SoundExchange

Last updated
SoundExchange
FoundedSeptember 22, 2003
Type Non-profit
760742496
Location
Area served
International
Services Royalty distribution
Members
155,000
Key people
Michael Huppe
(President and CEO) [1]
Revenue
---
Website www.soundexchange.com

SoundExchange is an American non-profit collective rights management organization founded in 2003. It is the sole organization designated by the U.S. Congress to collect and distribute digital performance royalties for sound recordings. It pays featured and non-featured artists and master rights owners for the non-interactive use of sound recordings under the statutory licenses set forth in 17 U.S.C.   § 112 and 17 U.S.C.   § 114. [2] [3] As of 2023, the company serves a community of over 650,000 creators worldwide, offering various products and services. [4]

Contents

Overseen by a board of directors composed of artists, artist representatives, and sound recording copyright owners, SoundExchange is also an advocate for music licensing reform. [3] As of 2023, it has paid more than $10 billion to recording artists and rights owners. [5]

History

SoundExchange was created as a division of the RIAA in 2000. In 2001, major record labels and artists agreed on a standard for paying royalties earned from cable and satellite music services, and SoundExchange made its first payment, distributing $5.2 million in royalties to recording artists and labels. [6] In 2002, four years after the Digital Millennium Copyright Act granted webcasters an automatic license to play copyrighted music provided that a royalty was paid, a lengthy arbitration process was concluded, and a royalty rate was set. SoundExchange was spun off from the RIAA and became an independent non-profit corporation in 2003. [7] [8]

SoundExchange's first executive director was John Simson, a musician, attorney, and artist manager. [9] Simson left the organization in 2011 and was replaced by Michael Huppe. In 2018 it was announced that the organization had extended his contract through 2021. [10] [11] He also serves as the chairman of the board of SXWorks, a subsidiary created by SoundExchange following its acquisition of the Canadian Musical Reproduction Rights Association (CMRRA). SXWorks provides administration and back office services to publishers to support multiple licensing configurations. [12]

In 2012, the company announced that it had paid over $1 billion in royalties since 2003. [13] As of 2018, it had paid more than $5 billion, [14] with recording artists and rights holders paid $884 million in 2016 alone. [11] [12]

In 2021, the company expanded royalty collections to include Private copying levy royalties, [15] which was previously collected by the Alliance of Artists and Recording Companies (AARC) since 1993. AARC ceased operations at the end of 2021.

Purpose

SoundExchange exists to administer statutory licenses for sound recording copyrights, primarily through the collection and distribution of royalties for sound recording performances occurring under the jurisdiction of federal law. SoundExchange handles the following duties with respect to statutory licenses:

An administrative fee is deducted from royalties before they are distributed, with the remainder divided between the performing artists on a given recording, and the copyright owner of that recording. SoundExchange collects and distributes royalties for all artists and copyright owners covered under the statutory licenses. It has collection agreements with more than 40 international performance rights organizations around the world, [16] allowing it to collect and pay royalties to recording artists and rights owners when their music is played in those countries. In 2017, SoundExchange expanded into music publisher administration with its acquisition of Canadian mechanical rights society Canadian Musical Reproduction Rights Agency (CMRRA). [17]

Authority and structure

SoundExchange is designated by the Librarian of Congress as the sole organization authorized to collect royalties paid by services making ephemeral phonorecords or digital audio transmissions of sound recordings, or both, under the statutory licenses set forth in 17 U.S.C. § 112 and 17 U.S.C. § 114. As of January 1, 2003, SoundExchange is designated by the United States Copyright Office to also distribute the collected royalties to copyright owners and performers entitled under and pursuant to 17 U.S.C. § 114(g)(2). Incorporated in the State of Delaware, SoundExchange is exempt from taxation under Section 501(c)(6) of the Internal Revenue Code. It operates, in part, pursuant to Copyright Office regulations set forth in 37 C.F.R. Parts 370, 380, 382, 383 and 384. [18]

