The Copyright Royalty Board has released the rates for 2011 through 2015 for those webcasters not covered by last year's Webcaster Settlement Act agreements. The rates are currently set at $0.0019 per performance per performance in 2010 and will remain unchanged until 2012.
The CRB rejected Live365's proposed rates of $0.0009 per performance as well as SoundExchange's proposed rates of $0.0021 beginning in 2011 and rising to $0.0029 in 2015. Live365 did not opt into the settlement agreements and chose instead to litigate.
The rates through 2015 are:
-- 2011: $0.0019 per performance
-- 2012: $0.0021 per performance
-- 2013: $0.0021 per performance
-- 2014: $0.0023 per performance
-- 2015: $0.0023 per performance
(A "per performance" rate means the royalty is paid for a song played to one listener . So, if a webcaster streams 1,000 songs, the total royalty using the 2011 rate would be $0.0019 x 1,000 = $1.90.)
There are many other details in the CRB's decision (such as rates for noncommercial webcasters and broadcasters who did not opt into the settlement). Read more at a helpful blog post at Broadcast Law Blog.
Many webcasters, including market-leading Pandora, have already accepted the lower rates from a settlement with SoundExchange. Compared to the recently announced rates, the rates reached in the settlement are lower in the early part of this time period ($0.0016 in 2011 and $0.0017 in 2012) and higher in later year ($0.0023 in 2014 and $0.0025 in 2015).