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I.
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 submit monthly Statements of Account, online at
https://licenseedirect.soundexchange.com/accounts/login, calculating year-to-date liability, within 45 days after the
end of such 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.
SoundExchange will not confirm receipt of payments. If a service requires confirmation of receipt, please use
registered mail, return receipt requested, or an express/overnight delivery service with tracking ability. Services using
Licensee Direct for royalty submission have online access to receipt confirmation. E-mail
licenseerelations@soundexchange.com for more information.
Services unclear of their eligibility to operate as a Business Establishment Service should seek legal counsel. For
more information regarding these and other obligations, please visit: www.soundexchange.com/service-
provider/.
If you have questions, please contact LICENSEERELATIONS@SOUNDEXCHANGE.COM.
SUBMITTING:
If you already have a Licensee Direct Account, and do not need to make any changes from your 2019 form,
please log in to Licensee Direct to confirm and certify your 2020 form, and (if desired) submit payment online.
If you do not already have a Licensee Direct account, or need to make changes from your 2019 form, please email this
form to licenseerelations@soundexchange.com and request access or the applicable changes. 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 and a hard copy
of this form to:
SoundExchange, Inc.
P.O. Box 75202
Baltimore, MD 21275-5202
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.
Office Use Only – BES – Minimum 8-26-2019
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
