essential that bagpipes be played for a short period of time for the purposes of warm-up, tuning, and reed adjustment. The warm-up deposits moisture in the drones and chanter. Exposure of the instrument to freezing temperatures while in a moistened condition may cause splitting of wooden joints and surrounding mounts, and the reeds to freeze and become inoperable.

The Player

6. Temperature: Muscular efficiency of the wrists, hands, and fingers is reduced as the temperature of the flesh is reduced. Players of all woodwind instruments, except saxophones, are unable to perform while wearing gloves unless the fingertips of the gloves have been removed. The hands of saxophone and brass players are in continuous contact with metal, causing considerable heat loss through absorption, even when wearing gloves. The playing of a snare drum requires considerable dexterity in the hand and wrists. Therefore, temperature has a direct effect on the ability of musicians to perform (i.e. the lower the temperature, the lower the musical standard). Similarly, the ability to control facial muscles is reduced as the temperature is lowered. Because the playing of all woodwind and brass instruments requires a high degree of control over the muscles of the mouth and jaw, the quality of the music produced will deteriorate with colder temperatures. Injury to the lips will occur, if, at below-freezing temperatures, the mouthpieces of brass instruments are not warmed before playing. The bagpiper is required to have full feeling in their fingertips. Loss of feeling due to cold temperatures will detrimentally affect the ability to properly cover the note holes and perform adequately.
7. Wind chill: The temperature of exposed flesh is lowered by dispersal of body heat in the same way that instrument temperature was reduced. The effects of wind chill on exposed flesh are outlined in figure 1.
8. Heat: High temperatures can also affect the efficiency of a musician and/or instruments.

   Players should:

   1. remain well hydrated prior to engagements in extreme heat;
   2. ensure they follow public health measures to protect their skin from UV;
   3. ensure they are aware of their unit policy for feeling unwell on parade and follow protocol in the event they are not able to complete the parade; and
   4. be aware of how hot weather may affect the tuning of their instrument and adjust accordingly.
9. Counteractive Measures: If musicians must perform under adverse conditions, they should be permitted to move wrists, fingers, face muscles, slides, valves, and keys, keep mouthpieces of instruments in their hands, and blow into their instruments even though the rest of the parade is motionless.
   1. When instruments must be played in freezing temperatures, the following action is necessary:
      1. ensure that all moisture, particularly on valves and trombone slides, is removed before proceeding outside, mouthpieces and keys;
      2. ensure that only oils and greases of low viscosity are employed; and
      3. permit improvisation of methods of heating and retaining the heat in valves, mouthpieces, keys, hands, facial muscles, even though the appearance may lack in military deportment.
   2. These additional measures can be considered in coordination with parade commanders on case by case basis:
      1. allow performers and instruments to remain in a warm room until the last possible moment; and
      2. permit the wearing of gabardines and gloves and even Yukon hat, even if it means that the band is in a different order of dress than the parade contingent, would greatly improve the musical capabilities and success of the event.

Exposure Time

10. When estimating the effect of cold weather conditions, the total time that a band will be exposed to these conditions must be taken into consideration. The danger areas illustrated below in figure 1 have been based on an exposure of one hour. Therefore, the incidence of personnel and instrumental failures will be reduced as the duration of exposure is reduced. Exposure must be considered in relation to the severity of the cold weather conditions and the importance of the event.

Figure 1: Wind Velocity

Based on an exposure of one hour’s duration



Figure 1: Metric system

Wind Velocity (meters per second per degree Celsius (m/s ℃) )

Wind velocity based on an exposure of one hour’s duration

Metres per sec (m/s)	0	2.2	4.5	6.7	8.9	11.2
Personnel failures ℃	-1.5	0	1	2.2	2.5	4.4
Instrument failures ℃	-3.2	-1	-0.5	0	0.2	0.3

Figure 1: Imperial system

Wind Velocity (miles per hour per degree Fahrenheit (mph ℉) )

Wind velocity based on an exposure of one hour’s duration

Miles per hour (mph)	0	5	10	15	20	25
Personnel failures ℉	29	32	34	36	38	39
Instrument failures ℉	27	30	31	32	33	33

Section 3: Copyright and Music Reproduction Rights

General Copyright

1. This section delineates copyright laws and how they apply to CAF bands. In addition to any regulations, all bands can refer to the departmental “Copyright Guideline on the Reproduction of Musical Works for the Canadian Armed Forces Bands” (Annex A) for further clarification on the application of copyright laws.
2. Bands are encouraged to consult with the CAF Music Policy Advisor and / or Directorate Materiel Policy and Procedures (DMPP) 8, if they have questions about intellectual property.

