I. DUE DATE FOR ANNUAL MINIMUM FEE

If initial {{ ctrl.configOpts.formYear }} reliance on statutory license occurs between January 1 and January 31, {{ ctrl.configOpts.formYear }}, this annual minimum fee form and payment is due by {{ ctrl.configOpts.janDueDate | nextBusDay:'MMMM D, YYYY'}}.

If initial {{ ctrl.configOpts.formYear }} reliance on statutory license occurs between February 1 and December 31, {{ ctrl.configOpts.formYear }}, this annual minimum fee form and payment is due by 45 days after the end of the month in which initial reliance on the statutory license occurs.

II. ELIGIBILITY FOR BUSINESS ESTABLISHMENT SERVICE RATES AND TERMS

The Licensee identified above hereby declares that it is eligible for the rates and terms for the statutory license for the making of ephemeral recordings by Business Establishment Services published at 37 CFR Part 384, and 78 Fed. Reg. 66, 276 (Nov. 5, 2013). In general, Business Establishment Services are Licensees which create ephemeral recordings as described in Section 112 of the Copyright Act, to be used exclusively to create public performances of sound recordings via digital transmission by the Licensee into business establishments, as described by 17 U.S.C. 114(d)(1)(C)(iv).

The Licensee also acknowledges that it is required to calculate royalties (monthly Statements of account), online at https://licenseedirect.soundexchange.com/ calculating year-to-date liability, within 45 days after the end of each month.

The Licensee further acknowledges that it is required to submit Reports of Use on a monthly basis, as described in the rates and terms. For more information regarding these and other obligations, please visit https://www.soundexchange.com/service-provider/.

SoundExchange will not confirm receipt of payments delivered by mail. If a service requires confirmation of receipt, please use SoundExchange Licensee Direct, registered mail, return receipt requested, or an express/overnight delivery service with tracking ability.

If you have questions, please contact licenseerelations@soundexchange.com

III. NOTICE

Services that have filed a Notice of Use of Sound Recordings under Statutory License with the Copyright Office are obligated to comply with all requirements of the statutory licenses under Sections 112 and 114 of the Copyright Act. It is the responsibility of each such service to ensure that it is in full compliance with the requirements of the statutory licenses under 17 U.S.C. §§ 112 & 114. SoundExchange is not in a position to determine whether each of the many services that rely on these statutory licenses is eligible for statutory licensing and does not in fact make any such determination. Nor does SoundExchange verify that such services are in full compliance with all applicable requirements of the two statutory licenses. Accordingly, SoundExchange’s acceptance of services’ payment does not express or implies any acknowledgment that a service is in compliance with the requirements of the statutory licenses or otherwise eligible to rely on the statutory licenses. SoundExchange, its members and other copyright owners reserve all their rights to take enforcement action against a service that is not in compliance with those requirements, regardless of any royalty payments such service may have made to SoundExchange.

IV. SUBMITTING:

If you already have a Licensee Direct Account please log in to Licensee Direct to confirm and certify your {{ ctrl.configOpts.formYear }} form, and (if desired) submit payment online.

If your service is new you will receive an email invitation to Licensee Direct shortly after receipt of this form. After you gain access to Licensee Direct, or after the changes have been made to your account, please submit your payment online or by mail.

To pay via check, please mail the check to:
SoundExchange, Inc.
P.O. Box 75202
Baltimore, MD 21275-5202

If using a courier or overnight delivery:
Lockbox Services 75202
Wells Fargo Bank
7175 Columbia Gateway Drive
Attn: SoundExchange, Inc., Lockbox 75202
Columbia, MD 21046
Tel.: 1-800-289-3557

Please email licenseerelations@soundexchange.com or call 202-559-0555 with any questions.