Does an Internet Talk Show Require Royalty Payments to SoundExchange?

[Allison]

Hello, this is my first post, and after having spent approximately the last 48 hours searching for a definitive answer, I thought it might be helpful to get some other people's opinions.

NOTE: It is entirely understood that any opinions offered should not be construed as legal advice, and as such any reply shall be viewed solely as an individual's personal opinion.

My show and the larger network are set for a September launch, and it is my most sincere desire to comply with statutory regulations, thus hedging against any potential for copyright claims. As such, it is nice to see BMI and ASCAP have finally managed to make the process of applying for the appropriate license both far more affordable and extremely efficient via each organization offering online processing.

However, it is still somewhat a mystery whether or not the show/network will need to register with SoundExchange as my reading of the 37 CFR §270.3-Paragraph(b) 8-iii(A) indicates that incidental use for bumpers, stingers etc do not qualify as a performance.

The relevant section of TITLE 37 C.F.R is as follows:

37 CFR §270.3 b
...

(8)
...
(iii) An incidental performance that both:

(A) Makes no more than incidental use of sound recordings including, but not limited to, brief musical transitions in and out of commercials or program segments, brief performances during news, talk and sports programming, brief background performances during disk jockey announcements, brief performances during commercials of sixty seconds or less in duration, or brief performances during sporting or other public events and

(B) Other than ambient music that is background at a public event, does not contain an entire sound recording and does not feature a particular sound recording of more than thirty seconds (as in the case of a sound recording used as a theme song).