Non-commercial Educational Webcasters
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 regulations that would govern your service. For more information about statutory licensing, please review the Licensing 101 section on our website.
This agreement was negotiated with College Broadcasters, Incorporated in July of 2009, but others may opt in to these rates.
Under the agreed rates and terms, eligible services include any student-run noncommercial educational webcaster which is not affiliated with CPB/NPR.
View all rates and terms in the Federal Register (74 Fed., No. 145 Reg, August 12, 2009). Webcasters who opt into the agreed rates and terms will be required to pay a $500 annual minimum fee per channel or station for usage up to 159,140 aggregated tuning hours per channel or station annually. Any usage above that cap will accrue a “per performance” rate for each track played.
Services will be required to supply regular reporting in accordance with regulations. For more information about reporting and payment requirements, see “How Do I Pay”.
Microcasters (defined as services with less than 55,000 aggregate tuning hours per month) may pay an additional $100 proxy fee in lieu of providing reports of use.
For more information about reporting and payment requirements, see “How Do I Pay”.
For usage beyond the annual ATH cap, the following rates apply:
4Reporting and Recordkeeping Requirements
Services electing these rates and terms must provide reports of use in accordance with regulations.
Service channels with more than 159,140 ATH/month must provide 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.
Service channels with between 159,140 and 55,000 ATH/month must provide sample reporting of at least two weeks per quarter.
Services with less than 55,000 ATH/month may provide sample reporting of at least two weeks per quarter, or may choose to make an annual $100 “proxy fee” in lieu of submitting monthly census reporting.
Services must elect annually at the beginning of each year.
Eligible webcasters wishing join in these rates and terms must provide notice to the Copyright Royalty Board of your intent to file for 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 Royalty Board, 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. Additionally, you must file a Notice of Election form to notify SoundExchange of your choice.
Services which have opted in must provide all minimum fees, monthly statements of account and payments, and reports of use to SoundExchange as required by law. For guidelines and forms, see “How Do I Pay?”