Broadcaster/Small Broadcaster

1Eligible Services

First, ensure your service is eligible to operate under the statutory license. Begin by reviewing the U.S. Copyright Act, 17 U.S.C., §§ 112 and 114 to familiarize yourself with the applicable requirements that would govern your service. For more information about statutory licensing, please review the Licensing 101 section on our website.

Under these rates and terms, an eligible service is defined as any commercial webcaster who has a “substantial business owning and operating one or more terrestrial AM or FM radio stations”. These rates were negotiated by SoundExchange and the National Association of Broadcasters, but additional eligible services may opt-in.

Additional accommodations are made for eligible ‘Small Broadcasters’ – any applicable broadcaster who 1) has less than 27,777 aggregate tuning hours (total listening hours) per year for ANY of its broadcast simulcast stations or channels; and/or 2) has less than 27,777 ATH for ALL of its Internet-only channels in aggregate.

Back to top

2Terms

View all rates and terms in the Federal Register. Services who elect these rates and termswill pay a special per-performance rate for each track played. An annual minimum fee of $500 per station or channel is required, which is applied against the service’s total annual liability. Annual minimum fees are capped at $50,000. Service providers operating under these terms must comply with all reporting requirements of these terms. For more information about reporting and payment requirements, see “How Do I Pay”.

Back to top

3Rates

Year Rate
2006 $0.0008
2007 $0.0011
2008 $0.0014
2009 $0.0015
2010 $0.0016
2011 $0.0017
2012 $0.0020
2013 $0.0022
2014 $0.0023
2015 $0.0025

Back to top

4Reporting and Recordkeeping Requirements

For all electing broadcasters (except ‘small broadcasters’) census reporting (a report of every sound recording performed) is required on a monthly basis, to be provided to SoundExchange within 45 days of the last day of that month. Limited ATH reporting will be permissible for 2009-2015, provided it comprises no more than a small percentage of total hours of programming (to accommodate syndicated programming).
Accommodations for ‘Small Broadcasters’, as defined above, include an annual $100 proxy fee in lieu of reporting requirements for the entire term.

Back to top

5Opting In

Services wishing to operate under these rates and terms must file a Notice of Election for Broadcaster/Simulcasters. Broadcasters in existence prior to April 2, 2009, were required to elect by that date. New broadcasters must elect within 30 days of launch. Election is binding for the duration of the term (2006-2015) . Small broadcasters must file the Broadcaster Notice of Election once, and the additional Small Broadcaster Notice of Election annually.  Forms and details are available on the “How Do I Pay” page.

Eligible webcasters wishing operate under this set of terms must provide notice to the Copyright Royalty Board of your intent operate under the statutory license by submitting a Notice of Use of Sound Recordings Under Statutory License (“Notice of Use”). This form must be submitted directly to the copyright office, not to SoundExchange, and need only be filed once. The Notice of Use must be accompanied by a $25 filing fee and should be submitted to the Copyright Royalty Board at the address listed on the form. Please note that the Copyright Royalty Board WILL NOT confirm receipt of form and fee. If you wish to receive confirmation of receipt, you will need to send via certified mail, return receipt requested.

Back to top

6Compliance

Services which have elected to operate under this set of terms must provide all minimum fees, monthly statements of account and payments, and reports of use to SoundExchange as required . For guidelines and forms, see “How Do I Pay?”
Back to top
 
SoundExchange does not dispense legal advice. We strongly encourage anyone with questions about their eligibility or compliance under statutory regulations to seek the advice of a qualified attorney. This information is provided for convenience, and is not intended as a substitute for official terms printed in the Federal Register. In the event of conflicting information, information in the Federal Register is authoritative.