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October 9, 2013 Vol 2 Issue 2

IN THIS ISSUE SOUNDEXCHANGE TAKES A STAND FOR MUSIC CREATORS: FILES UNDERPAYMENT LAWSUIT AGAINST SIRIUSXM ...... 2 SOUNDEXCHANGE IS CELEBRATING “TEN YEARS IN PLAY” ...... 3 MUSIC MAKING BIG SOUNDS ON THE HILL ...... 6 ARTIST ROUNDTABLE WITH JENNIFER PAIGE . . . . . 8 JUNIOR’S MUST HAVE GEAR: KEYBOARDS AND BASSES AND ONDIOLINES! OH MY! ...... 13 SOUNDTRACK REWIND ...... 16 MUSIC APPS FOR MUSIC LOVERS ...... 17 MESSAGE TO DIGITAL RADIO SERVICE PROVIDERS: Follow us. LICENSEE ADJUSTMENTS ...... 22 Like us. Watch us. SX EVENTS CALENDAR ...... 23

www.soundexchange.com SOUNDEXCHANGE TAKES A STAND FOR MUSIC CREATORS: FILES UNDERPAYMENT LAWSUIT AGAINST SIRIUSXM On August 26, 2013, SoundExchange stood up for the creative community when it filed a lawsuit against SiriusXM to recover digital royalties representing between $50 to $100 million or more that were not paid between 2007 and 2012.

During this time, SoundExchange believes the satellite radio company took a number of impermissible deductions and exemptions in calculating its royalty payments to SoundExchange including those for pre-1972 sound recordings and certain channel packages containing music. SiriusXM also failed to pay the legally required fees due for several late payments within the same period.

“It’s our job and our mission to protect the value of music, both today and in the long-term. Musicians deserve to be paid for their creative contributions wherever they add value. That’s why we are taking this stand,” said SoundExchange President and CEO Michael Huppe.

It’s our job and our mission to protect the value of music, both today and in the long-term.

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2 SoundExchange is seeking to recover this money in order to pay artists and labels the money they are rightfully due.

“Put simply, we cannot sit by and watch this multi-billion dollar company reap record profits from the creative contributions of artists and labels without paying them everything they deserve,” said Huppe.

The case is SoundExchange Inc. v. Sirius XM Radio Inc., U.S. District Court, District of Columbia, No. 13-01290.

For more the complaint, FAQ and other details, visit the Advocacy section of the SoundExchange website.

SOUNDEXCHANGE IS CELEBRATING “TEN YEARS IN PLAY” This fall, SoundExchange is celebrating “10 Years in Play” representing both recording artists and record labels. SoundExchange, which collects and distributes digital royalties to artists and labels for their online and satellite radio streams, was initially formed in 2000 as an unincorporated division of the Recording Industry Association of America. The organization later became an independent digital performance rights nonprofit in 2003. SoundExchange has paid more than $1.5 billion to artists and labels, and will continue in its efforts to help protect and support the long-term value of music.

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2 Celebrating in D.C. Last week, SoundExchange held an event in Washington, D.C. to thank staff, board members (past and present), and those instrumental in raising the organization’s visibility during its formative years. SoundExchange President and CEO Michael Huppe addressed those gathered saying, “Let us remember that we’re all really here because of our love of music. Wherever we fit in the music ecosystem, whether you are artists, producers, labels or simply passionate music fans, our love of music is the one thing SoundExchange President and CEO that has not changed – and will not change — Michael Huppe and Tommy Boy Founder and CEO Tom Silverman when we meet again to celebrate our 20-year anniversary.”

SoundExchange President and CEO Michael Huppe Junior Marvin, Bob Marley & the Wailers 4

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 Help us celebrate a decade of moving music forward SoundExchange is launching a 10-day Twitter contest celebrating 10 Years in Play. To enter: Snap a photo of yourself holding a sign saying “Happy Tenth Anniversary SoundExchange,” and Tweet it @soundexchange using the hashtag #SX10yrs. Creativity is encouraged — it can be as simple as a piece of paper or as complex as a painted piece of art. Participants will be entered in a daily drawing to receive one of 10 SoundExchange t-shirts given out throughout the 10 days. Plus, one lucky participant will receive a grand prize 16 GB tablet.

Official rules can be found here.

