SoundExchange Reporting Blog

Apparently there’s some confusion among a few stations regarding when they must begin reporting to SoundExchange (SX). Some stations are under the impression that reporting isn’t required until 2011. This is most definitely not true; any stations streaming copyrighted sound recordings on-line must report to SoundExchange now. Failure to do so puts your station at risk of being found in violation of copyright law.

This applies to all stations which are under the CPB-SX agreement. CPB is paying the royalties but your station must file the reports. Stations covered by the CPB agreement have the benefit of not paying royalties, but they must report now.  The rules and laws about royalty payments and reporting of musical performances over the Internet have been in place since the Digital Millennium Copyright Act (DMCA) was signed into law in 1998. Many stations were apparently either not aware of these obligations or chose to ignore them. While the announcement last year of the agreement between the CPB and SoundExchange may have brought these obligations to light for some stations, they did not delay the requirement to begin providing reports.

The bottom line is, if your station is not already providing reports for SoundExchange, it should begin doing so immediately. Each quarter, Public Interactive (PI) sends SoundExchange a list of all stations that have opted to be covered under the CPB-SX agreement, along with the data from those who have reported. As you might imagine, it would be fairly easy for SoundExchange to figure out which stations are not reporting. And stations which aren’t reporting could be in violation of copyright law. CPB selected Public Interactive to help stations comply with the reporting requirements in order to avoid any such repercussions. PI is not involved in the disbursement of payments to artists or in deciding whether stations are, or are not, in compliance. We have tools and recommendations to make reporting easier.

So, if you’re not already reporting, don’t wait any longer! Please contact us today to get started.

As we quickly approach the next SoundExchange reporting deadline, here at Public Interactive we’ve made some tweaks to the SoundExchange Dashboard portion of Composer Basic and Composer Pro to (hopefully) make the reporting process a little bit easier.

Having now gone through two quarters of reporting with the Dashboard in place, it was clear that one of the biggest areas of confusion for stations has been how to specify their two chosen reporting weeks each quarter. Many folks didn’t know how to do this, as the screen used for it was hard to find. We’ve now made some changes in attempt to make it easier to complete this important step in the reporting process.

An aside, this step is particularly important because, if your station provides two weeks worth of reporting data but doesn’t specify which weeks in the quarter they pertain to, then SoundExchange will assume the data is not a sample but a census (that is a complete accounting) of all the recordings you streamed during the quarter. This effectively means you have under-reported and could, in theory, affect royalty payments to artists and key metrics used as benchmarks in the agreement between the CPB and SoundExchange (e.g. Music Aggregate Tuning Hours).

So, it’s very important you set these dates in the tool.

To try and make a little more obvious as to how and where to do so, we’ve made the following changes to the SoundExchange Dashboard:

1. The Select Report Dates screen can now be accessed from the global What do you want to do? navigation at the top of each page, under SoundExchange Dashboard:

Click to enlarge

2. The View Reports screen now displays the chosen reporting weeks for each of your content streams for the current reporting quarter, which are linked to the Select Report Dates screen:

Click to enlarge

3. The chosen reporting period for the current quarter is now also displayed on the Upload Playlists/Streaming Logs screen, and a link to the Select Report Dates screen is provided:

the

Click to enlarge

4. We’ve removed the previous functionality on the Upload Playlists/Streaming Logs screen that required you to specify the start and end dates for each individual playlist or streaming log file you uploaded to us. This was only causing confusion for users and these dates are now deduced from the files themselves.

5. If you have more than one content stream (e.g., an HD2 channel), you must specify reporting weeks for each one separately. You can now navigate between the Select Report Dates screens for each of your content streams by using the drop-down toggle we’ve added to the upper right hand corner of that screen (like you were already able to do on the upload logs and guide management screens):

Click to enlarge

Important reminder: when specifying your two chosen reporting weeks in Composer Basic or Pro, you specify the start dates of each week, rather than the start and end dates of your reporting period. We do it this way because stations are free to choose two non-consecutive reporting weeks.

OK, if you haven’t already, please go forth, gather and submit your Q2 reporting data!

This week there was a small, but not insignificant, bit of news for you classical music folks: NPR has secured an agreement from Naxos, one of the world’s largest classical music labels, to waive the performance complement of the DMCA. This waiver applies to all public radio stations covered by the CPB-SoundExchange agreement and eliminates the need to abide by the performance complement for any classical music whose rights are held by Naxos.

So – good news! Couple of things to bear in mind here:

1. This does not affect the reporting of classical music to SoundExchange via Public Interactive; that is, the same reporting rules continue to apply (e.g. report each track separately, include album titles, etc.).