Copyright

3. A musical work contains four main types of copyright, namely:
   1. the copyright in the music;
   2. the copyright in the lyrics;
   3. the copyright in the sound recording of the musical work; and
   4. the copyright in a performer’s performance.
4. The rights most pertinent to the daily operations of CAF bands include the right to:
   1. reproduce sheet music;
   2. make an arrangement of a musical work;
   3. perform a musical work;
   4. record a live performance of a CAF band;
   5. mechanically reproduce a musical work performed by a CAF band (i.e. make a CD);
   6. “webcast” via the Internet or another digital device;
   7. “stream” via the Internet; and
   8. synchronize a musical work with a film, television program or other audio-visual production.
5. For most work in Canada, the term of the copyright is the life of the author, the remainder of the calendar year in which the author dies, and fifty years thereafter. Therefore, the date of the author’s death must be known in order to determine the expiry date of the copyright subsisting in a work. If unknown, assume that copyright subsists in the work and acquire permission from the owner. Copyright in work of joint authorship exists for the life of the author who dies last, the remainder of the calendar year in which the author dies, plus fifty years.
6. Moral rights are protected under the Copyright Act and are aimed at protecting the personality or reputation of an author or performer. The author of a work has, subject to section 28.2 of the Copyright Act, the right to integrity of the work and, in connection with an act as mentioned in section 3, the right, where reasonable in the circumstances, to be associated with the work as its author by name or under pseudonym and the right to remain anonymous. The author’s or performer’s right to the integrity of a work or performers performance is infringed only if the work or the performance is, to the prejudice of its author’s or performer’s honour or reputation:
   1. distorted, mutilated or otherwise modified; and
   2. used in association with a product, service, cause or institution.
7. Moral rights cannot be assigned or licensed (i.e. cannot be transferred), but they can be waived in whole or in part. For the purpose of CAF band operations, a waiver of moral rights is likely unnecessary, unless the proposed use of the work would potentially infringe one of the moral rights described above. For example, a waiver should be considered if extensive modifications of the work are anticipated, or in cases when the Crown is purchasing the copyright in the work.
8. The Crown occupies a unique position in the Copyright Act in relation to copyright protected works. More specifically, when a work is prepared or published by or under the direction or control of His Majesty or any government department, the Crown owns the work, in the absence any agreement to the contrary. Therefore, copyright in a work created by a DND employee or CAF member in the course of employment belongs to the Crown. Crown ownership may also arise when a work is created by a contractor and the contract is silent on copyright ownership.
9. All copyright, appropriate license and permissions must be obtained prior to performance, recording, or arranging of a musical work.

Reproducing Sheet Music

10. Printed music is protected by copyright law. Should reproduction of sheet music be necessary (i.e. photocopies), permission from the copyright holder is required.
    1. If the musical work is under Public Domain or Crown Copyright, permission is not required, and
    2. The Crown, through Public Services and Procurement Canada (PSPC), currently has a license agreement with Access Copyright and Copibec. Under the Access/ Copibec Agreement, DND has limited reproduction rights to print music from books/periodicals found in the Access Copyright and Copibec repertoires. It should be noted that at this time, the rights granted to DND are limited to print-to-print. Refer to Annex 1 and 2(a) of “Copyright Guideline on the Reproduction of Musical Works for the Canadian Armed Forces Bands”

Creating Musical Works

11. The DND/CAF will accept or adopt musical works only if:
    1. the musician received written direction from their chain of command to compose such works by the musical work for the music branch;
    2. the musician composed the work during the course of their employment i.e. during normal work using tools provided by the department; and
    3. the musician agrees, at the time the creation of the musical work is assigned, to execute a section 12 acknowledgement upon completion of the musical work which recognizes the Crown’s ownership of their musical composition and waives the moral rights associated with it.

Arranging a Musical Work

12. Individuals desiring to create band arrangements of copyrighted music are required by law to contact the copyright owner (usually the publisher) and request written permission to use the copyrighted material. An arrangement is a derivative work which requires the permission of the author to produce. The arrangement may itself be protected by copyright but cannot be exploited without a license from the copyright owner of the underlying work.
13. The request should state the desired use of the arrangement (e.g. for bands within the Canadian Armed Forces), emphasizing that it will not be performed for profit, and that such arrangement will not be sold, loaned, or otherwise offered for use by any other musical organization. See Annex 2(c) of “Copyright Guideline on the Reproduction of Musical Works for the Canadian Armed Forces Bands”, for more information.

