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Looking for the Copyright Royalty Board’s 2011-2015 rates?

December 17th

On December 14, 2010, the Copyright Royalty Board released its initial determination of the 2011-2015 rates and terms for commercial and noncommercial webcasters. Read all about it, straight from the source.

BROADCASTER/SMALL BROADCASTERS

Services that are “Broadcasters” (generally, commercial FCC-licensed AM/FM stations that are simulcasting on the internet) have rates and terms that mirror the rates and terms enacted pursuant to the Webcaster Settlement Act on March 3, 2009.  For 2011-2015, those services pay an upfront annual minimum fee of $500 per station or channel (not to exceed $50,000). The minimum fee is nonrefundable, and is credited toward broadcasters’ monthly liability.  The royalty rate for broadcasters was set at a “per performance” rate as follows:

2011: $0.0017 (per performance)
2012: $0.0020
2013: $0.0022
2014: $0.0023
2015: $0.0025

Furthermore, services that stream less than 27,777 aggregate tuning hours annually may elect to be “Small Broadcasters,” and not supply the monthly reports of use that are required of Broadcasters.  (Both Broadcasters and Small Broadcasters must still submit monthly statements of account and, if applicable, any payments indicated.)  This reporting waiver requires the timely submission of a Notice of Election and a $100 proxy fee per station or channel.

For more information about the Broadcaster and Small Broadcaster regulations, please see our Broadcaster/Small Broadcaster Rate Page

COMMERCIAL WEBCASTERS

The CRB also adopted rates for “commercial webcasters” other than “broadcasters” and “small broadcasters.”

Like broadcasters, commercial webcasters (that are not Broadcasters or Small Broadcasters) pay an non-refundable, recoupable annual minimum fee of $500 per station or channel (not to exceed $50,000). The royalty rates for “commercial webcasters” are as follows:

2011: $0.0019 (per performance)
2012: $0.0021
2013: $0.0021
2014: $0.0023
2015: $0.0023

NONCOMMERCIAL EDUCATIONAL WEBCASTERS

Services that are “Noncommercial Educational Webcasters” (generally, student-run radio stations at accredited educational institutions which are either simulcasting an AM/FM signal or operating an internet-only radio station) have rates and terms that mirror the regulations enacted pursuant to the Webcaster Settlement Act on August 12, 2009.  For 2011-2015, those services pay a minimum annual fee of $500 per station or channel.  If the station or channel streams less than 159,140 aggregate tuning hours in a single month, then there is no additional royalty obligation.  If the station or channel does exceed this threshold, the rates for that excess liability are:

2011: $0.0017 (per performance)
2012: $0.0020
2013: $0.0022
2014: $0.0023
2015: $0.0025

Furthermore, services that stream less than 55,000 aggregate tuning hours in any given month may elect to not supply the quarterly (or, in some cases, monthly) reports of use that are required.  This reporting waiver requires the timely submission of a Notice of Election and a $100 proxy fee per station or channel.

For more information about the Noncommercial Educational Webcaster regulations, please see our NonCommercial Educational Webcaster Rate Page.  

NONCOMMERCIAL WEBCASTERS

Services that are noncommercial webcasters (and not “Noncommercial Educational Webcasters”) pay a minimum annual fee of $500 per station or channel.  If the station or channel streams less than 159,140 aggregate tuning hours in a single month, then there is no additional royalty obligation.  If the station or channel does exceed this threshold, the rates for that excess liability are:

2011: $0.0019 (per performance)
2012: $0.0021
2013: $0.0021
2014: $0.0023
2015: $0.0023

Finally, please remember that the CRB’s rates do NOT replace the rates and terms adopted pursuant to the Webcaster Settlement Act.  Many of those rates apply through 2015 as well; you can read more about those rates and terms on our “How Do I Pay?” page, or walk through the rates and terms of each agreement.

 

Please continue to visit our website as more detailed information is added concerning these new rates and terms, including the “How Do I Pay” page for any applicable 2011 statement of account forms. For more information, please read the actual initial determination of the 2011-2015 rates and terms (the rates themselves being on page 84), which can be downloaded by clicking this link: (PDF). As always, please feel free to contact us with any additional questions. Direct emails to L&E (at) SOUNDEXCHANGE (dot)COM