Webcasting Rates and Terms Agreement Reached Between RIAA/SoundExchange and the Intercollegiate Broadcasting System

A group of non-commercial webcasters including American Council on
Education (ACE), Collegiate Broadcasters, Inc. (CBI), Intercolegiate
Broadcasting System (IBS), Harvard Radio Broadcasting (WHRB) and National
Religious Broadcasters Music License Committee (NRBMLC) reached an
agreement over the weekend with the RIAA/SoundExchange on rates and terms
for webcasting.

IBS Announcement

A low fixed price agreement has been reached that also provides for no reporting/recordkeeping for participating IBS Member radio stations/webcasters. The period covered by the agreement is October 1998 through December 31, 2004...

Here's a PDF of the agreement.

Here are the rate specs from the "rates and terms" that were published today:

(1) $200 for the period beginning on October 28, 1998, and ending on
December 31, 1999 (which shall be treated as one year for purposes of
these Rates and Terms);

(2) $250 for each of the years 2000 through 2003; and

(3) $500 for 2004, except in the case of an NEE that is, or is affiliated
with, an educational institution with fewer than 10,000 enrolled students,
in which case the minimum fee shall be $250.

(b) Other Noncommercial Webcasters Transmitting a Single Channel. Except
as provided in Section 3(c) and subject to Section 4, each Noncommercial
Webcaster that is not an NEE shall pay nonrefundable minimum annual fees
as set forth below for all or any portion of a year in which it made or
makes any digital audio transmissions of sound recordings under the
section 114 statutory license (whether a Broadcaster Simulcast, an
Internet-only transmission or otherwise):

(1) $200 for the period beginning on October 28, 1998, and ending on
December 31, 1999 (which shall be treated as one year for purposes of
these Rates and Terms);

(2) $250 for 2000;

(3) $300 for 2001, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250;

(4) $350 for 2002, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250;

(5) $400 for 2003, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250; and

(6) $500 for 2004, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250.

(c) Noncommercial Webcasters Transmitting Multiple Channels.
Notwithstanding Section 3(a) or (b) as applicable, the nonrefundable
minimum annual fee shall be $500 for each year (as identified in Section
3(a)(1) through (3) or 3(b)(1) through (6)) for any Noncommercial
Webcaster that made or makes digital audio transmissions of sound
recordings on more than one channel or station of programming; provided
that -

(1) if the digital audio transmissions of sound recordings over any
channels or stations in excess of one consist only of "Incidental
Performances" (as defined in Section 9(f)), the nonrefundable minimum
annual fee shall be as provided in Section 3(a) or (b) as applicable;

(2) if substantially all of the programming of all of a Noncommercial
Webcaster's channels and stations is reasonably classified as news, talk,
sports or business programming, the minimum fee shall be $250;

Here is the text of the document in case the link goes bad:

Rates and Terms Available to Certain Noncommercial Webcasters

1. General

(a) Availability of Rates and Terms. The rates and terms set forth herein
(the "Rates and Terms") cover the making of public performances of sound
recordings by means of digital audio transmissions under the statutory
license of 17 U.S.C. 114 by "Noncommercial Webcasters" (as defined in
Section 9(e) hereof), and the reproduction of ephemeral recordings used
solely to facilitate such transmissions under the statutory license of 17
U.S.C. 112(e), during the period beginning on October 28, 1998, and ending
on December 31, 2004. A Noncommercial Webcaster may elect to be subject to
these Rates and Terms, in their entirety, by complying with the procedure
set forth in Section 2 hereof.

(b) Relationship to Other Provisions. Subject to Section 7, any
Noncommercial Webcaster relying upon the statutory licenses set forth in
17 U.S.C. 112 and 114 under these Rates and Terms shall comply with the
requirements of 17 U.S.C. 112 and 114, these Rates and Terms and other
governing provisions established by the Copyright Office. Any terms
determined in accordance with 17 U.S.C. 112 and 114 and applicable to the
collection and distribution by SoundExchange of payments under 17 U.S.C.
112 and 114 from commercial eligible nonsubscription transmission services
(e.g. terms relating to distribution of royalties by SoundExchange,
deductions from distributions, unclaimed funds, possible designation of
successors to SoundExchange in the event of its dissolution, retention of
records, verification, and confidentiality of payment information) shall
apply to payments under these Rates and Terms except to the extent
inconsistent with these Rates and Terms.

