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BES – What do I do each month
These forms are for those “business establishment services” (services digitally transmitting performances of copyrighted sound recordings to a business establishment for use in the ordinary course of its business) paying under the rates and terms described in 37 C.F.R. 384.
RATES:
10% of year to date Gross Proceeds, calculated and paid monthly, deducted from annual minimum fee of $10,000 (due January 31 of each year). Any unrecouped annual minimum fee money does not carry into the next calendar year.
•BUSINESS ESTABLISHMENT SERVICE MINIMUM FEE STATEMENT OF ACCOUNT FORM: (Excel) NOTE: If a licensee begins operations on or after February 1, 2011, please use instead the 2011 monthly liability form to submit the 2011 minimum fee.
•BUSINESS ESTABLISHMENT SERVICE 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.
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 $10,000 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 and complete both forms.
(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 each month, via FTP or via e-mail to reports@soundexchange.com.
Questions? l&e@soundexchange.com