Visit SoundExchange.com and www.facebook.com/SoundExchange throughout October to find out how you can continue celebrating 10 Years in Play.

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2 MUSIC MAKING BIG SOUNDS ON THE HILL If you’ve been following the ongoing discussion about the value of music and royalty rates in the news lately, you may have noticed that the temperature in the debate is escalating daily. While the back and forth between artists, labels, and services on all sides of the issue intensifies, lawmakers are not going to sit on the sidelines and wait for the industry to come to a resolution.

It is likely that the re-introduction of the Internet Radio Fairness Act (IRFA) will come in the next several months. When you strip away all of the rhetoric, the reality is that the passage of IRFA could result in dramatically lower digital radio royalties for recording artists and record labels. This threat has not gone unnoticed by the people it would hurt the most. SoundExchange board members — R&B singer Martha Reeves and American Federation of Musicians’ (AFM) President Ray Hair — in addition to members Roger Waters, David Gilmour and Nick Mason, Camper Van Beethoven and Cracker’s David Lowery and singer-, music producer Blake Morgan voiced their opposition in publications including USA Today, Huffington Post, and The Grio. The messages from these artists and artist representatives promote the same Stay tuned and follow fundamental idea: that the majority of working artists rely on digital sound recording @soundexchange and royalties to make ends meet, and they can’t afford a cut in royalty rates. @musicFIRST for the latest news. At the other end of the legislative spectrum, Congressman Mel Watt (D-NC), the Ranking Democrat on the House Committee on the Judiciary’s Subcommittee on Courts, Intellectual Property and the Internet, introduced a bill last week that would require radio broadcasters to compensate recording artists and labels for 6

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 the use of their sound recordings on traditional “terrestrial” radio. Currently, only and publishers have an AM/FM performance right. Rep. Watt’s bill, the “Free Market Royalty Act” would also almost entirely eliminate the statutory license in current law that allows Internet radio services access to all sound recordings. Under Rep. Watt’s bill both digital radio services and AM/FM broadcasters would have to sit down and negotiate a new performance royalty Efforts like this rate, but now they’d do it in a free market setting that, unlike today, doesn’t give them access to every artist’s music anyway if the negotiations break down. new bill are important because SoundExchange believes that the current statutory system for digital services they let artists generally works well, promotes growth in Internet radio and produces fair pay for know that their creators for the use of their recordings by digital radio. So long as the rules for setting champions in rates are fair, there is no reason that a similar system requiring AM/FM broadcasters Congress will to compensate performers under a statutory license wouldn’t also work. At the same time, Congressman Watt’s bill, by proposing that the statutory license be eliminated, be persistent will provoke a vigorous discussion of the value of that system. advocates for a full performance Efforts like this new bill are important because they let artists know that their right in a variety champions in Congress will be persistent advocates for a full performance right in of forms... a variety of forms, even in the face of powerful opponents, like those who were pushing the so-called Internet Radio Fairness Act (IRFA) last Congress.

Support Music’s Value Ultimately, the music community must to support the long-term value of music. SoundByte asks that you share the op-eds from these artists on your personal Facebook and Twitter accounts. Collectively, everyone can join together in the fight to support, protect and propel the music industry forward. #valuemusic. 7

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 ARTIST ROUNDTABLE WITH JENNIFER PAIGE Jennifer Paige is an award-winning recording artist who is continuing to make inroads in the music business since she debuted more than 15 years ago. The -bred singer-songstress has successfully navigated the ever- changing landscape of the music industry since her 1998 self-titled debut. Originally profiled in the December 2012 edition of SoundByte, Jennifer recently Jennifer Paige joined the Nashville-based Coury Palermo to form the duo Paige & Palermo. Their debut EP (Stay) was released in June 2013 and their follow-up EP (Go) was just released in September. Jennifer along with fellow recording artists Lance Bass, Kari Kimmel and Coury Palermo recently came together to share details about the music industry directly from the artists’ perspective.

The Artists’ Perspective By Jennifer Paige While there’s no shortage of advice for artists from credible resources online, what seems to be lacking is direction on not just how to SURVIVE as an artist in today’s industry but more importantly how to THRIVE. Who better to speak on the subject than artists who have done just that for more than a decade? I gathered a few artist friends to hear their unique perspectives. The roundtable included: 8

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 Lance Bass — Lance is a former *NSYNC member, Times bestselling author, Dancing with the Stars Season 7 finalist and currently hosts his own radio show, “Dirty Pop,” on SiriusXM channel 108.

