Pre-existing Digital Audio Radio Service

Rate Tables

Pre-existing Digital Audio Radio Service

Eligible Services
Terms
Rates
Reporting and Recordkeeping Requirements
Opting In
Compliance

1Eligible Services

This rate structure exists under the original statute, and is intended to include digital audio services which transmit audio recordings by satellite, and who completed their first transmission on or before July 30, 1998 (37 CFR § 382 subpart B).
Currently, the only service meeting these terms is SIRIUS-XM Digital Radio. Other services are not permitted to opt in to these terms.
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2Terms

Services covered by these terms will pay royalties to SoundExchange on a percentage of revenue basis.
Services will be required to supply regular census reporting in accordance with regulations.
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3Rates

Services covered by these terms will pay royalties to SoundExchange on a percentage of revenue basis.
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4Reporting and Recordkeeping Requirements

Services governed by these terms must provide reports of use in accordance with regulations, including census reporting (actual recordings played and total listenership) within 45 days of the end of the relevant month. These requirements enable SoundExchange to most accurately process royalty payments to artists and copyright holders.

5Opting In

Services are not permitted to opt in to these terms.
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6Compliance

Services governed by these terms must provide all minimum fees, monthly statements of account and payments, and reports of use to SoundExchange as required by law.
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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.

Non-waiver of Rights

SoundExchange does not make determinations as to whether each of the many services that rely on the statutory licenses under Sections 112 and 114 of the Copyright Act is eligible for statutory licensing, nor does it continuously verify that such services are in full compliance with all applicable requirements. Accordingly, SoundExchange’s acceptance of a service’s payment does not express or imply any acknowledgment that a service isor has been eligible to make use of the statutory licenses or in compliance with the requirements of the statutory licenses. By accepting payment, SoundExchange is not waiving any claims, including but not limited to claims that the service is ineligible for or non-compliant with the statutory license, that payment is partial or incomplete, or that payment is based on a miscalculation of royalties owed. The failure to submit compliant payments or statements of account on time may subject a service to late fees. Moreover, the failure to comply with the terms of the statutory license may expose a service to significant risk of liability for copyright infringement.

*Please note that the statutory license administered by SoundExchange only covers the public performance of the sound recording (i.e., “master” recording) in digital audio transmissions. You must also acquire a license for the public performance of the underlying musical work (i.e. composition and lyrics) as well. The musical work can be licensed through ASCAP, BMI, and/or SESAC. Please contact these performing rights organizations to obtain licenses for the musical work.

For more information on the difference between the sound recording copyright and the musical work copyright, please review our Licensing 101 page.

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