(c) Relationship to Other Agreements. These Rates and Terms are without
prejudice to, and subject to, any voluntary agreements that a
Noncommercial Webcaster may have entered into with any sound recording
copyright owner. Should there be any voluntarily negotiated rates and
terms arrived at between copyright owners and webcasters that are adopted
by the Librarian of Congress during 2003 as rates and terms for eligible
nonsubscription transmission services following publication of such rates
and terms in the Federal Register pursuant to 37 C.F.R. Sec. 251.63(b),
any Noncommercial Webcaster that qualifies for such rates may, by written
notice to SoundExchange, elect, for 2004, to pay royalties under the rates
and terms adopted by the Librarian in lieu of the rates and terms
applicable hereunder; provided that if a Noncommercial Webcaster does so,
it shall at the time its first 2004 payment is due under the terms adopted
by the Librarian, pay any additional amount that would have been due under
the rates and terms adopted by the Librarian for the period beginning on
October 28, 1998, and ending on December 31, 2003, in excess of the
royalties previously paid by the Noncommercial Webcaster for that period
under these Rates and Terms.

(d) CARP Proceedings. A Noncommercial Webcaster that elects to be subject
to these Rates and Terms agrees that it has elected these terms in lieu of
participating in a copyright arbitration royalty panel ("CARP") proceeding
to set rates for the 2003-2004 period and in lieu of any different rates
and terms that may be determined through such a CARP proceeding. Thus,
once a Noncommercial Webcaster has elected these Rates and Terms, it shall
refrain from participating in any such CARP proceeding and can opt out of
these Rates and Terms only as provided in Section 1(c).

2. Election for Treatment as a Noncommercial Webcaster

(a) Election Process. A Noncommercial Webcaster that wishes to elect to be
subject to these Rates and Terms in lieu of any other royalty rates and
terms that otherwise might apply under 17 U.S.C. 112 and 114 for the
period beginning on October 28, 1998, and ending on December 31, 2004,
shall submit to SoundExchange a completed and signed election form
(available on the SoundExchange Web site at http://www.soundexchange.com)
by no later than the date 30 days after publication of these Rates and
Terms in the Federal Register. Notwithstanding the preceding sentence-

(1) if a Noncommercial Webcaster has not previously made digital audio
transmissions of sound recordings under the section 114 statutory license,
the Noncommercial Webcaster may make its election by no later than the
first date on which it would be obligated under these Rates and Terms to
make a royalty payment for the use of sound recordings under the section
112 or 114 statutory license; and

(2) an "NEE" (as defined in Section 9(d)) may make its election by no
later than October 15, 2003.

(b) Effect of Election or Nonelection. A Noncommercial Webcaster that
fails to make a timely election shall pay royalties as otherwise provided
under 17 U.S.C. 112 and 114 (the "Statutory Rate"). Subject to Section
1(c), if a Noncommercial Webcaster timely elects to be covered by these
Rates and Terms, the Noncommercial Webcaster shall thereafter be obligated
to pay royalties under and comply with the provisions of these Rates and
Terms through December 31, 2004, provided that such Noncommercial
Webcaster continues to meet the conditions for eligibility as a
Noncommercial Webcaster, as set forth in 17 U.S.C. 114(f)(5)(E)(i) (as
added by the Small Webcaster Settlement Act of 2002).

(c) Proof of Eligibility. A Noncommercial Webcaster that makes an election
pursuant to Section 2(a) shall make available to SoundExchange, within 30
days after SoundExchange's written request at any time during the 3 years
following such election, sufficient evidence to support its eligibility as
a Noncommercial Webcaster and, if applicable, as an NEE. Any proof of
eligibility provided hereunder shall be provided with a certification
signed by the chief executive officer of the Noncommercial Webcaster, or
other person with similar management authority over the Noncommercial
Webcaster, certifying that the information provided is accurate and the
person signing is authorized to act on behalf of the Noncommercial
Webcaster.

3. Minimum Annual Fees

(a) NEEs Transmitting a Single Channel. Except as provided in Section 3(c)
and subject to Section 4, each NEE shall pay nonrefundable minimum annual
fees as set forth below for all or any portion of a year in which it made
or makes any digital audio transmissions of sound recordings under the
section 114 statutory license (whether a "Broadcaster Simulcast" (as
defined in Section 9(b)), an Internet-only transmission or otherwise):

(1) $200 for the period beginning on October 28, 1998, and ending on
December 31, 1999 (which shall be treated as one year for purposes of
these Rates and Terms);

(2) $250 for each of the years 2000 through 2003; and

(3) $500 for 2004, except in the case of an NEE that is, or is affiliated
with, an educational institution with fewer than 10,000 enrolled students,
in which case the minimum fee shall be $250.

(b) Other Noncommercial Webcasters Transmitting a Single Channel. Except
as provided in Section 3(c) and subject to Section 4, each Noncommercial
Webcaster that is not an NEE shall pay nonrefundable minimum annual fees
as set forth below for all or any portion of a year in which it made or
makes any digital audio transmissions of sound recordings under the
section 114 statutory license (whether a Broadcaster Simulcast, an
Internet-only transmission or otherwise):

(1) $200 for the period beginning on October 28, 1998, and ending on
December 31, 1999 (which shall be treated as one year for purposes of
these Rates and Terms);

(2) $250 for 2000;

(3) $300 for 2001, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250;

(4) $350 for 2002, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250;

(5) $400 for 2003, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250; and

(6) $500 for 2004, except in the case of a Noncommercial Webcaster
substantially all of the programming of which is reasonably classified as
news, talk, sports or business programming, in which case the minimum fee
shall be $250.

(c) Noncommercial Webcasters Transmitting Multiple Channels.
Notwithstanding Section 3(a) or (b) as applicable, the nonrefundable
minimum annual fee shall be $500 for each year (as identified in Section
3(a)(1) through (3) or 3(b)(1) through (6)) for any Noncommercial
Webcaster that made or makes digital audio transmissions of sound
recordings on more than one channel or station of programming; provided
that -

(1) if the digital audio transmissions of sound recordings over any
channels or stations in excess of one consist only of "Incidental
Performances" (as defined in Section 9(f)), the nonrefundable minimum
annual fee shall be as provided in Section 3(a) or (b) as applicable;

(2) if substantially all of the programming of all of a Noncommercial
Webcaster's channels and stations is reasonably classified as news, talk,
sports or business programming, the minimum fee shall be $250;

(3) if a Noncommercial Webcaster that owns or operates multiple
over-the-air terrestrial AM or FM radio stations offers more than one
Internet channel or station on which substantially all of the programming
consists of Broadcaster Simulcasts, then -

(A) a nonrefundable minimum annual fee otherwise determined in accordance
with this Section 3(c) shall extend to only three such Internet channels
or stations offering Broadcaster Simulcasts, as well as associated
Internet-only channels (subject to Section 5);

(B) additional nonrefundable minimum annual fees shall be payable under
this Section 3(c) for additional groups of up to three Internet channels
or stations offering Broadcaster Simulcasts, as well as associated
Internet-only channels (subject to Section 5);

(C) each such group of up to three such Internet channels or stations, as
well as associated Internet-only channels (subject to Section 5), shall be
treated as a separate Noncommercial Webcaster for purposes of Sections
3(c)(2), 4 and 5;

(D) all such channels or stations offering Broadcaster Simulcasts in a
group shall be treated as a single channel or station for purposes of
Section 5;

(E) any additional channels or stations considered with the group for
purposes of Section 5 shall also be considered with the group for purposes
of Section 4; and

(F) accordingly, the Noncommercial Webcaster may offer two additional
Internet-only channels or stations with each group of up to three channels
or stations offering Broadcaster Simulcasts without triggering payments
under Section 5(b), but all of such channels or stations (up to a total of
five) shall be considered together for purposes of determining whether the
Noncommercial Webcaster exceeds the 146,000 Aggregate Tuning Hour
threshold in Section 4; and

(4) for purposes of determining the number of channels or stations of
programming offered by a Noncommercial Webcaster, an "archived program"
(as defined in 17 U.S.C. 114(j)(2)) that complies with the conditions in
17 U.S.C. 114(d)(2)(C)(iii)(I) and (II) shall not be considered a separate
channel or station of programming except in the case of a Noncommercial
Webcaster that exclusively makes digital audio transmissions of archived
programming.

(d) Payment in Lieu of Providing Reports of Use. All Noncommercial
Webcasters' payments of nonrefundable minimum annual fees for each of 2003
and 2004 shall be accompanied by an additional payment of $50 in 2003 and
$25 in 2004 in lieu of the provision of reports of use of sound
recordings, as described in Section 7.