2. This only applies to stations covered by the CPB-SoundExchange agreement. If your station has not explicitly opted-in to be covered by the deal, then the waiver does not apply to you.

3. The waiver only applies to the playing of recordings owned by Naxos.

NPR views this as, hopefully, the beginning of a process of approaching other labels as well. Let’s all cross our fingers. It’s the little things…

At the recent RAIN Summit West in Las Vegas, there was an interesting session given on the basics of SoundExchange – who they are and what they do, including a little music copyright 101. The session was led by Kyle Funn, SoundExchange’s Manager of Licensing and Enforcement. Below is the video of his talk, which I highly recommend that everybody watch. It’s short, only 6:48 (it was a PechaKucha presentation), and is well worth the time.

One thing to bear in mind: the terms of the CPB-SoundExchange agreement overrides some of the basics that Kyle talks about (e.g. “writing a check”). This session is obviously addressed to all stations streaming music, not just public broadcasters.

Anyway, I recommend that everybody give this a listen.

Last week Public Interactive officially generated and submitted Q1 2010 reports to SoundExchange on behalf of 265 stations. The reports covered 373 content streams and 11.5 million Music Aggregate Tuning Hours, a nice increase from the Q4 2009 reports. Big thanks to all of you who submitted data for Q1!

Of course, there are still a number of you who didn’t submit data for Q1, and so are not in compliance with the terms of the CPB-SoundExchange agreement. If you have not been reporting, there’s no better time than the present to get in compliance before the stream police come a-knockin’. You’ve been warned.

Anyway, time now to get cracking on Q2 reports, which cover data from April 1 through June 30. The official deadline to get us your Q2 2010 reporting data will be Friday July 9, 2010.

If you have questions about how this all works, what data you need to give us and such, then please review this page on the basics of SoundExchange reporting through Public Interactive.

A few reminders for this next round of reporting:

1. Your chosen reporting weeks must be fully contained within Q2, (April 1 – June 30).

2. In addition to playlist and streaming log data, please be sure to fill out or update the guide for each of your content streams in Composer Basic or Pro so that we may integrate playlists for syndicated shows that you stream. The full list of syndicated shows for which we’re gathering playlists (which continues to grow) is here. If you produce a syndicated program and are not yet providing us with playlists, please review this page on what data we need from you and how to get it to us.

3. When submitting data to us, make sure to specify the start dates of your two chosen reporting weeks using Composer Basic/Pro (unless you are one of the lucky few that have to do full quarter reporting).

Oh yeah, and one more thing: AFTER SUBMITTING YOUR DATA PLEASE CONTACT ME to let me know that you have and to double check that we have what we need!!!!! We’re still tweaking the reporting system on our end to ensure no data falls through the cracks, but there are still some holes. Don’t assume that no news is good news!

Onward!

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.

Before 2009 waltzes out of our lives, allow us here at Public Interactive to say thanks to everyone for their efforts in the realm of SoundExchange reporting this year! We appreciate all the hard work by stations that have submitted data to us for reporting back to SoundExchange. We appreciate it, the CPB appreciates it and, believe it or not, SoundExchange appreciates it! Honest.

Before everyone disappears to drink egg nog and whatnot I wanted to remind folks about a few key things to keep in mind for submitting your Q4 data for SoundExchange reporting to us .

By now, everybody who has opted to be covered by the CPB-SoundExchange agreement and registered with Public Interactive for SoundExchange reporting should have access to the tools we have developed to make data submission easier. This includes both Composer Pro clients of ours, as well as Composer Basic users. If your station is not a PI Composer Pro client and has not yet received a login to Composer Basic, please contact me and I’ll get you set up.

Lots of detail on Composer Basic is available here, so I won’t rehash it all in this post. Here are some important things for everyone to keep in mind:

1. Data for Q4 reports must come from with October 1 – December 31, 2009 (i.e. the fourth calendar quarter). Basic information on the reporting data that you need to provide to us is available here.

2. Composer Pro clients don’t need to submit playlist logs to us (assuming they actually put playlist data into Composer Pro); however, if your streams are not hosted by Public Interactive you will still need to upload your streaming access logs to us. Composer Pro documentation is available here.

3. Composer Basic users will need accept the Terms of Service before we can officially accept your data and generate reports. You will then need to upload playlist log files to us, in addition to streaming access logs. Composer Basic documentation is available here; in addition a Composer Basic Quick Start Guide is available here.

