Interstitial Music Reporting and Song Thresholds
June 22nd, 2009 by Phil JohnsonA number of stations have asked about reporting copyrighted recordings that are used as interstitials or in music beds. Also, stations have asked whether there is a general threshold for music length, under which a recording does not have to be reported to SoundExchange.
After discussing this with the folks in the know (i.e. those involved in crafting the agreement between the CPB and SoundExchange), we have come up with the following answer:
1. Any sound recording under 30 seconds does not need to be reported to SoundExchange, BMI, ASCAP, etc.
2. Any sound recording played between 30 and 60 seconds does not need to be reported to SoundExchange. However, BMI and ASCAP do care about these. Also, it’s possible that SX will want to know about such recordings in the future, so stations are advised to log them. But, again, they don’t currently need to be reported for SoundExchange.
Also, some stations have asked about whether, if they cannot fully comply with the SoundExchange reporting, they should stop streaming now. While neither I – nor Public Interactive – can recommend whether or not a station should stream, stations should know that by 2011 they will need to be fully compliant if they wish to continue streaming. Stations should take the take the time between now and then to log the required information about each sound recording played for the purpose of reporting back to SX through Public Interactive.
More information about the agreement is available here.
June 25th, 2009 at 11:20 am
The following questions came up today, which I had the over the air broadcast answers to, but not streaming.
1. Fair use in a news story: Do we have to report a music cut used in a news story, such as a music review or perhaps an Obit piece of an artist?
2. Public Domain music cuts: Do these come into play at all in terms of reporting?
June 25th, 2009 at 4:15 pm
Excellent questions, Mike! Some answers:
1. No.
2. Depends. After checking with the experts, here’s what I’ve been told:
“I believe public domain refers to the composers/publishers rights. I think a song could be public domain, and
yet still retain the Performance Royalty. If Moby did a version of a public domain tune, say “Yankee Doodle”, he’d still get a performance royalty. I think this is one to run by an attorney to be sure.”
October 7th, 2009 at 5:44 pm
in regards to music beds, what about talking over the music? should that selection be reported if it is used underneath a voice over regardless of length.
John
October 8th, 2009 at 7:53 am
John,
Interstitial music is a tricky one. Here’s what we say in the 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.
If it’s longer than 30 seconds, I would recommend reporting just to be safe.