Kari Kimmel — Kari is a singer-songwriter who has licensed songs in more than 250 films and television shows, including The Walking Dead and World War Z starring Brad Pitt. Artists such as The Backstreet Boys, Ke$ha and Demi Lovato have recorded Kari’s songs. She is busy working on her upcoming release, Black.

Coury Palermo — Coury is one-half of the duo, Paige & Palermo (with Jennifer Paige). The duo recently released their debut EP, Stay - it’s the follow up to Go, released on August 6, 2012. As a solo artist, Coury released several indie , and is a featured vocalist for projects such as Morgan Page, Justin Elswick (Sleepthief) and Tim Kellet (Simply Red).

Lance Bass Kari Kimmel Coury Palermo

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2 Jennifer Paige (JP): How have you personally adjusted your approach to being an artist since digital media became the new normal?

Lance Bass (LB): When *NSYNC decided to call it quits in 2002, social media was on the rise. The landscape was already changing and I instinctively knew that it was important for me to stay engaged with my fans. My radio show, “Dirty Pop” has been a great platform for me to continue reaching a wide variety of people with all different backgrounds, while staying on the pulse of new trends.

Kari Kimmel (KK): As an indie artist, I have the creative freedom to write whenever I feel like it, in whatever style I’m feeling that day — and then have an avenue for people to instantly hear that music, whether it’s on radio, television or streaming. It doesn’t have to come down to having a record deal anymore.

JP: Me too, . The fact that I can write a song, record and release it in 24 hours has been a total game changer.

JP: What is the best & worst part of being an artist in today’s industry?

Coury Palermo (CP): I’m torn daily between my thoughts of the empowerment versus the decline of the industry since the digital revolution. There are extreme positives and negatives to both arguments. The exciting thing about this business is there will always be the exceptions to the rule — artists that combine talent and business savvy to excel.

LB: It used to be all about making an that would sell, but the best part of 10 the singles market we’re experiencing now is that we can release something new

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 and test the waters in a way. Creatively, I think that’s great for artists. The biggest misstep I’m seeing is that it’s become all about the amount of followers and clicks something might get. I see it first hand on my show — kids can like a song for any number of reasons — likes and clicks aren’t necessarily a clear indication of the most popular songs, but they’re the ones getting the press and attention. Most artists are desperate to be seen and heard, so it’s become all about being creative with digital media and finding a way to get noticed.

KK: What’s difficult is that everyone is on much more of an even playing field than ever before — everyone has access to the same things. So, it’s almost like a survival of the fittest in a way.

JP: We definitely have more options than we’ve ever had before. And although that brings about opportunity, it can also bring confusion; for example, how can we know who will best represent our songs with so many options out there?

JP: Kari, how do you go about choosing who represents your songs for film and television when there are so many companies out there doing that now?

KK: Over the years, I’ve slowly built personal relationships with music supervisors and producers — some have become friends of mine, and those relationships are very important to me. But starting out, it’s good to pair up with people who have been doing it for a while, such as other songwriters and music placement companies. As your songs get licensed, you are building credibility for future songs and placements. Then you just keep following up. One huge placement can help break your career. 11

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 JP: What has your experience taught you? What advice could you give to someone with a dream to pursue a music career?

CP: Don’t be afraid to ask. If there is someone you would like to work with don’t be afraid to hunt down a contact email and reach out. Never stop learning. Study something in the industry you are unfamiliar with or that could possibly bring your game to a whole new level.

KK: Take the time to build relationships — it’s a process. These executives are getting hundreds of emails a day so finding an innovative way to stand out is important. Do your research. Find out what they are looking for, and if you have a song that fits. You could also try going to your performance rights organization to see if they have any advice for you.

LB: Ultimately, I think it still comes down to work ethic and talent. You have to work your ass off, and you don’t stop.

JP: Thank you all for your insight!

We must begin with the end in mind, and realize that this is not a hobby. Your music career needs to be more than a dream if you’re going to make it.

