[grc] Reporting requirements for streaming stations
Leo Babeu
lepat at lakenet.com
Tue Oct 13 15:28:10 PDT 2015
Thanks Lupito:
That's great to see that Henry is following this conversation, or that
he's helping you with the info about Microcaster status with Sound
Exchange. Our station's dilemma is not with Sound Exchange-we do already
pay the reporting waiver to that entity. Our dilemma is with the digital
licensing division of BMI, which previously had no known reporting
routine (at least as of conferences I attended within the past 6
months). The BMI noncommercial "website" agreement is requiring 24/7/365
music play reporting, which is a serious obligation to encumber on
microcasting entities like small LPFM's.
I'd love to hear from any LPFM that has negotiated successfully over
BMI's new reporting requirement.
Leo Babeu
Two Harbors Community Radio
On 10/13/2015 5:14 PM, Lupito Flores wrote:
>
> This is from the horse's mouth:
>
> "If you are a noncommercial entity with low annual listenership,
> accruing fewer than 44,000 aggregate tuning hours annually, which is
> approximately 12 listeners each listening for 10 hours per day then
> you would be able to apply for the NC-MICRO category that I mentioned
> in our previous conversation. The NC-MICRO category has the option to
> submit that extra $100.00 reporting waiver as long as you fit within
> the requirements.
>
> Please review the information I previously sent.
>
> Thanks!
>
> Best,
>
> Henry
>
> Henry French | License Management Specialist, Licensee Relations |
> SoundExchange, Inc. |
>
> 733 10th Street, NW | 10th Floor | Washington, DC 20001 |
>
> P: 202.696.1825 | F: 202.640.5883 | hfrench at soundexchange.com
> <mailto:hfrench at soundexchange.com>
>
> *_AND THIS_*
>
> The Noncommercial Microcaster category is intended for low annual
> listenership, accruing fewer than 44,000 aggregate tuning hours
> annually, which is approximately 12 listeners each listening for 10
> hours per day. Full rates and terms are described in 74 Fed. Reg.
> 40614, 40624 Appendix D (Aug. 12, 2009). The Noncommercial Microcaster
> owes a $500 fee with the option of submitting a $100 reporting waiver.
> Through this, the Noncommercial Microcaster category is able to waive
> the requirements to submit monthly reports of use. The Noncommercial
> Microcaster is really intended for even smaller webcasters who are at
> “hobbyist” level service. Noncommercial Microcasters must not exceed
> 44,000 aggregate tuning hours (“ATH”) in annual listenership during
> the previous calendar year, and must reasonably expect to not exceed
> that same threshold within the applicable calendar year.
>
> The NC-MICRO category has to deliver the minimum fee SOA within 30
> days after they begin streaming. In addition, upon election,
> Microcasters are required to operate within the category for all
> eligible statutory licensing activity through the end of the
> applicable year.
>
> 2015 Noncommercial Microcaster Minimum Fee SOA:
> http://www.soundexchange.com/wp-content/uploads/2014/12/2015-NCMICRO-Minimum-11-12-14.pdf
>
>
> The first step, however, is to make sure that you have submitted the
> Notice of Use (plus $40, if filing new) to the Copyright Royalty Board
> (this is not annual; only required once) – available on our website.
> All services operating under statutory licensing must file a Notice of
> Use form with the Copyright Royalty Board before beginning operation.
> If you have not already done so, please send a check or money order
> along with the form to the Copyright Royalty Board directly.
>
> Copyright Royalty Board
>
> P.O. Box 70977
>
> Washington DC, 20024-0977
>
> Third party vendors do exist that can help you with your reporting
> obligations. Please note that SoundExchange does not endorse any
> particular aggregator or service. Should any third party vendor fail
> to meet its obligation son your service’s behalf – your service remain
> ultimately responsible for its compliance with the terms of the
> statutory license.
>
> This is not a comprehensive list of such vendor, nor have we assessed
> the effectiveness of any vendors’ products or services. We cannot
> authoritatively state that any of the following vendors’ products or
> services will suit your nees, but we understand that the following
> vendors offer services to webcasters, including reporting solutions:
>
> • Abacast – Provides platform and reporting
>
> • Triton Digital – Provides platform and reporting
>
> • Backbone – Caters to non-profits, allow portable radio stations
>
> • MusicMaster – Music-scheduling technology and provides reporting
>
> • PowerGold – Music-scheduling technology and provides reporting
>
> • Radioactivity – Provides platform and reporting
>
> • Spacial Audio – Music-scheduling technology and provides reporting
>
> • Spinitron – Caters to non-profits, provides reporting
>
> • Surfer Network – Caters to mid and small markets, provides
> platform and reporting
>
> • First Streaming – Provides platform and reporting
>
> Here is a little step-by-step reference guide:
>
> 1. Submit the Notice of Use to the Copyright Royalty Board.
>
> 2. Submit the Minimum Fee SOA (signed, with payment) within
> given time frame – address listed in form.
>
> For more information about SoundExchange, please visit:
> http://www.soundexchange.com/about/general-faq/
>
> If you have any questions about the above rates and terms, feel free
> to contact me again at the number below. I hope everything works out!
>
> Best Regards,
>
> Henry
>
> Henry French | License Management Specialist, Licensee Relations |
> SoundExchange, Inc. |
>
> 733 10th Street, NW | 10th Floor | Washington, DC 20001 |
>
> P: 202.696.1825 | F: 202.640.5883 | hfrench at soundexchange.com
> <mailto:hfrench at soundexchange.com>
>
> -----Original Message-----
> From: grc-bounces at maillist.peak.org
> [mailto:grc-bounces at maillist.peak.org] On Behalf Of Will Floyd
> Sent: Tuesday, October 13, 2015 2:57 PM
> To: Leo Babeu
> Cc: grc list
> Subject: Re: [grc] Reporting requirements for streaming stations
>
> I agree Leo.