Live Performance Reporting

14. SOCAN grants the Canadian Armed Forces bands of the Department of National Defence, a non-exclusive license authorizing in Canada performance by the Canadian Armed Forces bands of the Musical Works to: support Canadian Armed Forces operations at government and military concerts, parades, ceremonies and dinner/dances; enhance public awareness of the Canadian Armed Forces; or foster morale & esprit de corps. See below for interpretation of terms contained in the license:
    1. “Musical Works” means those musical works contained in SOCAN' s repertoire, that is the musical works to which SOCAN owns or administers the performing rights in Canada;
    2. “file” means a digital file of a sound recording of a Musical Work performed by a Canadian Armed Forces band and includes a music video.
    3. “music video” means an audiovisual representation of a Musical Work.
    4. “a DND virtual platform” means a website managed and operated by the Department of National Defence.
    5. “on-demand stream” means the transmission of a file that is intended to be copied onto an end user storage medium or device only to the extent required to allow listening to or viewing the file at substantially the same time as when the file is transmitted.
    6. “non-interactive webcast” means the streaming of a real-time performance of a Canadian Forces band of a Musical Work via an Internet based DND virtual platform to a device, that is intended to be reproduced onto the device only to the extent required to allow viewing the performance at substantially the same time as when the performance is communicated, and where the end users exercise no control over either the content, or the timing of the transmission, of the file.
    7. “communication to the public by telecommunication by means of a DND virtual platform” means:
       1. the on-demand, free of charge streaming from a DND virtual platform of a file by an end user; or
       2. a non-interactive webcast.
    8. “Performance by the Canadian Armed Forces bands” means:
       1. the live public performance by a Canadian Armed Forces band within Canada of a Musical Work; or
       2. the communication to the public by telecommunication by means of a DND virtual platform for on demand streaming or non-interactive webcasting.
15. The performance by the Canadian Armed Forces bands of the Department of National Defence referred to in para 14 does not include:
    1. the public performance or communication to the public by telecommunication of Musical Works for any other music uses;
    2. the public performance or communication to the public by telecommunication of Musical Works at events for which a third -party promoter has engaged the Canadian Armed Forces or Department of National Defence or any of their staff as part of any spectacle or presentation;
    3. the public performances or communication to the public by telecommunication of Musical Works that take place on the premises of the Canadian Armed Forces or in Canadian Forces' rooms or halls that have been rented, leased or loaned to a third party; or
    4. any on-demand stream or non-interactive webcast of a file from a DND virtual platform that is offered to an end user on a for-fee transactional or subscription basis.
16. Performing rights royalties are distributed by SOCAN. Reports should be made after every performance and filed with SOCAN regularly. Musical works owned by the Crown may be reported but will not result in royalty payments. Electronic forms for submission to SOCAN are available by request from DHH 7. Reports will contain the following information:
    1. name of the unit performing (not the small ensemble name);
    2. date of the concert;
    3. location of the performance (for online, state “Online – DND platform”, there is no need to report performances that are distributed on Facebook or YouTube as SOCAN has agreements with those organizations);
    4. title of works performed (works that form part of a compilation book are to be reported individually unless the entire book is attached to the report); and
    5. composer and arranger of each work performed.

Recorded Live Performance / Licensing of Crown Copyright

17. Third parties recording CAF Band performance must request copyright licenses. Part 4 of “Copyright Guideline on the Reproduction of Musical Works for the Canadian Armed Forces Bands” deals with the licensing of Crown copyrights by detailing the processes that third parties must follow to acquire commercial or non-commercial licenses to use Crown copyrights.
    1. This is pertinent in situations where CAF bands participate in civilian organized tattoos and / or military music festivals and the organisers seek to record the performances of CAF bands with the intent of releasing the recording. In such cases, the band’s director or chain of command should advise the festival’s or tattoo organization’s management that they must first request consent from the Crown by contacting the Directorate Materiel Policy and Procedures (DMPP) 8 or Public Services and Procurement Canada (PSPC).
    2. A royalty fee will normally be charged if these recordings will be sold for profit and if the anticipated gross annual revenue is over $10,000.
18. CAF band activities are public activities. Any proceeds generated from public activities (including royalties generated from the licensing of Crown copyright) must be deposited to the Consolidated Revenue Fund, and cannot, without specific authority, be directed anywhere else (for example, they cannot be directed to a unit non-public fund). Normally, the funds are deposited to general ledger 13995 (miscellaneous revenue), Fund L102 (local revenue), and the unit’s cost or fund centre. Units should consult with their local Comptroller staff in order to ascertain the local mechanism for making deposits to the Consolidated Revenue Fund.
19. DHH 7 and DMPP 8 must first be consulted if a third party wants to reproduce copies of CAF band recordings or play the recording in public or online. Applications for permission can be submitted to the following: Apply for Crown copyright permission.

Recording Music for Distribution

20. Since all recordings made by CAF bands are created to represent the CAF, the musical quality must be of the highest possible standard. These recordings are de facto milestones in the history of the CAF Music Branch and mark the evolution of Canadian music. These musical creations denote the present and become artefacts that remain forever.
21. As per DAOD 5041-0, Canadian Forces Music, DHH must be consulted for the release of any CAF band recordings for public distribution. The Supervisor of Music must be consulted early in the planning stage when considering creating a DVD or CD recording of music for distribution. Applications for producing a CAF band recording for public distribution must be sent through the chain of command to DHH – Supervisor of Music.
22. The consultation process will include how the recording will be funded and distributed. Please contact DHH 7 (Music) for more information and advice regarding all recording issues.

Licenses Required for Recording

23. The Canadian Musical Reproduction Rights Agency Ltd. (CMRRA) is the main collective agency dealing with mechanical rights licenses in Canada. Bands must request and pay for mechanical reproduction rights before recording. The financial costs of securing mechanical reproduction rights will depend on several factors, such as whether the selections are in the public domain, the author, the publisher, the duration of the selection and the number of produced copies.
24. Bands are responsible to secure all appropriate licenses and permissions prior to recording.
    1. Check CMRRA’s database and CAF contracts/library files to determine ownership. Works not found in the CMRRA database may still be accessible through CMRRA’s contacts. If in doubt, email CMRRA directly.
    2. Contact CAF-contracted composers and arrangers to confirm use of their music (CAF or external). Check wording in original contracts. Emphasize that projects are non-profit and no royalties will result from distribution.
    3. Include and indicate works owned by the Crown on CMRRA application for the sake of transparency.
25. The folder or case of the recording must contain the copyright symbol (©) and the phrase “all rights reserved”.
26. Canadian law provides that copyright automatically exists on a completed work, whether or not it is registered with the Canadian Intellectual Copyright Office.

Post Recording/Production

27. Before a DVD or CD recording of a CAF band is pressed (e.g. before multiple copies are created), the DVD or CD master must be sent to DHH 7 (Music) for consultation.
28. Commanding Officers must send two copies of the finished recording to the National Archives in Ottawa in a timely manner.
29. CDs recorded by CAF bands can be:
    1. given away as promotional items, but ADM (PA) must be consulted prior to such distribution to ensure the activity in question complies with federal government policy, including the Communications Policy.

Broadcast and Synchronization Rights

30. Bands must refer to the departmental “Copyright Guideline Developed for the Supervisor of Music on the Reproduction of Musical Work for the Canadian Forces Band Operations” for guidance on copyright and musical work. The guideline is available on the Intellectual Property Community of Practice on the Mat KNet at: guidance on copyright and musical work (accessible only on the DWAN).

Resource and Copyright Management

31. Maintaining a music library is vital to achieve the Branch mission. The careful selection and diligent safeguard of music publications is particularly important to bands because of the increasing cost of music. Many early band arrangements stored in libraries are no longer in print. All library materials should be maintained with the same care and attention as official records and publications.
32. Bands are also responsible for properly managing the copyrights for which they hold custody by keeping an inventory of those rights and ensuring that the terms of copyright licenses are conformed to.
33. Directors of Music must ensure that all activities respect copyright laws, including, for example, obtaining prior approval from individuals and institutional copyright owners to reproduce music texts or to arrange copyrighted music.
34. The DND/CAF needs to obtain permission from the owner of the copyright to reproduce, produce, adapt or record a copyright protected musical work. In a similar fashion, third parties need to obtain permission from the Crown to exercise the copyright in Crown copyright protected works. DMPP 8 is the departmental IP licensing authority for IP created by or licensed to the DND/CAF (excluding IP generated or licensed by or to the Defence Research and Development Canada (DRDC) or ADM(S&T). Any 3rd party seeking Crown Copyright or IP licensing should be directed to them.