4. Everyone, whether you are a Composer Pro or Basic client, must specify their chosen reporting dates using the SoundExchange Dashboard in Composer Pro/Basic. If you don’t we’ll assume that you are supplying us with a full quarter’s worth of data and will generate reports based on that assumption. To set your reporting dates in Composer Pro or Basic, go to View Reports, then click on Edit Report Dates for Q4 for each of your streams. Then uncheck the Disregard dates and use full quarter instead check box and use the date drop downs to specify the starting date of both of your chosen reporting weeks. Make sure to do that for all of your streams for which you are supplying reporting data.

5. Stations that stream Classical 24 – again whether you are a Composer Pro or Basic user – must  update the guide information for each of your streams in Composer to properly reflect when you streamed C24 during your reporting period. This is so we can integrate C24 playlists into your your station’s reports. In the future will be collecting and integrating playlists for other syndicated shows. IMPORTANT NOTE: When adding the Classical 24 program in your guide, be sure to set the Program Format to Classical: C24.

All of this (file uploads, setting reporting dates, accepting TOS, etc.) needs to be done by the deadline of Friday, January 15, 2010 in order for us to guarantee that we’ll be able to generate and submit Q4 reports on your station’s behalf.

That’s it for now! I’ll be out of the office starting Christmas day and will be back on Monday, January 4, 2010. In the meantime, feel free to submit your data to us using Composer Pro or Basic. Let me know that you have and I’ll review it – or answer any questions – when I get back.

Thanks again and Happy New Year to all and to all a good night – or day, you know, depending on when you read this.

I trust that everybody had a great Thanksgiving. I sure did! The last of the turkey leftovers was eaten last night. Always a sad moment when the bird is gone for good.

Speaking of turkeys, SoundExchange Q4 reporting data, as many of you know, is due to us here at Public Interactive by Friday January 15, 2010.

Here, again, are the relevant points to keep in mind:

1. Unless I have already told you otherwise, choose two 7-day consecutive periods within the quarter (October 1 – December 31, 2009) to report on. To repeat, your reporting data must must must be completely contained within Q4 or we cannot include it!

2. For each song streamed, the following information is required (yes, it is all required): song title, featured artist(s), album title, marketing label, start date and time, and EITHER end date and time OR duration of play.

3. Stations that are not Public Interactive Composer clients must submit a playlist log that matches our playlist file formatting requirements. Playlist files that do not match this format cannot be processed by us and will be rejected.

4. Stations that do not have their streams hosted by Public Interactive must submit streaming access logs that cover the chosen reporting period. Playlist logs alone are not sufficient; without streaming access logs (not aggregate usage statistics) we cannot generate reports on your station’s behalf.

This information should be old hat to many of you by now. Now, on to some new and exciting information!

This week we have begun rolling out changes to our Composer product to make data transfer, and managing of SoundExchange reporting information, easier. This involves two things:

1. Existing Public Interactive Composer clients were all upgraded earlier this week to Composer Pro! What is Pro? It’s the same Composer Program Guide and Playlist tools (with a new look), plus the new SoundExchange Dashboard. The Dashboard allows you to manage your contact and stream information with us for SX reporting, upload streaming log files (if your streams are not hosted with us), specify your quarterly reporting periods and access completed reports that we generate and submit to SX on your behalf.

If you haven’t already, please check out the Dashboard, review your contact and stream information and generally get familiar with it. An updated Composer Pro User Guide is also now available, detailing the changes.

2. A beta version of Composer Basic is now being shared with a handful of stations that are not PI clients. What is Basic? It includes the Composer Program Guide tool, for fletting us know what syndicated programming you stream, plus the new SoundExchange Dashboard. The Dashboard allows you to manage your contact and stream information with us for SX reporting, upload playlist and streaming log files, specify your quarterly reporting periods and access completed reports that we generate and submit to SX on your behalf.

This is the tool that the rest of you will use going forward which has a guide input tool to manage your weekly schedules, for the purpose of letting us know what syndicated programming you stream, as well as the SoundExchange Dashboard, which you will use to manage your contact and stream information with us for SX reporting, upload playlist and streaming log files, specify your quarterly reporting periods and access completed reports that we generate and submit to SX on your behalf.

If you’ve been lucky (or unlucky, depending on your point of view) enough to have been picked for beta testing, we appreciate your feedback and help!

We hope to make Composer Basic available to all stations who have registered with the CPB and PI for SoundExchange reporting in the next two weeks, so be on the lookout for an email from us with your login and connection instructions.

Thanks to those early bird stations that have already submitted their Q4 data, and to everyone for being patient with us as we build out these tools.

A big thanks to all you stations who submitted data for Q3 SoundExchange reports! It was a huge effort all the away around. We’re happy to say that we were ale to report on 175 stations, covering 230 separate content streams, which was a big jump from the Q2 reports (67 stations, 94 streams). We were happy, the CPB was happy and – most importantly – SoundExchange was happy by this upward trend. So, thank you all again.

