Reporting Requirements (“Reports of Use”, or “RoUs”)
What reporting information do I need to supply to SoundExchange if I’m operating under the statutory license?
(NOTE: Please do not confuse the information on this page with the requirements for submitting statements of account, which are forms that allow services to self-calculate their liability, and must be submitted to SoundExchange on a regular basis, in addition to reports of use. For more information on statements of account (“SoAs”), please visit the “How Do I Pay” page.
Recordkeeping requirements have been established by the Copyright Office through (1) a notice and comment rulemaking on October 13, 2009 (see 37 CFR 370), as well as through (2) various alternative requirements as described in the rates and terms of applicable licensing categories. For more information, please refer to the informational links for each category, found on the “How Do I Pay” page.
Generally, a statutory licensee must provide the following information on a monthly basis to SoundExchange in order to identify which tracks have been used under such licensing:
1. name of the service making transmissions (including call letters if relevant)
2. Identification of the transmission category from one of eleven choices
3. International Standard Recording Code (“ISRC”), or (if the ISRC is unavailable) the combination of both
a. the album name
b. marketing label
Additionally, most services have to provide audience measurement of the use of these tracks, reporting the actual total performances accrued by each track. Often called, “per play, per listener,” a performance is each instance in which any portion of a sound recording is transmitted to a unique listener. So, by way of example, if 100 listeners receive any portion of a single transmission of a sound recording, that transmission accrued 100 performances.
Some services (including some services with small listenership and some noncommercial services) may report on a per track basis, in lieu of actual total performances, a combination of (1) aggregate tuning hours (“ATH”), sometimes called, “total listening hours,” (2) the program or channel name, and (3) the play frequency (i.e., “spins”) of the track. Furthermore, some services have the ability to waive the requirement to provide reports of use the timely payment of a small fee. Again, please refer to your category’s specific requirements for more information: “How Do I Pay”.
Delivery Format and Specifications (Including Excel Templates)
These reports of use must be in a standardized, electronic format (ASCII), and may be delivered to SoundExchange via File Transfer Protocol (FTP); please request a login/password by e-mailing firstname.lastname@example.org . They may also be e-mailed as an attachment to email@example.com , as well as delivered on a CD-ROM or floppy diskette through standard mail or an overnight delivery service. Hard copy reports of use are not permitted.
As a courtesy, below are some Excel templates that services may use to assist in the creation of reports of use. If using the Excel template, please use the “macro” in the Excel template to export the actual report of use, and send that report of use to SoundExchange. (Do not send us the actual Excel template.)
As always, if you have questions regarding reports of use, please contact the Licensing and Enforcement department at firstname.lastname@example.org
Commercial Webcaster (CRB – default): Info / Excel Template
Commercial Webcaster (WSA): Info / Excel Template
Broadcaster (CRB): Info / Excel Template
Pureplay Webcaster (WSA): Info / Excel Template
Small Pureplay Webcaster (WSA): Info / Excel Template
Small Webcaster (WSA): Info / Excel Template
Noncommercial Webcaster (CRB – default): Info / Excel Template
Noncommercial Webcaster (WSA): Info / Excel Template
Noncommercial Educational Webcaster (CRB): Info / Excel Template
Business Establishment Service: Info / Excel Template
CABSAT (New Subscription Service – 37 CFR 383): Info / Excel Template