Case information

Caption

Determination of Royalty Rates and Terms for Digital Performance of Sound Recordings and Making of Ephemeral Copies to Facilitate those Performances (Web VI)

Short name

Web VI

Docket number

23-CRB-0012-WR (2026-2030)

Joint petition to participate

Petitioners
SoundExchange Joint Petitioners
American Association of Independent Music
American Federation of Musicians of the United States and Canada
Screen Actors Guild-American Federation of Television and Radio Artists
Secretly Group
Sony Music Entertainment
SoundExchange, Inc.
UMG Recordings, Inc.
Warner Music Group Corp.
Statement of significant interest
1. SoundExchange, Inc. (“SoundExchange”). SoundExchange is a not-for-profit organization jointly controlled by representatives of sound recording copyright owners and artists. Its Board of Directors includes recording artist representatives, as well as representatives from the major record companies, independent record companies, the American Association of Independent Music, the American Federation of Musicians, SAG-AFTRA, and others. SoundExchange has advocated on behalf of artists and copyright owners in numerous prior proceedings, and the Copyright Royalty Judges have repeatedly designated SoundExchange as the Collective to receive and distribute Section 112 and 114 royalties. SoundExchange has collected and distributed more than ten billion dollars in statutory royalties on behalf of more than 650,000 featured recording artist and sound recording copyright owner accounts. SoundExchange thus represents the interests of sound recording copyright owners and featured artists who are entitled to a portion of the royalties paid by services claiming the benefits of the statutory licenses. Accordingly, SoundExchange, on its own behalf and on behalf of sound recording copyright owners and artists, has a significant interest in the royalty rates and terms that are the subject of this proceeding. ———2. The American Federation of Musicians of the United States and Canada (“AFM”). AFM is represented on SoundExchange’s Board of Directors. It is the largest organization in the world representing the interests of professional musicians, including the interests of royalty artists and session musicians. Many of AFM’s members own copyrighted sound recordings for which the royalty rates and terms will be determined in this proceeding, and many more receive and depend on royalty distributions under Section 114, the rates and terms of which will be determined in this proceeding. AFM thus has a significant interest in this proceeding. ———3. The American Association of Independent Music (“A2IM”). A2IM is represented on SoundExchange’s Board of Directors. It is a not-for-profit trade organization representing a diverse group of over 600 independently owned American record labels. A2IM’s independent community includes music labels of all sizes and staffing levels across the United States, representing all musical genres. Most of A2IM’s members own copyrighted sound recordings that are subject to the statutory license for which this proceeding will be determining the royalty rates and terms for the period beginning January 1, 2026, and ending December 31, 2030. A2IM thus has a significant interest in this proceeding. ———4. Screen Actors Guild–American Federation of Television and Radio Artists (“SAG-AFTRA”). SAG-AFTRA is represented on SoundExchange’s Board of Directors. It brings together two venerable American labor unions: the Screen Actors Guild and the American Federation of Television and Radio Artists. It is the largest performers’ union in the world, representing approximately 160,000 members, including many singers, recording artists, vocalists, and other performers on sound recordings. SAG-AFTRA plays a significant role in the music community by engaging in groundbreaking collective bargaining agreements, especially with its members’ digital performances of sound recordings over the internet. Many of SAG-AFTRA’s members own copyrighted sound recordings for which the royalty rates and terms will be determined in this proceeding, and many more receive and depend on royalty distributions under Section 114, the rates and terms of which will be determined in this proceeding. SAG-AFTRA thus has a significant interest in this proceeding. ———5. Secretly Group. Darius Van Arman, Co-Founder and Co-Owner of Secretly Group, is a member of SoundExchange’s Board of Directors. Secretly Group is composed of four independent record labels—Dead Oceans, Jagjaguwar (founded by Mr. Van Arman), Saddest Factory Records and Secretly Canadian—each of which owns a catalog of copyrighted sound recordings. Many of those copyrighted sound recordings are subject to the statutory license for which this proceeding will be determining the royalty rates and terms for the period beginning January 1, 2026, and ending December 31, 2030. Secretly Group thus has a significant interest in this proceeding. ———6. Sony Music Entertainment (“SME”). SME is represented on SoundExchange’s Board of Directors. It is one of the largest record companies in the United States, and with its subsidiaries owns one of the largest catalogs of copyrighted sound recordings. Most of those copyrighted sound recordings are subject to the statutory license for which this proceeding will be determining the royalty rates and terms for the period beginning January 1, 2026, and ending December 31, 2030. SME thus has a significant interest in this proceeding. ———7. UMG Recordings, Inc. (“UMG”). UMG is represented on SoundExchange’s Board of Directors. It is one of the largest record companies in the United States, and with its affiliates owns one of the largest catalogs of copyrighted sound recordings. Most of those copyrighted sound recordings are subject to the statutory license for which this proceeding will be determining the royalty rates and terms for the period beginning January 1, 2026, and ending December 31, 2030. UMG thus has a significant interest in this proceeding. ———8. Warner Music Group Corp. (“WMG”). WMG is represented on SoundExchange’s Board of Directors. It is one of the largest music companies in the United States, and with its subsidiaries owns one of the largest catalogs of copyrighted sound recordings. Most of those copyrighted sound recordings are subject to the statutory license for which this proceeding will be determining the royalty rates and terms for the period beginning January 1, 2026, and ending December 31, 2030. WMG thus has a significant interest in this proceeding.
Representative(s)
Scott Edelman
Milbank LLP

Atara Miller
Milbank LLP

Andrew Porter
Milbank LLP
Filer
Scott Edelman
Milbank LLP
Submitted date
02/05/2024