CBI Webcasting Guide for Educational Stations

CBI realizes that the information below can be confusing. Please contact us with your questions. In the case the our volunteer board members do not have an immediate answer, we will be able to help you connect with someone who does. 

In order to webcast, either as a webcast-only station or as a simulcast webcast of your broadcast station, you need to comply with certain requirements:

1. File a “Notice of Use of Sound Recordings under Statutory License” form with the Copyright Royalty Board (“CRB”), along with a $50 filing fee.  This only needs to be done once.  (Hint: Eligible nonsubscription transmission service for item 6 a and b). If you are unsure if your station has already filed the notice and fee, you may check the Copyright Office web site.

2. Each year, you will need to pay SoundExchange the minimum annual fee that ranges from $550 to $750, depending on the year. [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”]The fee is due by January 31 of each year and it can be paid online at licensee direct. You may start webcasting at any time, but you must submit the appropriate form within 45 days from the end of the month in which you start webcasting.

3. Be aware of your options concerning recordkeeping and fees and then make the appropriate selection for your situation. Both rates and recordkeeping requirements will be a factor in your choice.  There are three basic choices available:     

A. Reporting Waiver – This option allows stations with a monthly aggregate tuning hours, or ATH,  of 80,000 or less (approximately 111 average concurrent listeners for the entire month) to pay a $100 annual fee in lieu of reporting any data. 
B.  Sample-Basis Reports – This requires stations with more than 80,000 monthly ATH and less than 159,140 monthly ATH to supply SoundExchange with sample reports of use for two consecutive weeks during each calendar quarter but do not need to report the ATH. Tese reports are due by January 31 of each year.  We recommend submitting them quarterly so you aren’t forced to create all reports right before the holidays and the end of the semester.
C.   Census-Basis Reports – Stations exceeding 159,140 monthly ATH must provide “census” reports. This means reporting every song played throughout the year, compiled as monthly reports that are submitted quarterly.  Reports are due no later than the 45th day after the end of each calendar quarter.  ATH data is not required to be submitted with the report of use; however, the station must use ATH in order to calculate the additional royalties owed.       

4.  Follow the reports of use rules as set forth by the regulations established by the Copyright Royalty Judges. For minimum fee only broadcasters (webcasters with an FCC licensed station), this means providing sample reports with ATH. For unlicensed stations, this means census reporting, including ADP data (the specific number of connections to your stream for any portion of each song played), regardless of audience size. There is no option to pay a proxy fee or file reports without audience data under the rules currently promulgated by the CRB for unlicensed stations. This “option” makes little sense for any station primarily staffed by students.

5.  Follow the reports of use rules as set forth by the regulations established by the Copyright Royalty Judges (“CRJs”).  For minimum-fee-only broadcasters (webcasters with an FCC licensed station), this means sample reports with ATH. For unlicensed stations, this means census reporting including ATP data (the actual specific number of connections to your stream for any portion of each song played), regardless of audience size. There is no option to pay a proxy fee or file reports without audience data under the rules currently promulgated by the CRB for unlicensed stations.  This “option” makes little sense for any station primarily staffed by students.

6. One of the requirements of webcasters is that they cannot exceed the “Sound Recording Performance Complement”, which means that in a three-hour period the station can transmit no more than: 1) three songs from one album or compact disc, if no more than two of these are played in a row; or 2) four songs by the same featured artist or from the same box set, if no more than three of these are played in a row.  You can read the law in detail here. 

7. The digital service must provide a text display for the receiving device, at the time the sound recording is performed, of the title of the sound recording, the album title, and the name of the featured recording artist. See our detailed page concerning this requirement.

8. Archived programming cannot be made available unless it meets certain requirements.  

Again, please consider this to be a summary. It is not intended to serve as legal advice. While CBI considers it a privilege and an obligation to help our member stations, we also recommend seeking advice from your institution’s recommended legal counsel as well as consulting with SoundExchange to make sure all requirements are being met.