Plus ça change, plus c’est la même chose – If you’re a webcaster, you’ve got until February 2 to wrap up your annual SoundExchange homework. 

Sigh. Every year brings us another year closer to death. It sure feels that way as we do our Webcaster Wake-Up Call for 2015 – the last year for the rates and terms set in the Webcasting III decision. (The rates and terms that will govern for the next five-year term, i.e., 2016-2020, will be set by the Copyright Royalty Board in the Webcasting IV proceeding it cranked up last year and is still pending.)

Since these rates and terms have been in existence for almost five years, I’m running out of ways to cleverly remind those engaged in non-interactive webcasting about their filing and payment obligations because, well, nothing has changed.

But even if the underlying substance hasn’t changed, I can still spiff it up with a new presentation, one that might help readers navigate the SoundExchange trails a bit more easily. So as we say an early goodbye to Webcasting III (though we didn’t think so, we may yet miss you!) and look forward (or not) to whatever the CRB may do to us in Webcasting IV, here’s a chart that provides about as stripped down a reminder as you can get of the various SoundExchange options.

Before you test-drive the chart, though, keep a couple of things in mind:

  • My goal here is to give you a GENERAL IDEA of where you might fall and what your requirements might be. Please check with somebody knowledgeable (an attorney, for instance) regarding specific filing requirements if you have questions.
  • The Annual Minimum Fee Statements of Account and $ 500 per channel payments are due on February 2, 2015 (that’s 2 days later than usual because January 31, 2015 is a Saturday).
  • Most monthly or quarterly filings (Statements of Account or Playlist Reports of Use) are due 45 days after the end of the month or quarter to which they pertain. (See the table below or consult an attorney for the few exceptions).
  • Those electing the Small Broadcaster or Noncommercial Microcaster categories must not only use the particular Annual Minimum Fee Statement of Account Form but also send an email to SoundExchange to notify it of the election.
  • Noncommercial stations affiliated with NPR, CPB, PRI, PRE or the National Federation of Community Broadcasters have their own system and should contact Public Radio International for more information.
  • While the underlying rates and terms haven’t changed, SoundExchange has tweaked a few items in its user interface. Be on the lookout for a new “portal” filing system that may allow for electronic filing and payments. There’s also a database of International Sound Recording Codes (ISRC) to assist webcasters in completing Playlist Reports of Use accurately. (Note that the availability of that database suggests we should be on the lookout for greater enforcement in this area may be coming.) SoundExchange is looking for people interested in helping test out those new features. You can contact them directly if interested.

With those considerations in mind, here you go:

Kevin’s Handy Chart for SoundExchange FilingsWebcasting IV – 2015

SoundExchange Category

Who’s in the category?

What’s the Annual Minimum Fee for this category?

 

Does this Category Require a Monthly Statement of Account Due?

(If so, what’s the royalty rate?)

 

Does the Category Require a Playlist Report of Use Requirement?

(If so, how often?)

Commercial Broadcaster

Commercial webcasters who operate an FCC-licensed station

$ 500 per channel

(Due on 2/2/15)

YES

(Rate: $ 0.0025 per performance)

YES

Monthly

Small Broadcaster

Commercial webcasters who
(1) operate an FCC- licensed station AND (2) had fewer than 27,777 ATH in 2014 and expect the same in 2015

$ 500 per channel

(Due on 2/2/ 15, with separate email to SoundExchange required)

YES

(Rate: $ 0.0025 per performance)

YES

Monthly, BUT eligible for exemption from monthly filing upon payment of $ 100 “proxy fee”

Noncommercial Webcaster (CRB)

Government Entities or 501(c) tax exempt entities (or applicants)

$ 500 per channel

(Due on 2/2/15)

YES, but ONLY if there is “excess” usage above 159,140 ATH

(Rate: $ 0.0023 per performance )

YES

“Sample” filing of information for two periods of seven days each quarter, UNLESS webcaster exceeds
 $ 500 in royalties, at which point monthly filing is required

Noncommercial Webcaster (WSA)

Government Entities or 501(c) tax exempt entities (or applicants)

$ 500 per channel

(Due on 2/2/15)

YES, whether or not

159,140 ATH are exceeded

(Rate: $ 0.0023 per performance
BUT any excess usage is charged at
$ 0.00083 per performance )

YES

“Sample” filing of information for two periods of seven days each quarter, UNLESS webcaster exceeds a monthly average of 159,140 ATH in the prior year, at which point monthly filing is required

Noncommercial Microcaster

Government Entities or 501(c) tax exempt entities (or applicants) who had fewer than 44,000 ATH in 2014 AND expect the same in 2015

$ 500 per channel

(Due on 2/2/ 15,

with separate email to SoundExchange required)

NO

YES

Monthly, BUT eligible for exemption from monthly filing upon payment of $ 100 “proxy fee”

Noncommercial Educational Webcaster

Government Entities or 501(c) tax exempt entities (or applicants) affiliated with an accredited educational institution and whose webcasting operations are substantially staffed by students

$ 500 per channel, due on 2/2/ 15

Only required if there is “excess” usage above 159,140 ATH, with payment at $ 0.0025 per performance

“Sample” filing of information for two periods of seven days each quarter (which can be filed all at once by January 31 of the next year) , unless:

1. webcaster exceeded  159,140 ATH in more than one month in previous year , at which point “census” filing of information about all songs is required (though these can be filed quarterly in groups of three)
or

2. Webcaster has below 55,000 ATH at which point it can be exempted upon payment of $ 100 “proxy fee”