$250 in 2004. The agreement allowed noncommercial webcasters at other tax exempt
institutions to pay an annual fee of between $200 and $500, depending upon whether the
webcasting is done through a single or multiple channels. The agreement applied retroactively to
October 28, 1998 and lasted through the end of 2004.^3177
In May of 2003, the Digital Media Association, the American Federation of Television
and Radio Artists, the American Federation of Musicians of the United States and Canada, and
the RIAA, acting under the provisions of the SWSA, agreed on a proposal for royalty rates to be
paid by eligible non-subscription services for the 2003 and 2004 statutory licensing period and
by new subscription services from 1998 through Dec. 31, 2004 (the “SWSA Agreement”), and
submitted the proposal to the Copyright Office for possible adoption without a CARP. The
agreement also established proposed rates for Internet streaming of AM/FM broadcasts. On May
20, 2003, the Copyright Office published the proposal for comment, which would establish the
royalty rates for each of the three categories of services set forth in the table below.^3178 On Feb.
6, 2004, the Copyright Office adopted the proposal as a final rule.^3179
Eligible Non-subscription
ServicesOption of paying royalties as follows:
Per Performance Option – 0.0762 cents per performance
for digital audio transmissions
Aggregate Tuning Hour Option – 1.17 cents per aggregate
tuning hour for all channels and stations except channels
and stations where the programming consists of non-music
programming, such as news, talk, sports or business
programming. For such non-music channels and stations,
the licensee must pay 0.0762 cents per aggregate tuning
hour.
Minimum Annual Fee: $2,500
Ephemeral Recordings: These rates will be deemed to
include the royalties payable for ephemeral recordings
New Subscription Services Options of paying royalties as follows:
Per Performance Option – 0.0762 cents per performance
for digital audio transmissions
Aggregate Tuning Hour Option – 1.17 cents per aggregate
tuning hour for all channels and stations except channels
and stations where the programming consists of non-music
programming, such as news, talk, sports or business
programming. For such non-music channels and stations,
the licensee must pay 0.0762 cents per aggregate tuning
hour.
Percentage of Subscription Revenues Option – 10.9% of
subscription service revenue, but in no event less than 27(^3177) 68 Fed. Reg. 35008 (June 11, 2003).
(^3178) 68 Fed. Reg. 27506 (May 20, 2003).
(^3179) 69 Fed. Reg. 5693 (Feb. 6, 2004).