>
> For SoundExchange, I recommend paying the extra $100 to them to avoid
> the reporting requirement. SoundExchange requires a very specific
> format for their reporting which takes a great deal of time to achieve
> unless you run everything on automation and have detailed and clean
> meta data associated with your audio files. If you have many volunteer
> DJs it can become cumbersome to collect and format song data. Even
> good play logging software won't necessarily save you.
>
> BMI says they only require artist, title and play count, and they
> don't specify format so that may be a little easier. When I talked to
> a BMI rep about the reporting requirements for web licensing they
> seemed at least somewhat flexible. I would recommend pushing them to
> see what they will do to accommodate you.
>
> "BMI does not waive reporting requirements for smaller webcasters.
> Music Usage Reporting is how BMI is able to appropriately pay
> royalties to our affiliates based on their actual plays. Without music
> usage reports we cannot correctly allocate your licensing fees. If you
> have no way whatsoever to report, please follow up with me and we can
> work out a solution for your service. We only require artist, title,
> and number of plays for our music usage reporting, so not too many
> metrics."
>
> On Tue, Oct 13, 2015 at 5:22 PM, Leo Babeu <lepat at lakenet.com
> <mailto:lepat at lakenet.com>> wrote:
>
> > Otis: I'd love to get on board your program, but folks need to
>
> > comprehend that without paid staff and a good metadata logging
>
> > system, you can't easily provide either real time playlists to
>
> > listeners or report metadata to PRO's 24/7, without an enormous burden
>
> > on our micro station's already overworked and stressed staff. I dig
>
> > paying artists, and I'm starting to think that if BMI's dictatorial
>
> > oversight is the best way of getting them paid, we all have a serious
>
> > problem. In our micro-station world, we appear to have few options.
>
> > Remember this is our stream use BMI's overreaching on, where we
> often have 0,1,2,on a big day- 6, concurrent listeners.
>
> > Leo
>
> > KTWH-LP
>
> > On 10/13/2015 10:06 AM, Otis Maclay wrote:
>
> >
>
> >> just a point:
>
> >>
>
> >> music listeners want playlists. if you do playlists (like using the
>
> >> confessor) you can report anyway.
>
> >> and a point about reporting: artists actually get a check. when you
>
> >> report, your giving the artists money. different from PRO's which
>
> >> give the writer money, not the performer (unless the performer is
> the writer).
>
> >>
>
> >> reporting: gives money to deserving individual and provides playlist
>
> >> for listener.
>
> >>
>
> >> O.
>
> >>
>
> >> --------------------------
>
> >> Why not give veterans a monthly stipend when they walk in the door,..
>
> >> THEN figure out how much they're supposed to get?
>
> >>
>
> >> On Tue, Oct 13, 2015 at 9:16 AM, Donna Dibianco <
>
> >> communityradiogoddess at yahoo.com
> <mailto:communityradiogoddess at yahoo.com>
>
> >> <mailto:communityradiogoddess at yahoo.com>>
>
> >> wrote:
>
> >>
>
> >> Hi Leo, Usually ASCAP, BMI, SESAC, and Sound Exchange take a
>
> >> "snapshot" of your broadcast year. They will send a notice asking
>
> >> your to report for a week's worth of broadcast. It's not as
>
> >> ominous as most think, especially if you are using an automation
>
> >> system that logs the details like Artist Name, Song title, Album
>
> >> and Record label.
>
> >> Donna DiBiancoStation Start-up Specialist
>
> >> 503-960-1068 <tel:503-960-1068>
>
> >> http://grc2015.net/
>
> >>
>
> >> www.linkedin.com/pub/donna-dibianco
> <http://www.linkedin.com/pub/donna-dibianco>
>
> >> <http://www.linkedin.com/pub/donna-dibianco>
>
> >> www.facebook.com/communityradiogoddess
> <http://www.facebook.com/communityradiogoddess>
>
> >> <http://www.facebook.com/communityradiogoddess>
>
> >>
>
> >>
>
> >>
>
> >> On Monday, October 12, 2015 10:22 PM, Leo Babeu
>
> >> <lepat at lakenet.com <mailto:lepat at lakenet.com
> <mailto:lepat at lakenet.com%20%3cmailto:lepat at lakenet.com>>> wrote:
>
> >>
>
> >>
>
> >> We at KTWH-LP would like to know if other LPFM's and very small
>
> >> noncommercial webcasting radio stations have avoided the
>
> >> requirement to
>
> >> report music used to Sound Exchange by paying the $100 waiver of
>
> >> reporting, only to have BMI's digital licensing arm insist on
>
> >> reports of
>
> >> music use for every minute of the broadcast year? If there is a
> method
>
> >> to avoid this onerous reporting requirement (they are demanding
>
> >> it, and
>
> >> are insisting we sign an 11 page agreement that doesn't look quite
>
> >> right
>
> >> for a streaming LPFM), we at Two Harbors Community Radio (THCR)
> would
>
> >> love to hear how it's done.
>
> >> Thanks,
>
> >> Leo Babeu
>
> >> THCR
>
> >> KTWH-LP
>
> >>
>
> >> ---
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> >
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> --
>
> Will Floyd
>
> Technical Director | Prometheus Radio Project will at prometheusradio.org
> <mailto:will at prometheusradio.org> | 215.727.9620 x524
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