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BRD – What do I do each month
These forms are for services that are (1) defined as “Broadcasters” under the Broadcaster Rates and Terms pursuant to the Webcaster Settlement Act in accordance with 74 Fed. Reg. 9,293 (Mar. 3, 2009), beginning on page 9,299, or (2) defined as “Broadcasters” at 37 CFR 380 Subpart B. (See our website summary of the 2011-2015 rates and terms.) (If you are a Small Broadcaster, please visit the Small Broadcaster category instead.)
2012 RATE: $0.0020 per performance (per play, per listener; definition at 37 CFR 380.11). (Click here for more info on rates.)
2012 MINIMUM FEE: The lesser of $500 (per station/channel) or $50,000, due every January 31, recoupable toward monthly liability.
•BROADCASTER (CRB-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 liability form to submit the 2012 minimum fee. (This also applies to services that add additional stations/channels after 2/1.)
•BROADCASTER (CRB-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.
REPORTS OF USE: Due monthly, via electronic submission (FTP or e-mail). Standard requirements. Important exceptions for Broadcasters at Appendix B, Article 5.2 (beginning on page 9,301).
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.)
(2) 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 your first month’s statement of account form; see (3) below…). Do not forget to sign, complete and submit the statement of account.
(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