Copyright Royalty Board Announces Music Recordkeeping and Reporting Requirements for Internet Streaming
The Copyright Royalty Board (CRB) has just announced the required recordkeeping format for Internet webcasters streaming on the Internet. The full text of the decision can be found at http://www.loc.gov/crb/fedreg/2006/71fr59010-9.html
Basically, the requirements set forth by the CRB obligate those streaming their signals on the Internet must keep track of the music that they play for at least two weeks of every quarter, and report that music to SoundExchange in an ASCII format. The CRB found that an ASCII formatted report could be generated by Excel or Quattro Pro spread sheets. The Board's decision also sets forth specifics as to format, headers and other details of the reported information.
SoundExchange had previously prepared model reports for recordkeeping using Excel and has been ordered by the CRB to develop one for Quattro Pro. The Excel model will presumably be modified to come into line with the CRB's decision. A copy of SoundExchange's model can be found at http://www.soundexchange.com/licensee/licensee_cws.html#reporting
Services have been required to keep information about the music that they play since an interim Order issued by the Copyright Office in April 2004. The new Order from the CRB contemplates that the information that has been retained by Internet services be provided using this newly mandated format.
Information to be reported includes the following:
(1) The featured artist;
(2) The sound recording title;
(3) The International Standard Recording Code (ISRC) or, alternatively to the ISRC, the
(4) Album title; and
(5) Marketing label;
(6) The actual total performances of the sound recording during the reporting period or, alternatively, the Aggregate Tuning Hours;
(7) Channel or program name; and
(8) Play frequency.
Small webcasters paying royalties under the Small Webcaster Settlement Act have always been required to provide a full census of the songs being played, in detail even greater than that required of other webcasters. Presumably, the format of those reports will need to be that now required for other webcasters. SoundExchange has also provided a model report for Small Webcaster, which again will most likely be revised pursuant to the CRB order. That model can be found at http://www.soundexchange.com/licensee/documents/swsa_nr_specs.pdf
This only affects US streamers.
"Small webcasters paying royalties under the Small Webcaster Settlement Act have always been required to provide a full census of the songs being played, in detail even greater than that required of other webcasters."
This is not true of non-commercial entities which signed the settlement pursuant to the SWSA.
MOre importantly, notice that the "if available at time of performance" portion is no longer in place, which presents a problem for current recordings where there is either no ISRC or no reasonable means of reading the ISRC and the marketing label information is not provided or readily distinguishable and this is even more troubling for singles (not part of an album).
The comments are correct - the census reporting requirements apply only to commercial Small Webcasters. Non-commercial entities who pay royalties under the Small Webcaster Settlement Act have been able to pay an extra fee and avoid all reporting requirements.
And these reporting requirements, as well as the royalty requirements that we've reported on before, apply only to streaming in the US. Other countries have their own royalty and reporting obligations.