Noncommercial webcaster (wsa)

This is an alternate set of rates and terms for noncommercial webcasters offering exclusively nonsubscription transmissions.  The rates and terms are described in 74 Fed. Reg. 40614, 40624 Appendix D (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 Noncommercial Webcaster (CRB).

1) Eligibility Requirements: 

Noncommercial Webcasters (WSA) must:

  1. timely elect, and
  2. only create nonsubscription transmissions.

2) Notice of Election:

  1. Due Date. Services must initially elect (using the minimum fee Statement of Account) prior to January 31 during their initial year of streaming. New services beginning streaming on or after February 1 must initially elect within 30 days after they begin streaming. Notice may be sent via e-mail to licenseerelations@soundexchange.com, provided that a signed and completed minimum fee Statement of Account is timely submitted.
  2. Binding Nature of Election. Services, upon election, are required to operate within the category for all eligible statutory licensing activity through the end of the applicable year. Statutory licensing activity within subsequent calendar years (through 2015) is assumed to be within this category unless a timely submission of another eligible category is made.

3) Minimum Fees and Minimum Fee SOA:

  1. Amount: $500, per station or channel. 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 Statements of Account:

  1. Rate: Any listenership in excess of 159,140 aggregate tuning hours (“ATH”) monthly (per station or channel) has liability calculated at the below rates:
    1. 2006-2010: $0.0002176 per performance, or
      1. $0.0002 per ATH if substantially all of the programming is reasonably classified as news, talk, sports or business programming
      2. $0.00251 per ATH for all other programming
    2. 2011-2013: Services are allowed to estimate performances (if unable to measure actual total performances) assuming 12 performances per hour for music stations, and 1 performance per hour for non-music stations. The excess performances rates are as follows:
      1. 2011: $0.00057 per performance
      2. 2012: $0.00067 per performance
      3. 2013: $0.00073 per performance
    3. 2014-2015: Services are allowed to estimate performances as in 2011-2013, as long as they are not required to submit census-level Reports of Use. The excess performance rates are as follows:
      1. 2014: $0.00077 per performance
      2. 2015: $0.00083 per performance

5)    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.

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.

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.

6) Reports of Use:

  1. Census Reporting. Services which did not exceed a monthly average of 159,140 ATH in the previous calendar year have the following Reports of Use obligations:
    1. Frequency of Submission. Quarterly, within 45 days after the end of each calendar quarter.
    2. Content. Reports of Use must contain a sample consisting of all sound recordings accruing performance liability within any two seven-consecutive-day periods during the calendar quarter.
      1. 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 sample periods. Services unable to submit actual total performances must report for each track:
          1. The total ATH for the sample periods,
          2. The program or channel name on which the transmission occurred, and
          3. The play frequency (i.e. “spins”) that the track accrued during the sample periods.
  2. All Other Noncommercial Webcasters:
    1. Frequency of Submission. Quarterly, within 45 days after the end of each quarter.
    2. Content. Reports of Use must contain a complete census of all sound recordings accruing performance liability within the month.
      1. 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 census periods. Services unable to submit actual total performances must report for each track:
          1. The total ATH for the census periods,
          2. The program or channel name on which the transmission occurred, and
          3. The play frequency (i.e. “spins”) that the track accrued during the census periods.
        5. Reversion to Sample Reporting. If a service required to submit census-level reporting does not exceed a monthly average of 159,140 ATH during the applicable calendar year, it may revert back to the sample reporting obligations as described above.
  3. 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 Monthly SOA:

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.

Get more information about Reporting Requirements