SoundExchange Reporting Blog

I gave another webinar on SoundExchange reporting under the CPB-SX agreement this past Monday to the Public Radio Program Directors Association (PRPD). It was the best attended webinar yet (80+ people) and lots of questions were asked and (hopefully) answered. Thanks to Arthur Cohen for setting it up, MCing it and also recording the event.

Here are my slides from the presentation.

You can downloaded the video of the recording right here (Windows Media file).

I also did another webinar for NPR stations yesterday, the third of three. Here are the slides from that webinar, which are almost identical to those used for PRPD. That webinar, unfortunately, was not recorded.

I’ll be doing one more of these introductory webinars (whew!) for IMA member stations next Tuesday, 7/28, at 3:00pm ET – then that’s it!

Last Friday an excellent webinar was hosted by our friends at the National Federation of Community Broadcasters (NFCB), for whom I gave a webinar on SoundExchange reporting at the end of June. Last Friday’s webinar was organized to answer to lingering legal questions about what can and can’t be streamed under the SoundExchange license, and also on what needs to be reported to SoundExchange via Public Interactive. The panelists were John Crigler and Melodie Virtue, two lawyers who were involved in crafting the agreement between the CPB and SoundExchange.

John and Melodie provided some excellent information on some of the legal issues around streaming music, and more details on the agreement between the CPB and SX. They were able to provide a lot of information that I can’t, not being a lawyer. It is recommended viewing for all stations. Pass the word.

You can download the entire video of the webinar here (Windows Media format).

It’s worth time to check it out.

I gave a webinar about SoundExchange reporting to NPR stations this past Tuesday, which was well attended. Many questions were asked and answered. Thanks to all who participated and my apologies to those whose questions I didn’t have time to get to.

The slides from my presentation can be viewed here.

Also, an important clarification has been made to an FAQ about how long a song recording can be played before it has to be reported. After further consultation with the legal eagles here is our official answer from the revised FAQs:

Q: Is there a threshold length for how long we can play a sound recording before we have to report it?

A: There is no simple threshold length to determine whether a song/recording needs to be reported. In short, all recordings play should be reported. However, there is an exception for performances that are brief AND incidental to the other program content. “Brief” means playing any one recording for less than 30 seconds (as long as it isn’t played in its entirety). “Incidental” is much more vague, but generally refers to musical transitions, performances during news, talk and sports programming and background performances. Again, both conditions must be met to meet the exception; simply playing less than 30 seconds of a recording is not enough; it has to also be incidental or secondary to the main program content. This leaves lots of room for grey areas. When in doubt, report it. For further clarification or questions, refer to your own legal counsel.

Last Friday I gave a webinar about SoundExchange reporting through Public Interactive to stations that belong to the National Federation of Community Broadcasters (NFCB). I did a presentation and then we opened things up for Q&A. I was helped out in answering questions by Jeff Luchsinger, Director of Radio Systems Investment at the CPB, who helped craft the agreement between the CPB and SoundExchange.

You can see the slides from that presentation here.

It was a well attended event that sparked lots of good questions. One, in particular, that came up was the following:

Do we need to report live performances, i.e. the artist is playing live in the station’s studio?

The answer here is that since the performance is going out live from your studio and IF you get a valid release from the performers there would be no performance or recording royalty to pay in that case. Again, that is assuming you get a valid release signed by the artist!

There were also questions related to reporting on songs that are in the public domain. There is a quite a bit of fuzziness here, because while a song may be in the public domain in terms of publishing royalties, the recording of it may not be (i.e. a recent recording of an old standard). The recommended approach is to report all music you play and let SoundExchange sort out who (er, whom?), if anybody, is due a royalty.

Finally, there were multiple questions about On Demand archives and whether they are covered by the CPB-SX agreement. The answer depends on the format of the offerings. Podcasts and downloadable archives are not covered. Neither are archives which, while not downloadable, are interactive, meaning the user can restart/rewind/pause/fast forward the archive. Truly streamed archives (played on a loop, non-interactive, non-downloadable) are covered.

This is just the first of a series of such webinars for various station groupings so we can begin to share information on what the agreement between the CPB and SoundExchange means for stations, what Public Interactive’s role in SoundExchange reporting will be and what the next steps are for stations. In July I’ll be doing a series of similar webinars for NPR stations. Keep you eyes peeled for invitations to these webinars or email me and I can forward them along to you.