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Whether we like it or not, all stations that webcast copyrighted music must pay royalties to the copyright owners.

There are multiple copyrights that apply. To keep it simple, CBI offers the following and welcomes questions concerning the details.

Paying the writers...

ASCAP, BMI and SESAC represent the vast majority of those who compose the music we hear. The composers are due a copyright fee when their works are performed on your station, regardless of whether it is webcast, broadcast or used in some other manner.

The Good news is that most school's already posess a license to cover these fees and the station incurs no fiscal liability. The two exceptions to this are for broadcast stations. College broadcast stations must also pay ASCAP and SESAC a broadcast fee, while the BMI license include this fee in its 'blanket' license. Fortunately, most schools foot this bill as a part of the blanket license.

The good news is that ALL THREE have agreed to include webcasting fees in the schools 'blanket' license. In almost all cases, that means your webcasting activities do not cost anyone any more $$$$ with respect to the writers!

Congress has passed laws that require stations that webcast to pay royalties for the "Sound Recordings". This means that the performers of the musical compositions and those that hold the rights to their recordings (read the record labels) need to be compensated when you webcast their music.

The rates and terms associated with the use of the sound recording have been highly debated for a number of years. Due to the inability to reach a settlement on the rates and terms with ALL webcasters, Congress passed legislation that allowed small entities to negotiate a deal separate from the larger entities. As a result, CBI and others were able to reach a settlement which put the cost for most stations at $275 per year (colleges with more than 10,000 enrolled pay $525 in 2004).

The forms needed to calculate and pay the SoundExchange webcasting fees are now available at the SoundExchange website. For your convenience, we are providing links below.

• The deadline to pay SoundExchange the station's annual minimum streaming fees for 2005 is January 31, 2005 (unless you start streaming later in the year)
• SoundExchange has posted a new forms to pay fees, even though the fees have not changed. Please use the form provided by this link, (most schools) if you only webcast one channel of content (multiple bit rates and formats do not constitute additional channels).
• Use this LINK if you stream multiple channels that contain different content.
• Remember that SE will not send you an invoice and you are required to pay these fees in almost all circumstances.
• 2004 forms below for reference.
• 2004 Monthly SOA (Word Version) for Noncommercial Educational Entity (College Radio) Transmitting a Single Channel
• 2004 Monthly SOA (Word Version) for Noncommercial Educational Entity (College Radio) Transmitting Multiple Channels

If you are just starting your webcast, you will need to complete three forms.

• The "opt-in" form
• The initial notice form
• The appropriate SOA (see above).

• Here is a pdf document that discusses the copyright issues involved with streaming.
• This pdf document, discusses how to set up a stream.
• It's hard to get a lot of attention for your streams with out a web page. This paper (pdf) offers information and great tips concerning website design from an award winning designer!

The three documents above were prepared by Joel Willer for CBI. Joel is an Assistant Professor of Mass Communications at the University of Louisiana at Monroe and General Manager of KXUL(FM).

- CBI