This is a last reminder that both commercial and noncommercial webcasters must file a $ 500 annual minimum royalty fee payment with SoundExchange, Inc. by January 31, 2009 for each channel being streamed.
The annual minimum royalty fee can be paid using forms available on the SoundExchange Inc. website. To access the correct minimum payment form (if the direct links to the forms provided below do not work):
- Access the website at http://www.soundexchange.com
- Select the “Download Forms” Option from the column on the right of the page
- Select “For Digital Music Services” from the four options which appear after selecting “Download Forms
- Choose the Relevant Form from the “2009” list:
a. Commercial Webcasters should click the preferred format under “2009 COMMERCIAL WEBCASTER/SIMULCASTER MINIMUM FEE STATEMENT OF ACCOUNT FORMS”:
Commercial Webcaster/Simulcaster – Statement of Account – Minimum Fee (Excel)
Commercial Webcaster/Simulcaster – Statement of Account – Minimum Fee (PDF)
b. Noncommercial Webcasters should click the preferred format under “2009 NONCOMMERCIAL WEBCASTER/SIMULCASTER MINIMUM FEE STATEMENT OF ACCOUNT FORMS”:
Noncommercial Webcaster/Simulcaster – Statement of Account – Minimum Fee (Excel)
Noncommercial Webcaster/Simulcaster – Statement of Account – Minimum Fee (PDF)
This $ 500 annual minimum payment acts as a deposit against the royalty fees incurred through all of 2009. In fact, the relevant Statement of Account form that must be filed within 45 days after each month for which it applies (for example: the January form is due by March 16, 2009) takes into account this $ 500 annual minimum payment by including a line on which the filer subtracts $ 500 from the overall amount calculated (each form after the first month provides for subtraction of all amounts previously paid). For noncommercial stations, of course, there will be no further payments (and no need to file any forms at all) for the rest of the year as long as the noncommercial webcaster does not exceed the maximum allowable limit of 159,140 aggregate tuning hours is exceeded in a given month. Should a noncommercial webcaster exceed that the monthly allowable minimum, it will use the form available below to pay the excess at the commercial webcaster rate, which is $ .0018 per listener per song for 2009.
These Statement of Account forms are available on SoundExchange’s website. To access the correct Statement of Account form (if the direct links to the forms provided below do not work):
- Access the website at http://www.soundexchange.com
- Select the “Download Forms” Option from the column on the right of the page
- Select “For Digital Music Services” from the four options which appear after selecting “Download Forms
- Choose the Relevant Form from the “2009” list:
a. Commercial Webcasters should click the preferred format under “2009 COMMERCIAL WEBCASTER/SIMULCASTER MONTHLY USAGE STATEMENT OF ACCOUNT FORMS”:
Commercial Webcaster/Simulcaster – Statement of Account – Monthly Usage (Excel)
Commercial Webcaster/Simulcaster – Statement of Account – Monthly Usage (PDF)
b. Noncommercial Webcasters should click the preferred format under “2009 NONCOMMERCIAL WEBCASTER/SIMULCASTER EXCESS USAGE STATEMENT OF ACCOUNT FORMS”:
Noncommercial Webcaster/Simulcaster – Statement of Account – Excess Usage (Excel)
Noncommercial Webcaster/Simulcaster – Statement of Account – Excess Usage (PDF)
Please remember that there is a 1.25 percent late fee for any missed deadlines. You should not hesitate to contact a Fletcher, Heald & Hildreth, P.L.C. attorney if you have any questions.
