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SX Revised Proposed Rates and Terms

SX Revised Proposed Rates and Terms

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Published by concerned-citizen
Proposed webcasting rates from SoundExchange who represents record labels for 2011-2015. These proposed rates are more than double what Pandora currently pays.
Proposed webcasting rates from SoundExchange who represents record labels for 2011-2015. These proposed rates are more than double what Pandora currently pays.

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Published by: concerned-citizen on Jun 11, 2010
Copyright:Attribution Non-commercial

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12/07/2011

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Before the
UNITED STATES COPYRIGHT ROYALTY JUDGES
Washington, D.C.
In the Matter of:
Digital Performance Right in SoundRecordings and Ephemeral Recordings
Docket No. 2009-1
CRB Web
casting II
REVISED PROPOSED RATES AND TERMS OF SOUNDEXCHANGE, INC.
Pursuant to Section 351.4(b)(3) of
the Copyright Royalty Judges' Rules and Procedures,37 C.F.R. § 351.4(b)(3), SoundExchange, Inc. ("SoundExchange") proposes the rates and termsset forth herein for eligible nonsubscription transmissions and transmissions made by a newsubscription service other than a service as defined in 37 C.F.R. § 383.2(h) (collectively,
"Web
cast Transmissions"), together with the making of ephemeral recordings necessary tofacilitate Webcast Transmissions, under the statutory licenses set forth in 17 U.S.c. § 112(e) and114 during the period January 1, 2011 through December 31, 2015.Pursuant to 37 C.F.R. § 351.4(b )(3), SoundExchange reserves the right to revise itsproposed rates and terms at any time during the proceeding up to, and including, the filing of its
proposed findings of fact and conclusions oflaw.
I. Proposed Settlements
On June 1,2009, SoundExchange and the National Association of
Broadcasters ("NAB")
submitted a Joint Motion to Adopt Partial Settlement requesting that the Copyright Royalty
Judges adopt certain rates and terms for "Broadcast Retransmissions" and "BroadcasterWebcasts," as defined therein. On August 13,2009, SoundExchange and College Broadcasters,Inc. ("CBI") submitted a Joint Motion to Adopt Partial Settement requesting that the Copyright
Royalty Judges adopt certain rates and terms for eligible nonsubscription transmissions made by
 
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
below.
A. Commercial Web
casters
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
casters
as defined in 37 C.F.R. § 380.2(d), in addition to the minimum fee, SoundExchange requests
royalty rates as follows:
2
 
Year
Rate Per Performance
2011
$0.0021
2012$0.0023
2013
$0.0025
2014$0.0027
2015
$0.0029
B.
Noncommercial Web
casters
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 noncommercial web
casters (as defined in 37 C.F.R. § 380.2(h)) pay an annual,
nonrefundable minimum fee of $500.00 for each calendar year or part of a calendar year ofthelicense period during which they are licensees, for each individual channel and each individualstation (including a side channel maintained by a broadcaster that is a licensee, if not covered bySoundExchange's proposed settlement with CBI). For each licensee, the annual minimum feedescribed in this paragraph shall constitute the minimum fees due under both 17 U.S.c.
§§ 112(e)(4) and 114(f)(2)(B).
2. Per Performance Rates
For Webcast Transmissions and related ephemeral recordings by noncommercial
web
casters as defined in 37 C.F.R. § 380.2(h), SoundExchange requests that if, in any month, anoncommercial webcaster makes total transmissions in excess of 159,140 aggregate tuning hours(as defined in 37 C.F.R. § 380.2(a)) on any individual channel or station, the noncommercial
web
caster shall pay additional fees for the transmissions it makes on that channel or station in
excess of 159,140 aggregate tuning hours at the following rates:
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