26-0101 - Purchase of Canadian Music Data on Copyrights

1. Advance Contract Award Notice (ACAN)
An ACAN is a public notice indicating that a department or agency intends to award a contract for goods, services, or construction to a pre-identified supplier. This notice allows other suppliers to express their interest by submitting a statement of capabilities. If no supplier meets the ACAN requirements by the stated closing date, the contracting officer may proceed with the pre-identified supplier.
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2. Background
The Canadian Radio-television and Telecommunications Commission (CRTC) requires a supplier to provide information on copyrights for the enrichment of its musical database. The data and metadata purchased from the Contractor is essential in enhancing existing data for which information is incomplete or insufficient in its current state to classify as Canadian content. It is meant to be integrated seamlessly within a data management tool procured from a third-party Contractor allowing CRTC staff to handle, validate, and certify high volumes of Canadian content using data and metadata on an ongoing basis. On a larger scale, this data will be used to determine the Canadian status of each selection, which will be shared to the public through open data, as well as used by the CRTC’s radio monitoring team to perform better and more accurate monitoring of the Canadian musical landscape.
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3. Scope of Work
The CRTC is looking for data (lyricists and composers copyrights splits, ISWC, and IPI) on specific musical titles that have been pre-selected with the purpose to enrich said titles with metadata that will ensure the capacity to determine whether these aforementioned titles qualify as Canadian content, or not. This data is property of the Contractor but should be provided along templates and a format agreed upon by both parties in order to ensure it meets the needs of the recipient.
The task is to be completed electronically in an online environment, between the offices of the Contractor and the CRTC, and through the data specialists and analysts of each organization. Communications will be conducted via email and videoconferencing as required. Data transfers will occur over a secured channel to be determined.
The data to be enriched and the delivery of the final product by the Contractor will be conducted on a quarterly basis along agreed upon deadlines. Requests for data will always be provided by select CRTC staff acting as point of contact.
The currently scheduled deliveries plan for approximately 35 000 titles to be enriched over a 3-year period. However, up to 50 000 up-to-date individual music selections could be purchased.
4. Objectives
The CRTC is developing a database with the goal of making information public on the Canadian content status of musical selections to be aired in Canada. This database will enable broadcasters to validate their selection of music to be broadcast and achieve their regulatory obligations. In order to accomplish this, the CRTC requires specific, accurate and authoritative data and metadata in order to enrich the existing data, and will require, as well, to acquire data going forward for new musical selections.
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5. Criteria for Assessment of the Statement of Capabilities
Interested suppliers must demonstrate that their solution meets the following minimum requirements:
1) 5 years of experience in the management of copyrights of lyricists and composers for Canadian musical titles.
2) Able to provide International Standard Works Code (ISWC) data.
3) Able to provide Interested Party Information (IPI) data.
4) Able to provide the copyrights splits for lyricists and composers, which allows the identification of a Canadian status for the M and L criteria of the MAPL policy.
5) Able to perform the task and communicate with CRTC staff in French and/or English.
6) Able to customize the delivery output to suit the needs of the CRTC and the third-party Contractor handling the data enrichment process.
7) Able to provide data on titles currently known to the Commission and those that will be launched by artists over the duration of the contract. ________________________________________
6. Deliverables
Metadata on the rights split of the lyricists and composers of musical works provided by the CRTC. Metadata should include ISWC codes and IPI codes.
Able to deliver data at the following pace:
a) Within 6 months of contract signature date: at least 10,000 titles
b) Within month 6 to 9 of contract signature date: at least 3,000 titles
c) Within month 9 to 12 of contract signature date: at least 3,000 titles
d) Each remaining quarter until end of contract: at least 2,000 titles.
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7. Benefits to CRTC
Combined with other data points, this contract would complete the data needed to determine the Canadian status of songs based on the MAPL system, allowing the CRTC to launch its Canadian music database. The database will allow broadcasters to verify their data and ensure they play Canadian content according to their conditions of service, allow for better artists discoverability and allow for easier and more accurate monitoring of compliance by the CRTC.
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8. Applicability of Trade Agreements
This procurement is subject to the following trade agreements:
• Canadian Free Trade Agreement (CFTA)
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9. Justification for the Pre-Identified Supplier
To the best of our knowledge and following our research, SOCAN is the Supplier with the best and the most information on Canadian songwriters and their related metadata, as they are the recognized as the main rights management organization in Canada for songwriters.
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10. Government Contracts Regulations Exemption(s)
This procurement invokes an exemption under the Government Contracts Regulations on the basis that only one company is capable of performing the work.
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11. Ownership of Intellectual Property
1) Ownership of Contract Data:
All data, metadata, and related information generated, compiled, or acquired by the Supplier during the performance of this Contract (the "Contract Data") shall remain the sole and exclusive property of the Supplier.
2) License Grant:
Upon completion of the Contract and subject to full payment under its terms, the Supplier hereby grants the Government a perpetual, irrevocable, royalty free, non transferable, non exclusive license to use, reproduce, modify, and store the Contract Data for internal purposes only, including analysis, research, and archival purposes. This license shall not include any right to commercially sell, distribute, or otherwise exploit the Contract Data.
3) Restrictions on Government Use:
The Government shall not, directly or indirectly, market, sell, lease, or otherwise transfer the Contract Data or any derivative works thereof to any third party without the prior written consent of the Supplier.
4) Reservation of Rights:
Except for the rights expressly granted herein, the Supplier retains all rights, title, and interest in and to the Contract Data and any related intellectual property, including the right to commercially exploit the Contract Data in any manner it deems appropriate.
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12. Period of the Proposed Contract
The proposed contract is for a period of three years, from August 11, 2025, to August 10, 2030, including 2 individual option years to be agreed upon by both parties.
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13. Cost Estimate of the Proposed Contract
The estimated value of the contract, including options, is $95,000 (GST/HST excluded). This includes 60,000$ for the first 3 years, and 17,500$ for each option year.
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14. Name and Address of the Pre-Identified Supplier
SOCAN, 41 Valleybrook Drive, Toronto, ON M3B 2S6
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15. Suppliers’ Right to Submit a Statement of Capabilities
Bidders may submit a statement of capabilities demonstrating how they meet the requirements outlined in this notice. Submissions must be received in writing by the contact provided below.