4. Usage Fees for 2004

(a) In General. Subject to Section 5, the nonrefundable minimum annual fee
payable under Section 3 for 2004 shall constitute full payment for digital
audio transmissions totaling not more than 146,000 "Aggregate Tuning
Hours" (as defined in Section 9(a)) per month. If, in any month during
2004, a Noncommercial Webcaster makes digital audio transmissions of sound
recordings under the section 114 statutory license in excess of 146,000
Aggregate Tuning Hours, the Noncommercial Webcaster shall pay additional
royalties for those digital audio transmissions in excess of 146,000
Aggregate Tuning Hours at the following rates, subject to an election as
provided in Section 4(b):

(1) $0.0002176 (.02176¢) per "Performance" (as defined in Section 9(f));
or

(2) $.00251 (.251¢) per "Aggregate Tuning Hour," except in the case of
channels or stations where substantially all of the programming is
reasonably classified as news, talk, sports or business programming, in
which case the royalty rate shall be $.0002 (.02¢) per Aggregate Tuning
Hour.

For the avoidance of doubt, a Noncommercial Webcaster shall calculate its
Aggregate Tuning Hours of digital audio transmissions each month and shall
pay any additional royalties owed for such month as provided above in this
Section 4(a), but the Noncommercial Webcaster shall not owe any additional
royalties for any subsequent months until such time as the Noncommercial
Webcaster again exceeds the 146,000 Aggregate Tuning Hour threshold during
a given month.

(b) Election of Per Performance or Aggregate Tuning Hour Rate. The first
time a Noncommercial Webcaster is required to pay additional royalties
under Section 4(a), the Noncommercial Webcaster shall elect to pay based
on the per performance royalty set forth in Section 4(a)(1) or the
aggregate tuning hour royalty set forth in Section 4(a)(2) for all
additional royalties under Section 4(a) incurred during the remainder of
2004, if any. Thus, for example, a Noncommercial Webcaster may not in one
month when its digital audio transmissions exceed 146,000 Aggregate Tuning
Hours calculate its additional royalties based on the per performance
royalty and in another month when its digital audio transmissions exceed
146,000 Aggregate Tuning Hours calculate its additional royalties based on
the aggregate tuning hour royalty.

(c) Reporting. For 2004, each Noncommercial Webcaster making digital audio
transmissions in excess of 146,000 Aggregate Tuning Hours in any month
shall report its Aggregate Tuning Hours of digital audio transmissions to
SoundExchange in its monthly statement of account under Section 6(d). Each
Noncommercial Webcaster having a statutory license in 2004 and not making
digital audio transmissions in excess of 146,000 Aggregate Tuning Hours in
any month shall so certify in the statement of account accompanying its
first payment in 2005, if any.

5. Fees for More Than Three Channels of Programming

Subject to Section 3(c)(3), if in any year (as identified in Section
3(a)(1) through (3) or 3(b)(1) through (6)), a Noncommercial Webcaster
made or makes digital audio transmissions of sound recordings on more than
three channels or stations of programming, then -

(a) the Noncommercial Webcaster shall by written notice to SoundExchange
at the time of its first payment for the year or its inception of its
first channel or station in excess of three, whichever is later, designate
three channels or stations for which the nonrefundable minimum annual fee
payable under Section 3, and in 2004, any additional royalty payment under
Section 4, shall constitute full payment; and

(b) the Noncommercial Webcaster shall pay royalties for all its digital
audio transmissions of sound recordings under the section 114 statutory
license over its other channels and stations at the Statutory Rate for
digital audio transmissions made by commercial eligible nonsubscription
transmission services at such time, provided that -

(1) the Noncommercial Webcaster shall not be required to make any minimum
payment that otherwise applies to commercial eligible nonsubscription
transmission services;

(2) the nonrefundable minimum annual fee payable under Section 3 shall not
be creditable toward such payments for its other channels and stations;

(3) such payments for its other channels and stations shall be due at the
times provided in Section 6 (rather than any different times otherwise
applicable to commercial eligible nonsubscription transmission services),
except that if the Statutory Rate for digital audio transmissions made by
commercial eligible nonsubscription transmission services has not then
been determined, such payments for its other channels and stations shall
be due 45 days following the month in which the Statutory Rate is
determined; and

(4) the Noncommercial Webcaster shall comply with other terms relating to
royalty payments that otherwise apply to commercial eligible
nonsubscription transmission services (e.g. terms concerning any election
among payment options).