I think we all agree — it’s an exciting time to be a part of the music industry, and there are a multitude of opportunities ahead for the hard working, out-of-the- box-thinking artists. I believe we have much to gain, if only we can find new ways to cut through the noise and trust our instincts. 12

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 JUNIOR’S MUST HAVE GEAR: KEYBOARDS AND BASSES AND ONDIOLINES! OH MY! Korg Kronos Music Workstation http://www.korg.com/kronos Where would electronic and dance music be today without keyboards, workstations, and sequencers? With endless iterations of devices and contraptions, it can be a challenge to figure out the best gear to use when trying to capture that perfect, machine-generated sound. The Korg Chronos workstation can handle just about any task electronic music composers can throw at them. First introduced in 2011, the Kronos would appear on ’ 2012 album Elysium on “Parlophone,” and in subsequent live performances. The Pet Shop Boys continue to influence generations of electronic artists, especially on the production-side, and their equipment is worth noting. Expect the new Pet Shop Boys album Electric, released on their own new label X2 through Kobalt Label Services, to demonstrate the Kronos (or its next gen version Kronos X — a combination sequencer, workstation, and keyboard). The Kronos provides nine sound engines and, like its 2005 predecessor the OASYS, also uses a Linux-based operating system. The sound engines include sample library, virtual analog synth, and Korg’s flagship pulse-code modulation. The Kronos is available with 61, 73, or 88 keys.

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2 MTD635 Electric Bass http://www.mtdbass.com/ Another album of note this past summer is Apocalypse by bassist Stephen Bruner, aka Thundercat on Records. When one hears of a bass player fronting a record, stereotypes of slappity-pop, funkity- and other bass- driven gymnastics come to mind, perhaps courtesy of modern masters demonstrating that the electric bass is no mere guitar with fewer strings. Thundercat certainly delivers in the chops department, which are evident not only on his first solo releaseThe Golden Age of Apocalypse (2011), but as a sideman with notably disparate artists and . His own work veers toward the progressively artistic, without being excessively slap-happy, alternating among EDM, soul, and art rock. The compositions melt into ambient ruminations with dreamy chord retrogressions, and the irregular structures characteristic of space rockers from previous generations. Bruner’s main MTD Electric Bass bass is a custom Michael Tobias Design based on the 6-string MTD635 with 24-frets. That’s right: 24-frets, for all of those high Es. The MTDs are handmade, including custom active electronics by Bartolini, and a Buzz Feiten tuning system for more consistent intonation. The Piezo Bridge System is available for players looking for a more natural acoustic sound. Players can add an epoxy fingerboard as well, and MTD offers a variety of woods for the body, neck, and fingerboard. 14

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 Ondioline www.ondioline.com Not exactly residing in the “must have gear” category, the ondioline is a niche keyboard instrument that appeared in a handful of movie soundtracks in the 1960s. The rare upright keyboard was a forerunner to the modern synth, capable of creating electronic emulations of other instruments, as well as its own unique tone. A performer could create vibrato on the instrument by pulling on the keys to vary the pitch not unlike stringed instruments, which is an unusual feature for an ostensible percussion instrument. Renowned studio sideman Al Kooper brought the ondioline to the fore in Blood, Sweat & Tears’s first, arguably most seminal album, Child Is Father to Man (1967) on , which will be re-mastered and released this summer. The ondioline is featured prominently on the tune “Meagan’s Gypsy Eyes,” which gives a nice listen into some of the technology in use during the period. The instrument is no longer manufactured, and according to www.ondioline.com, fewer than 700 were ever built, so you would be lucky to encounter one in a pawnshop or yard sale!

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2 SOUNDTRACK REWIND RHYE: WOMAN (2013)

Rhye’s 2013-acclaimed album Woman is a remarkable musical embodiment of love.

The ever-ethereal LA-based duo Rhye, comprised of Denmark’s Robin Hannibal and ’s Mike Milosh, began to leak singles online from their album Woman in advance of its March 2013 release. The sounds of the album’s first two tracks, “The Fall” and “Open,” introduced audiences to a lush vocal styling comparable to Sade. Rhye maintained their elusive identity as their singles gained online notoriety. The mystique surrounding the duo allowed for their music to speak for itself.

It is Milosh’s voice that serves as the driving force of this album. It is fully stripped, exposing vulnerability without vulgarity, and evokes the subtle stimulation of tattered silk brushing against your skin. It begs for moments past in “Open” and layers a somber beauty over four lines in “One of Those Summer Days.” The melodies comprising the album elucidate the unevenness of love with beautiful buildups and abrupt endings, but each song could stand alone with Mike Milosh and a microphone.