SoundExchange is controlled by a board of directors composed of recording artists, representatives of recording artists and sound recording copyright owners. As of 2017, the board was composed of Duncan Crabtree-Ireland (SAG-AFTRA), Jay L. Cooper (attorney), Andrea Finkelstein (Sony Music Entertainment, Inc.), Ray Hair (American Federation of Musicians), Jeff Harleston (Universal Music Group), Michael Hausman (artist manager), Steve Marks (RIAA), David Byrne (artist), Kendall Minter (attorney), Richard Burgess (American Association of Independent Music), Patrick Rains (artist manager, PRA Records), Martha Reeves (artist), Perry Resnick (RZO Royalty Management), Paul Robinson (Warner Music Group), Cary Sherman (RIAA), Darius Van Arman (Secretly Group), Ron Wilcox (Warner Music Group) and Victor Zaraya (Razor & Tie). [19]

Royalty rate setting

As required by 17 U.S.C.   § 112 and 17 U.S.C.   § 114, SoundExchange, along with other interested parties, participates in each periodic rate-making proceedings to establish rates that compensate copyright owners and performers for the use of copyrighted sound recordings. Such rate setting proceedings may be resolved through proceedings through the Copyright Royalty Board (CRB). [20]

Satellite radio

In December 2017, the Copyright Royalty Board (CRB) increased the Sirius XM royalty rate from 11.5% of revenue to 15.5% of revenue through 2022. [1] The CRB also rendered a decision on royalty rates paid by Muzak and Music Choice in December 2017, reducing the royalty rates paid by those services from 8.5% of revenue to 7.5% of revenue. [21]

In 2015 SoundExchange sued Muzak for underpayments of royalties to artists and rights holders. Because its royalty rate was established before the DMCA was enacted, Muzak's streaming services to Dish Network subscribers was allowed a grandfathered rate standard that resulted in lower royalty rates. The SoundExchange lawsuit sought to implement the standard royalty rate for new subscriptions on Muzak's streaming services to other cable/satellite TV providers. [22]

Webcasting

The CRB judges established webcasting rates (per song, per listener) on December 16, 2015, for the 2016–2020 term – $0.0017 for non-subscription performances and $0.0020 for subscription performances for commercial webcasters in 2017, with rates for each subsequent year adjusted upward or downward, according to the Consumer Price Index for the year. As of 2018, webcasting rates were $0.0018 for non-subscription services and $0.0023 for subscription services. [23]

Advocacy efforts

SoundExchange is an advocate for the reform of U.S. music licensing laws, seeking to ensure that music creators earn fair market value for their work when it is used on any music platform. During the 115th Congress, SoundExchange actively supported the Fair Pay Act of 2017 (H.R.1836) and the CLASSICS Act (H.R.3301). It is a founding member of musicFIRST, a coalition of organizations representing musicians, recording artists, managers, music businesses, and performance rights advocates. [24] [25] [26] [27]

Projects and initiatives

In March 2016 SoundExchange introduced an online service to allow music services to locate metadata for 20 million sound recordings in its database. The service allows users to search SoundExchange's database of international standard recording rates, unique identifiers for sound recordings. [28] [29]

In January 2018 the SoundExchange subsidiary SXWorks launched NOI (Notice of Intention) Lookup. It allows songwriters and publishers to search a U.S. copyright database which indexes "Address Unknown" notices, the term used when a music service files an intention to use a musical work, but claims that they cannot locate the copyright owner. A free tool, it allows copyright owners to identify their work. In 2017, an average of 2.5 million monthly address unknown NOI filings were submitted to the US Copyright Office by music services. [30]

Criticism

A 2007 royalty rate increase was reported as establishing a rate that would "render Internet radio unsustainable, or at the very least, more ad-laden than terrestrial radio." [31] Critics charged that in negotiating the royalty, SoundExchange was concerned primarily with major labels and their artists. [32] Thousands of internet broadcasters participated in a "day of silence" protest by cancelling their programming on June 26, 2007. [33]

In 2019, SoundExchange introduced the "Overlaps & Disputes" feature for rights holders utilizing their software. [34] However, this feature triggered concerns among independent rights holders. Some artists, particularly those distributing their music through independent platforms, expressed frustration through blog posts and video-sharing platforms. [35] [36] Allegations of "Royalty Raiding" emerged, with claims that major labels, notably Warner Music Group, were disputing performance royalties of independent artists.

A dispute arises when a right holder submits a form to SoundExchange asserting that an existing claim on a composition's performance rights is invalid, and they are the legal right holder. [37] The prevalence of such complaints has led to speculations of major labels, with their extensive repertoires and industry dominance, may mass-dispute rights holders' claims to redirect income from self-managed indie artists. Opinions on responsibility vary, with some attributing predatory behavior to major labels, while others argue that artists should exercise due diligence in managing their rights and finances within the music industry.

See also

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References

  1. 1 2 Bliss, Karen (April 25, 2017). "SoundExchange CEO Points to SiriusXM's Growth for Royalty Rate Increase Optimism". Billboard. Retrieved 15 December 2017.
  2. ↑ Ingham, Tim (October 19, 2016). "WHAT DOES THE FUTURE HOLD FOR SOUNDEXCHANGE?". Music Business Worldwide. Retrieved 6 December 2017.
  3. 1 2 Sisario, Ben (August 4, 2015). "Rise of SoundExchange Shows the Growth of Digital Radio Royalties". New York Times. Retrieved 6 December 2017.
  4. ↑ Dalugdug, Mandy. CD Baby Unveils CDB Boost Feature To Help Indie Songwriters Get Paid. Music Business Worldwide. 2023-11-14. Retrieved 2024-02-16.
  5. ↑ Knopper, Steve (2023-08-28). "From Paper Checks to $10 Billion: SoundExchange Celebrates 20 Years of Royalty Payments". Billboard. Retrieved 2024-02-22.
  6. ↑ Leeds, Jeff (November 8, 2001). "Record Labels, Artists Reach Services Accord" . Retrieved 2 January 2018.
  7. ↑ Harmon, Amy (2002-06-21). "TECHNOLOGY; Internet Radio Criticizes Rate On Royalties". The New York Times. ISSN   0362-4331 . Retrieved 2018-01-10.
  8. ↑ "Battle Royalty". Los Angeles Times. 2007-06-11. ISSN   0458-3035 . Retrieved 2018-01-10.
  9. ↑ Birnbaum, Jeffrey H. (2007-07-03). "Jeffrey H. Birnbaum - Radio Royalties: Reprising Ol' Blue Eyes' Battle". The Washington Post . ISSN   0190-8286 . Retrieved 2018-01-10.
  10. ↑ "SoundExchange Board Extends President/CEO Michael Huppe's Contract". MusicRow - Nashville's Music Industry Publication - News, Songs From Music City. 2018-01-10. Retrieved 2018-03-22.
  11. 1 2 "SoundExchange Extends CEO Michael Huppe Through 2021". Billboard. Retrieved 2018-01-24.
  12. 1 2 Christman, Ed (May 15, 2017). "SoundExchange Is Officially Buying CMRRA, A Move Reflecting Evolving Digital Markets". Billboard. Retrieved 6 November 2017.
  13. ↑ Greenburg, Zack O'Malley. "SoundExchange Passes $1 Billion Mark In Music Royalties Paid". Forbes. Retrieved 2018-03-22.
  14. ↑ Variety Staff (2018-03-15). "SoundExchange Passes $5 Billion Mark in Streaming Royalty Distributions". Variety. Retrieved 2018-03-21.
  15. ↑ "SoundExchange Announces Expansion into Private Copy Royalty Collection and Distribution".
  16. ↑ "International Collection - SoundExchange". SoundExchange. Retrieved 2018-03-22.
  17. ↑ "Michael Huppe signs 4-year extension to continue as SoundExchange CEO - Music Business Worldwide". Music Business Worldwide. 2018-01-10. Retrieved 2018-01-24.
  18. ↑ "Notice of Designation As Collective Under Statutory License filed with the Licensing Division of the Copyright Office" (PDF). Archived from the original (PDF) on 2008-10-30. Retrieved 2008-10-16.
  19. ↑ "Board of Directors". soundexchange.com. SoundExchange. Retrieved 6 November 2017.
  20. ↑ Steele, Anne (December 15, 2017). "Sirius XM Satellite Radio to Pay Higher Royalty Rate Starting in 2018". Dow Jones (via Morningstar). Retrieved 15 December 2017.
  21. ↑ Flanagan, Andrew (April 3, 2015). "SoundExchange Files Its Second Lawsuit Over Improper Royalties". Billboard. Retrieved 2 January 2018.
  22. ↑ "BRIEF-Mood media announces update to court proceedings involving its subsidiary MuzakLLC". Reuters. April 26, 2017. Retrieved 2018-01-10.
  23. ↑ "CRB Announces Webcasting Royalty Rates for 2016-2020 – Lower Rates for Broadcasters Who Stream, Minimal Change for Pureplay Webcasters | Broadcast Law Blog". Broadcast Law Blog. 2015-12-17. Retrieved 2018-01-24.
  24. ↑ Lewis, Randy (2015-04-13). "Fair Play, Fair Pay Act of 2015 would require radio to pay for music". Los Angeles Times. ISSN   0458-3035 . Retrieved 2018-01-08.
  25. ↑ Tobin, Jeffrey (2016-05-18). "Congress's Chance to Be Fair to Musicians". The New Yorker. ISSN   0028-792X . Retrieved 2018-01-08.
  26. ↑ Parisi, Paula (2017-06-12). "'Fair Play, Fair Pay' Radio-Royalty Act Gains Momentum, But Faces Uphill Climb". Variety. Retrieved 2018-01-07.
  27. ↑ "Copyright Office Has Thoughts on What Streaming Music Services Should Pay for Music". Recode. Retrieved 2018-01-09.
  28. ↑ "SoundExchange Debuts Search Tool for Song Codes". Billboard. Retrieved 2018-01-24.
  29. ↑ "SoundExchange Launches Free 20 Million Song Search Database". hypebot. Retrieved 2018-01-24.
  30. ↑ "SoundExchange's SXWorks launches free tool to fix widespread NOI copyright problem in the US - Music Business Worldwide". Music Business Worldwide. 2018-01-23. Retrieved 2018-01-24.
  31. ↑ "U.S. Copyright Royalty Board Rejects Webcasters, Embraces SoundExchange". WIRED. Retrieved 2018-01-24.
  32. ↑ "New Royalty Rules May Reshape Internet Radio". NPR.org. Retrieved 2018-01-24.
  33. ↑ Musgrove, Mike (2007-06-26). "Web Radio Stations Hope Silence Speaks Volumes About Fee Hike". The Washington Post . ISSN   0190-8286 . Retrieved 2018-01-24.
  34. ↑ Mills, Ben (2021-12-06). "My Catalog Update: Overlaps & Disputes - "Bulk Resolution" & Other Enhancements". SoundExchange. Retrieved 2023-10-06.
  35. ↑ "SoundExchange Overlaps & Disputes". MusicLibraryReport. Retrieved 2023-10-06.
  36. ↑ What to do about Soundexchange disputes , retrieved 2023-10-06
  37. ↑ Mills, Ben (2019-11-06). "Understanding My Catalog: A Guide To "Overlaps & Disputes"". SoundExchange. Retrieved 2023-10-06.
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