For the avoidance of doubt, by operation of Section 3(c)(3), when a
Noncommercial Webcaster that owns or operates multiple over-the-air
terrestrial AM or FM radio stations offers more than one Internet channel
or station on which substantially all of the programming consists of
Broadcaster Simulcasts: (i) such Broadcaster Simulcasts shall in no event
be subject to the Statutory Rate for digital audio transmissions made by
commercial eligible nonsubscription transmission services, and (ii) only
programming offered on Internet-only channels or stations in excess of two
that may be associated with a group of up to three channels or stations
offering Broadcaster Simulcasts may be subject to that Statutory Rate as
provided in this Section.

6. Payment of Royalties in General

(a) Timing of Minimum Payments. Payments of nonrefundable minimum annual
fees under Section 3 for the period beginning on October 28, 1998, and
ending on December 31, 2003, shall be due by October 15, 2003.
Nonrefundable minimum annual fees for 2004 shall be due by January 31,
2004. Notwithstanding the foregoing provisions of this Section 6(a), when
a Noncommercial Webcaster has not previously made digital audio
transmissions of sound recordings under the section 114 statutory license,
the Noncommercial Webcaster may make its first payment of nonrefundable
minimum annual fees within 45 days following the month in which the
Noncommercial Webcaster commences digital audio transmissions of sound
recordings under the section 114 statutory license.

(b) Timing of Other Payments. Any payments due under Section 4 or 5 shall
be due 45 days following the month in which the liability accrues.

(c) Credit. Any payments of section 112 or 114 statutory license royalties
made by a Noncommercial Webcaster to SoundExchange prior to its election
under Section 2 shall be creditable to the payments due under Sections 3
through 5 of these Rates and Terms.

(d) Remittance. Payments of all amounts due under these Rates and Terms
shall be made to SoundExchange and shall under no circumstances be
refundable. Payments shall be accompanied by a statement of account in the
form made available on the SoundExchange Web site located at
http://www.soundexchange.com.

(e) Ephemeral Recordings. The royalty payable under 17 U.S.C. 112(e) for
any reproduction of a phonorecord made during the period beginning on
October 28, 1998, and ending on December 31, 2004, and used solely by a
Noncommercial Webcaster to facilitate transmissions for which it pays
royalties as and when provided in these Rates and Terms shall be deemed to
be included within, and to comprise 8.8% percent of, the Noncommercial
Webcaster's royalty payments under these Rates and Terms.

(f) Continuing Obligation to Pay. If Statutory Rates and terms for
Noncommercial Webcasters for the period beginning January 1, 2005 have not
been established by December 31, 2004, then Noncommercial Webcasters shall
continue to make payments at the 2004 rates under these Rates and Terms
until such successor rates and terms are established. Such interim
royalties shall be subject to retroactive adjustment based on the final
successor rates. Any overpayment shall be fully creditable to future
payments, and any underpayment shall be paid within thirty days after
establishment of the successor rates and terms, except as may otherwise be
provided in the successor terms.

(g) Late Payments. A Noncommercial Webcaster shall pay a late fee of
0.75% per month, or the highest lawful rate, whichever is lower, for any
payment received by SoundExchange after the due date. Late fees shall
accrue from the due date until payment is received by SoundExchange.

7. Notice and Recordkeeping

(a) Data for Distributions. Noncommercial Webcasters electing these Rates
and Terms shall not be required to provide reports of use of sound
recordings for 2003 and 2004, even if the Librarian of Congress issues
regulations otherwise requiring such reports by Noncommercial Webcasters.
The payments required by Section 3(d) are intended to facilitate
SoundExchange's ability to collect or otherwise acquire substitute data on
which to base distributions to copyright owners and performers of payments
made by Noncommercial Webcasters, although SoundExchange shall be under no
obligation to spend such payments in any particular way or to collect or
otherwise acquire any particular data by any particular means.
SoundExchange may base its distributions to copyright owners and
performers of payments made by Noncommercial Webcasters on any data or
methodology determined by its board.

(b) Future Reporting. The Noncommercial Webcasters shall designate a task
force of not less than five members that shall be obligated to use
reasonable efforts to work with SoundExchange to determine data fields and
report formats and recommend policies, procedures and systems for the
delivery of electronic reports of use of sound recordings to SoundExchange
sufficient to permit SoundExchange, beginning in 2005, to distribute the
royalties paid by Noncommercial Webcasters to those copyright owners and
performers whose sound recordings are used by Noncommercial Webcasters
based on data reported by or on behalf of Noncommercial Webcasters. In the
absence of agreement among the Noncommercial Webcasters concerning the
membership of such task force, each Noncommercial Webcaster shall be
obligated to use reasonable efforts to do the foregoing.

