Broadcast licensing for LPFM Stations
 
All radio stations are required by law to obtain music licenses for broadcast of copyright materials. Unless you know exactly what artists, composers and publishers your station will air, you will be required to obtain a license from all three entities. These groups are:
   
  • American Society of Composers, Authors & Publishers – ASCAP.
  • Society of European Stage Authors & Composers – SESAC.
  • Broadcast Music, Inc. – BMI.

ASCAP
There are two options with ASCAP for licensing:
   
  1. Licensing under the terms of the compulsory license
    • No formal agreement to sign
    • Fee is established by the Copyright Office
    • 2006 fee (for preceding year) is $273
     
  2. Experimental License Agreement
    • Limited to a maximum power of 100 watts.
    • Reduced rates for 2006 (for preceding year)
      a. 1 – 10 watts $128
      b. 10 – 75 watts $195
      c. 75 – 100 watts $232
       
    • Music Reports – You agree to furnish a list of all musical compositions on your radio programs showing the title, composer and author of each composition during a one month period of their choice within the calendar year.
     

Each license has a one-year term that is automatically renewed unless terminated by either party. The first year of broadcast is pro-rated from your start date. You must submit payment for the full yearly license fee upon your acceptance of the license agreement.

Contact information:
Linda Voltaggio, Licensing Manager
212-621-6456

www.ascap.com

 
BMI
This is a non-exclusive license to publicly perform by radio broadcasting on Low Power FM stations.
   
  • Annual license fee for this term is $273 payable upon execution of the agreement.
  • Due January 15 of each year; pro-rated from start date.
  • You may need to furnish information on an official BMI form for one week of each year of the term.
 
Contact information:
Amy Ho, Account Representative
310-289-6354

www.bmi.com
 
SESAC
A compulsory license for public performances of musical compositions broadcast over non-commercial educational broadcasting stations. License fee is for the period January 1 through December 31. A SESAC acknowledgment letter and copies of cancelled checks or credit card transaction receipts are confirmation that the station is licensed by SESAC.
   
  • 2006 License fee for LPFM is $89.
   
Complete online application at:
http://www.sesac.com/licensing/low_poer_info.aspx and submit fee.
   
Contact information:
Steven M. Counce, Broadcast/Internet Licensing Rep
615-320-0055 ext. 3020
scounce@sesac.com
www.sesac.com


Internet Licensing for Non-commercial stations
Stations are required to pay additional fees for Internet licensing to ASCAP, BMI, and SESAC along with fees to Sound Exchange/Recording Industry Association of America (RIAA).

Sound Exchange
NONCOMMERCIAL WEBCASTERS/BROADCAST SIMULCASTERS
Services that meet the definition of a “noncommercial webcaster” and file a timely notice of election may opt to pay the rates set forth below for the corresponding years in lieu of the rates set by the Librarian of Congress for non-CPB, noncommercial broadcasters:

Year

Minimum Fee
   

1998-1999

$200

2000 $250

2001

$300, or $250 if only news/talk/sports
2002

$350, or $250 if only news/talk/sports

2003 $400, or $250 if only news/talk/sports plus $50 contribution to data fund
2004

$500, or $250 if only news/talk/sports plus $25 contribution to data fund plus a usage fee for programming streamed in excess of 146,000 aggregate tuning hours in any month of $0.0002176 per performance or $0.00251 per aggregate tuning hour ($0.0002 per aggregate tuning hour for news/talk/sports).

2005 $500, or $250 if only news/talk/sports plus $25 contribution to data fund plus a usage fee for programming streamed in excess of 146,000 aggregate tuning hours in any month of $0.0002176 per performance or $0.00251 per aggregate tuning hour ($0.0002 per aggregate tuning hour for news/talk/sports).
   

Services that stream more than one channel in any of these years must pay $500 for that year ($250 if only news/talk/sports on all channels) plus any usage fees that may be due in 2004 or 2005, or both.

Broadcaster groups that transmit more than three stations must pay $500 per year plus any applicable usage fees for 2004 or 2005, or both, for each subgroup of up to three stations and two associated side channels. Services other than broadcasters that transmit more than three channels must pay usage fees at the commercial webcaster rates described above for channels in excess of three.

The rates that will apply for the period January 1, 2006 through December 31, 2010 have not yet been established. An arbitration proceeding has been commenced before the Copyright Royalty Board to determine what those rates will be but a determination is not expected until late 2006. Those rates, once established, will be retroactive to January 1, 2006.

For more information: https://www.soundexchange.com/rates.html


 
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