As good as the Q3 turnout was, there is still much more to be done.

Stations that did not submit data for Q3 must start reporting; SoundExchange knows who you are and, while they have been understanding about everybody getting on board under the terms of the CPB-SoundExchange agreement, they expect every station streaming music to comply fully with the reporting requirements. I went to Washington, DC last week to meet with the folks at SoundExchange to update them on our progress and they made it clear that, in the not too distant future, they will begin knocking on doors of stations that are not in compliance. Please, please, please don’t be one of those stations.

OK, enough of that. You get the picture.

That brings us to the next order of business: Q4 reports!

In order to guarantee that we can generate and submit reports to SoundExchange on behalf of your station, you must submit your Q4 data to Public Interactive – in the required format (more on that below) – no later than Friday, January 15, 2010.

Here are the relevant points to keep in mind:

1. Unless I have already told you otherwise, choose two 7-day consecutive periods within the quarter (October 1 – December 31, 2009) to report on. To repeat, your reporting data must must must be completely contained within Q4 or we cannot include it!

2. For each song streamed, the following information is required (yes, it is all required): song title, featured artist(s), album title, marketing label, start date and time, and EITHER end date and time OR duration of play.

3. Stations that are not Public Interactive Composer clients must submit a playlist log that matches our playlist file formatting requirements. Playlists files that do not match this format cannot be processed by us and will be rejected.

4. Stations that do not have their streams hosted by Public Interactive must submit streaming access logs that cover the chosen reporting period. Playlist logs alone are not sufficient; without streaming access logs (not aggregate usage statistics) we cannot generate reports on your station’s behalf.

5. Depending on when your data is ready for submission, you will submit it to us either via FTP or Composer Basic. The latter is still not ready for general consumption, though we are working hard to make it available for Q4 data submissions. Either way, contact me when you are ready to submit your data and I will tell you how to do it.

Once more, just for the record, the deadline to get us your SoundExchange reporting data for Q4 (October 1 – December 31, 2009) is Friday, January 15, 2010. Learn it. Know it. Live it.

Of course, we are happy to accept your Q4 data well before January 15, if you have it available. Remember: if the data is not formatted properly we will ask you to reformat it and resubmit it to us. In order to ensure that we have your properly formatted data by January 15 it is best to get it to us as soon as you can.

As we all try and recover from the insanity that was Q3 SoundExchange reporting (well, some of us aren’t done with it yet – so recovery will have to wait), I would like call everybody’s attention to this recent decision by the Copyright Royalty Board.

The gist of it is that the CRB has decreed that most digital music services must now do census reporting! That means full-quarter, 24×7 reporting of what music you stream, not sample, 14-days-per-quarter reporting that most stations covered by the CPB-SoundExchange deal must do.

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.

After that, well, we’ll just have to see.

So, see – it could be worse. Like six-times-the-amount-of-work-worse.

A few other things to note:

• The article reiterates the data fields that must be reported for each song streamed: Title, Artist, Album and Label.
• You’ll see mention there also of reporting the number of performances (or actual total performances – ATP) of each song, which is the number of people who actually heard the song. Stations covered by the CPB-SX agreement reporting through Public Interactive don’t have to calculate this number. We do it for you for reporting back to SoundExchange, but in order to do so we need the start and end times of each song play (or the start time and duration), as well as your streaming access logs.
• One statistic not mentioned in the article but that stations also have to calculate and report are total Aggregate Tuning Hours (ATH), for all programming. Stations reporting under the CPB-SX agreement instead report their Music Aggregate Tuning Hours (MATH) – or the ATH for just music programming – which, again, Public Interactive calculates on behalf of stations, using the start and end time of each song play and the streaming access logs.

So, to summarize, if the CPB-SX agreement were not in place (and had the CPB not hired Public Interactive to help with reporting), most public broadcasters would have to:

1. Still collect all of the same data about songs streamed, not just for two weeks a quarter, but for every song streamed, all day, every day.
2. Use the raw data to calculate the required SoundExchange statistics (ATP and ATH), or pay for software or a service that will do these calculations, instead of having PI do it for free.
3. Pay performance royalties to SoundExchange, instead of having the CPB pay the royalties.

Feel better now?

Finally, I draw your attention to the last two sentences in the article:

In recent meetings, SoundExchange has indicated that it is going to emphasize reporting requirements, and potentially take action against webcasters who ignore their obligations.  Don’t become an example.

If you are not doing so already, I urge you to begin complying completely with the reporting requirements.