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CW WSA – What do I do each month
These are for use by services that have elected to operate under the Commercial Webcaster Rates and Terms pursuant to the Webcaster Settlement Act in accordance with 74 Fed. Reg. 40,614 (Aug. 12, 2009), beginning on page 40,614.
In order to be eligible for Commercial Webcaster rates and terms, a licensee must have timely submitted a “one time” 2009-2015 Notice of Election for Commercial Webcasters.
2012 RATE: $0.0020 per performance (per play, per listener; definition on page 88). See here for more info on rates, beginning on page 40,614.
2012 MINIMUM FEE: The lesser of $500 (per station/channel) or $50,000, due every Janaury 31, recoupable toward monthly liability.
•COMMERCIAL WEBCASTER (WSA) MINIMUM FEE STATEMENT OF ACCOUNT FORM: (Excel) NOTE: If a licensee’s first transmissions are on or after February 1, 2012, please use instead the 2012 monthly form to submit the minimum fee. This includes any additional stations/channels on or after 2/1.
•COMMERCIAL WEBCASTER (WSA) MONTHLY LIABILITY SOA FORM: (Excel) These forms are due within 45 days of the end of each month, even if a service does not owe a payment for that month.
•2009-2015 COMMERCIAL WEBCASTER (WSA) NOTICE OF ELECTION FORM (PDF)
In order to operate as a Commercial Webcaster (WSA) for any period from 2009-2015, a Licensee must have submitted a fully completed and signed copy of this Notice of Election (1) within 30 days of when the Licensee began making digital audio transmissions, or (2) prior to August 27, 2009, whichever is later. It is a one time election, that “locks in” the Licensee for these rates for the entire term (should the Licensee operate under statutory licensing during the term).
REPORTS OF USE: Due monthly, via electronic submission (via FTP or e-mail). Standard requirements.
NOTICE OF USE: As a reminder, all services operating under statutory licensing must file a Notice of Use form with the Copyright Royalty Board before beginning operation (this only needs to be done once, if beginning on or after July 2004). If you have not already done so, or need to amend a previous submission, please send a check or money order for $25 along with this form to the Copyright Royalty board directly.
SO… TO REVIEW:
(1) Make sure that you have submitted the Notice of Use (plus $25, if filing new) to the Copyright Royalty Board. (This is not annual; it is only required once.)
(2a) Send the annual minimum fee of $500 (per station/channel) or $50,000 (whichever is less) prior to Janaury 31, 2012 (or, if starting on or after 2/1, with (a) your first month’s statement of account form.) Do not forget to sign, complete and submit the statement of account.
(2b) If beginning in 2012, submit the signed and completed 2009-2015 Notice of Election within 30 of first creating Eligible Transmissions. (Services are ineligible to select this category after 30 days of first creating Eligible Transmissions.)
(3) Send SoundExchange a signed and completed statement of account each month (within 45 days of the end of the month), accompanied by a payment if the form indicates one is owed. (If no payment is owed, a signed copy of the complete form may be e-mailed to royaltyadministration@soundexchange.com.)
(4) Send SoundExchange a report of use within 45 days of the end of each month, via FTP or via e-mail to reports@soundexchange.com.
Questions? l&e@soundexchange.com
