noncommercial educational web
casters over the internet, as more specifically provided therein.
The Copyright Royalty Judges published both settlements for notice and comment pursuant to 17
U.S.C. § 801(b)(7)(A) and 37 C.F.R. § 351.2(b)(2) on April
1, 2010. 75 Fed. Reg. 16,377 (Apr.
1, 2010). SoundExchange requests that the Judges adopt these settlements as published, subjectto correction of the transcription errors in the CBI settlement that SoundExchange noted in itsComment Concerning Proposed Settlements, fied April 22, 2010.
II. Other Royalty Rates
For all Web
cast Transmissions and related ephemeral recordings not covered by itsproposed settlements with NAB and CBI, SoundExchange requests royalty rates as set forth
A. Commercial Web
1. Minimum Fee
Pursuant to 17 U.S.c. §§ 112(e)(3) and (4) and 114(f)(2)(A) and (B), SoundExchange
requests that all commercial web
casters (as defined in 37 C.F.R. § 380.2(d)) pay an annual,
nonrefundable minimum fee consistent with the Stipulation of SoundExchange, Inc. and
Live365, Inc. Regarding the Minimum Fee for Commercial Web
casters and the Royalty Payable
for the Making of
Ephemeral Recordings, filed May 14,2010.
2. Per Performance Rates
For Webcast Transmissions and related ephemeral recordings by commercial web
as defined in 37 C.F.R. § 380.2(d), in addition to the minimum fee, SoundExchange requests
royalty rates as follows: