Sound Recording Performance Complement

One of the many requirements of webcasters is that they don’t exceed the Sound Recording Performance Complement, which is specified in 17 USC 114 (j)(13) .

Here, the law states, “The “sound recording performance complement” is the transmission during any 3-hour period, on a particular channel used by a transmitting entity, of no more than–

(A)

3 different selections of sound recordings from any one phonorecord lawfully distributed for public performance or sale in the United States, if no more than 2 such selections are transmitted consecutively; or

(B)

4 different selections of sound recordings–

(i)

by the same featured recording artist; or

(ii)

from any set or compilation of phonorecords lawfully distributed together as a unit for public performance or sale in the United States, if no more than three such selections are transmitted consecutively:Provided, That the transmission of selections in excess of the numerical limits provided for in clauses (A) and (B) from multiple phonorecords shall nonetheless qualify as a sound recording performance complement if the programming of the multiple phonorecords was not willfully intended to avoid the numerical limitations prescribed in such clauses.”

Display Requirements

All webcasters, according to law, are required to abide by certain requirements and prohibitions in order to qualify for the statutory license to webcast. Those requirements include, among others, paying the royalty, submitting reports of use, not exceeding the Sound Recording Performance Compliment (covered in another section), and the display of certain information concerning each song. Failure to follow these requirements prohibits a station from the use of the statutory license. If a station is prohibited from using the statutory license, it must secure agreements from each and every rights holder to a sound recording before transmitting it on the Internet (or other means of digital transmission, other than via broadcast).

For the purposes of this entry, we will only discuss display requirements.

17 USC 114 (d)(2)(c)(ix) specifies that “the transmitting entity identifies in textual data the sound recording during, but not before, the time it is performed, including the title of the sound recording, the title of the phonorecord embodying such sound recording, if any, and the featured recording artist, in a manner to permit it to be displayed to the transmission recipient by the device or technology intended for receiving the service provided by the transmitting entity”.

In summary, you are required to display the artist, song title and album (if any), for each song.