Commercial Webcaster (WSA)

This is an alternate category for services which are not owned or operated by an entity also owning or operating an FCC-licensed AM or FM station, as described at 74 Fed. Reg. 40614 Appendix A (Aug. 12, 2009).

2016 – 2020

This category is not part of the 2016-2020 webcasting rates and terms. Applicable services may wish to operate in 2016 as a Commercial Webcaster (CRB).

1) Notice of Election.

  1. Due Date: Services must elect within 30 days after their initial streaming date. Services may notify SoundExchange of their election via e-mail to licenseerelations@soundexchange.com, provided that they submit their minimum fee Statement of Account in a timely manner.
  2. Binding Nature of Election: Services, upon election, are required to operate within the category for all eligible statutory licensing activity through 2015.

2) Eligibility Requirements:

Commercial Webcasters (WSA) must not be:

  1. a “broadcaster
  2. a “noncommercial” service.

3) Minimum Fees and Minimum Fee SOA:

  1. Amount: $500, per station or channel, not to exceed $50,000 (if a service has more than 100 stations or channels). All payments must be accompanied by a signed and completed minimum fee Statement of Account.
  2. Recuperability of Minimum Fee: The minimum fee is credited against monthly liability accrued within the same calendar year. Services do not submit additional payment for that year until they have exceeded the minimum fee.
  3. Due date: Annual, on or before January 31. New services beginning streaming on or after February 1 are required to pay minimum fees within 45 days after the end of the month in which streaming first occurs.

4) Liability Rate, Payment, and Monthly SOA:

  1. Rate:
    1. 2009: $0.0016 per performance
    2. 2010: $0.0017 per performance
    3. 2011: $0.0018 per performance
    4. 2012: $0.0020 per performance
    5. 2013: $0.0021 per performance
    6. 2014: $0.0022 per performance
    7. 2015: $0.0024 per performance
  2. Payment and Monthly SOA. Services must submit a Statement of Account each month, calculating the liability owed for that month, within 45 days after the end of that month, accompanied by any payment indicated on the form (if any). Statements of Account must be certified with a handwritten signature.
    1. If no payment is owed, Statements of Account may be submitted via e-mail as a PDF to royaltyadministration@soundexchange.com, or via fax to 202.640.5883.
    2. If payment is owed, the Statement of Account (accompanied by payment) should be mailed, if using regular mail to SoundExchange, Inc, P.O. Box 75202, Baltimore, MD 21275-5202. If you are using overnight delivery send to: Lockbox Services 75202 Wells Fargo Bank 7175 Columbia Gateway Drive Attn: SoundExchange, Inc., Lockbox 75202 Columbia, MD. Tel.: 1-800-289-3557.
    3. Payment must be in the form of a check, money order, or direct bank wire (or ACH payment). For assistance in delivering money via bank wire, please contact SoundExchange at 202.640.5858 or e-mail us at royaltyadministration@soundexchange.com.

5) Reports of Use. Services are required to submit Reports of Use (i.e. the “playlists”) as described in 37 CFR 370.4.

  1. Frequency of Submission. Monthly, within 45 days after the end of each month.
  2. Content. Reports of Use must contain a complete census of all sound recordings accruing performance liability within the month.
  3. Identifying Information. Each track listing must include the following:
    1. Name of Track as listed on the recording
    2. Name of Artist as listed on the recording
    3. ISRC as listed on the recording, or if unavailable, the combination of both the album name and the marketing label as listed on the recording
    4. Audience Measurement. Each track must have associated with it the amount of “actual total performances” accrued by the track within the month.

6) Format and Delivery Specifications. Reports of Use are required to be electronically submitted in one of the following ways:

  1. E-mail to reports@soundexchange.com. This method is preferred for all services if the Report of Use contains fewer than 200,000 lines.
  2. FTP. This method is preferred for services submitting Reports of Use containing greater than 200,000 lines. To request a login ID and a password, please e-mail ftp@soundexchange.com.
  3. CDR, DVD-R, or portable USB drive. If a service is unable to submit Reports of Use via e-mail or FTP, they may be delivered physically using the above media to SoundExchange, ATTN: Royalty Administration, 733 10th St., NW, 10th Floor, Washington, DC 20001.

7) Late Payments and Statements of Account

The late fee program is designed to catch all late payments, any statement of account or any report of use on a month to month basis. A Licensee is required to pay a late fee of 1.5% per month (0.75% for Business Establishment Services; increase to 1.0% effective January 1, 2014) for any payment and/or statements of account received by the collective after the due date. Late fees accrue from the due date of this payment, statement of account or report of use until payment and the related statement of account are received by the collective.

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