8. Default

A Noncommercial Webcaster shall comply with all the requirements of these
Rates and Terms. If it fails to do so, SoundExchange may give written
notice to the Noncommercial Webcaster that, unless the breach is remedied
within thirty days from the date of notice and not repeated, the
Noncommercial Webcaster's authorization to make public performances and
ephemeral reproductions under these Rates and Terms will be automatically
terminated. Such termination renders any public performances and ephemeral
reproductions as to which the breach relates actionable as acts of
infringement under 17 U.S.C. 501 and fully subject to the remedies
provided by 17 U.S.C. 502-506 and 509.

9. Definitions

As used in these Rates and Terms, the following terms shall have the
following meanings:

(a) The term "Aggregate Tuning Hours" means the total hours of programming
that a Noncommercial Webcaster has transmitted during the relevant period
to all listeners within the United States over the relevant channels or
stations, and from any archived programs, that provide audio programming
consisting, in whole or in part, of eligible nonsubscription
transmissions, less the actual running time of any sound recordings for
which the Noncommercial Webcaster has obtained direct licenses apart from
17 U.S.C. 114(d)(2) or which do not require a license under United States
copyright law. By way of example, if a Noncommercial Webcaster transmitted
one hour of programming to 10 simultaneous listeners, the Noncommercial
Webcaster's Aggregate Tuning Hours would equal 10. If three minutes of
that hour consisted of transmission of a directly licensed recording, the
Noncommercial Webcaster's Aggregate Tuning Hours would equal 9 hours and
30 minutes. As an additional example, if one listener listened to a
Noncommercial Webcaster for 10 hours (and none of the recordings
transmitted during that time was directly licensed), the Noncommercial
Webcaster's Aggregate Tuning Hours would equal 10.

(b) A "Broadcaster Simulcast" is a simultaneous Internet transmission or
retransmission of an over-the-air terrestrial AM or FM radio broadcast,
including one with previously broadcast programming substituted for
programming for which requisite licenses or clearances to transmit over
the Internet have not been obtained and one with substitute
advertisements, where such Internet transmission or retransmission is made
by a Noncommercial Webcaster that owns or operates the over-the-air radio
station making the AM or FM broadcast.

(c) An "Incidental Performance" is a Performance that both:

(1) makes no more than incidental use of sound recordings including, but
not limited to, brief musical transitions in and out of commercials or
program segments, brief performances during news, talk, sports and
business programming, brief background performances during disk jockey
announcements, brief performances during commercials of sixty seconds or
less in duration, or brief performances during sporting or other public
events; and

(2) other than ambient music that is background at a public event, does
not contain an entire sound recording and does not feature a particular
sound recording of more than thirty seconds (as a sound recording used as
a theme song is featured).

(d) An "NEE" or "Noncommercial Educational Entity" is a Noncommercial
Webcaster that is directly operated by, or is affiliated with and
officially sanctioned by, and the digital audio transmission operations of
which are, during the course of the year, staffed substantially by
students enrolled at, a domestically accredited primary or secondary
school, college, university or other post-secondary degree-granting
educational institution, but that is not a "public broadcasting entity"
(as defined in 17 U.S.C. 118(g)) qualified to receive funding from the
Corporation for Public Broadcasting pursuant to the criteria set forth in
47 U.S.C. 396.

(e) The term "Noncommercial Webcaster" shall have the meaning given in 17
U.S.C. 114(f)(5)(E)(i) (as added by the Small Webcaster Settlement Act of
2002).

(f) A "Performance" is each instance in which any portion of a sound
recording is publicly performed to a listener by means of a digital audio
transmission or retransmission (e.g., the delivery of any portion of a
single track from a compact disc to one listener) but excluding the
following:

(1) a performance of a sound recording that does not require a license
(e.g., the sound recording is not copyrighted);

(2) a performance of a sound recording for which the Noncommercial
Webcaster has previously obtained a license from the copyright owner of
such sound recording; and

(3) an Incidental Performance.

Posted by Lisa at June 02, 2003 12:15 PM | TrackBack