Official Reporting Notification
Happy 2010 everyone! Let’s start off the year with some legal housekeeping.
As a condition of the Webcasting Performance Agreement between CPB and SoundExchange we are required to notify all entities covered by the agreement of the following:
As of January 1, 2011, Covered Entities must comply with the reporting requirements applicable to Web Site Performances under 37 C.F.R. Part 370 and other regulations, as well as comply with their other obligations under Sections 112 and 114 of the Copyright Act. Covered Entities should begin diligent efforts to prepare to do so in advance of January 1, 2011. A failure to comply with such reporting requirements may cause Web Site Performances on or after January 1, 2011 to infringe the copyright in any Sound Recordings performed.
We’ll be emailing this reminder to you covered stations in the next few days also.
Tags: CPB, SoundExchange
January 5th, 2010 at 3:49 pm
Question:
While I’d still like to read the 15 pages agreement that was referred to, can anyone please let me us know if anything significantly changes after January 1, 2011 for stations that are currently reporting to PI under the CPB agreement ?
Thanks!
January 6th, 2010 at 8:52 am
Nope – no significant changes after 1/1/2011.
January 21st, 2010 at 12:20 pm
Phil, please clarify. As of 1/1/2011, the CPB agreement specifies that we must comply with the statutory reporting requirements under 37 C.F.R. Part 370, which are more burdensome that allowed in the early years under the CPB agreement. Among the requirements of ยง 370.4(d)(3) is that services other than a nonsubscription service qualifying as a minimum fee broadcaster must provide year-round census reports, rather than the two-week-per-quarter reports. I don’t think the group buy through the CPB agreement would qualify as a “minimum fee broadcaster,” would it? If not, this would suggest that stations covered by the agreement will be all required to provide census reports.
January 21st, 2010 at 12:38 pm
Take two … I just went back to read earlier blog posts and came across “File Under ‘It Could Be Worse’” (http://blog.publicinteractive.com/soundexchange/2009/10/file-under-it-could-be-worse/), on October 21, 2009. In that article the statement is made that, “The good news for stations covered by the CPB-SX deal is that this decision does not apply to you and you get to keep doing sample reporting through the end of 2015.” The notice posted on January 4, 2010, stating that by January 1, 2011, covered stations must comply with 37 C.F.R. Part 370 seems to contradict that statement. Which is correct? Please cite the source of any opinion.
January 21st, 2010 at 3:36 pm
HI Joel,
The agreement between the CPB-SX that now runs through the end of 2015 is what takes precedence here, meaning that sample reporting is in effect through 2015.
I can help put you in contact with the appropriate folks at the CPB if you want further clarification. Email if that’s the case.