Woman is an exploration of love’s delicate contours. Listeners are taken to an ambient haven as its intimacy escapes through breathy confessions restrained by a minimal backbeat. It is truly one of the most hauntingly beautiful albums of the year. 16

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 MUSIC APPS FOR MUSIC LOVERS Whether you are a music junkie or simply need help selecting music based on genre, finding your favorite music has never been easier. Most everyone has heard about Pandora, Last.fm and Spotify, but the following five apps deserve recognition for making it easier than ever to enjoy the music you love. These innovative music applications These innovative music applications can turn your iPhone, Android or tablet into can turn your iPhone, a powerhouse of music. Ranging from apps that can tell you when your favorite Android or tablet into band is coming into town to those that can convert your phone into a mobile musical instrument for the budding musician, we’ve got the 411 on the hottest a powerhouse ones (and all for $5 or less). of music.

AWEDITORIUM (FREE): If you are a visual person, music may not be the artistic experience you are looking for. But now, with Aweditorium, your musical experience is turned into an explosion of visual organization. Aweditorium ties together everything about an artist — lyrics, videos, photography, covers, music and more — and parades it in a beautiful, multi-touch display.

The Good: Aweditorium takes snapshots of different artists and places them in a giant tiled format. With a multitude of features, this app allows you to immerse yourself more deeply in music. You can share a new favorite with the touch of a button to Facebook and Twitter, see an interview or music video on YouTube, tap the screen for bios, double-tap for real-time lyrics, and pinch to pan back out to the grid. Another button also lets you see other songs by that artist. One tap lets you zoom into a high definition photo of a group or artist, and a track will play. 17

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 As the track plays, pop-up bubbles appear, giving you information about the artist you are listening to.

The Bad: This app is for people who like exploring, but not for those who like searching. You can’t search in Aweditorium and are left to simply navigate around a sea of unnamed images that come to life when tapped. It’s unclear how often the artists are rotated or updated, but there’s so much music in it that Aweditorium should keep you occupied for many hours.

Compatibility: Available for iPad (requires iOS 3.2 or later). Get it here.

BAND OF THE DAY (FREE): This app is like having a very plugged-in friend who recommends an interesting new band to you every single day. If you’re looking to constantly discover new music, that’s a very valuable thing to have.

The Good: Unlike many apps that offer free music for sampling, Band of the Day both closely curates the music it offers and gives you 3-5 songs to sample, which really assists in finding out if you like the musician.

The Bad: It leans heavily on a few genres — singer/songwriter, indie, folk and blues. If you like those genres, you’ll find this app very useful. Unfortunately, it has no options for fans of metal and some kinds of punk, hip hop and electronica.

Compatibility:Available for iPhone, iPad and iPod (requires iOS 5 or later). 18 Get it here.

October 9, 2013 www.soundexchange.com Vol 2 Issue 2 GARAGE BAND (FREE with any MacBook purchase or $4.99): Turn your iPad, iPhone, and iPod touch into a collection of touch instruments and a full-featured recording studio.

The Good: Even if you have no musical experience, this app will bring out the musician you never knew you were. GarageBand has an easy interface and is highly intuitive. The app offers several touch instruments, guitar amps and effects, eight-track recording and mixing, and more than 250 loops to help you create music. Use multi-touch gestures to play pianos, organs, guitars, drums, and basses. You can even plug an electric guitar into your iPad, iPhone, or iPod touch and gather your friends to play and record like a real band with Jam Session. Then mix up a track to create a song you can share in email or send directly to Facebook, YouTube and SoundCloud.

The Bad: While GarageBand is a recording studio that can fit in your pocket, it is not without its limitations. The app does not allow you to change the tempo in a song and you aren’t able to play external MIDI instruments. Additionally, automation is limited and the app does not allow you to print scores/sheet music.

Compatibility:Available on iPhone and iPad (requires iOS 5.1 or later). Get it here.

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2 (FREE): This app tracks your favorite bands so you never miss them live. The first time you open the app, it scans your music library, Google Play Music account and Last.fm account (if you have one), and then lists nearby shows for the bands in your catalog. Songkick works by indexing different ticket vendors, venue websites and local newspapers to create the most comprehensive database of upcoming concerts happening around the world. Songkick has every show happening anywhere, from your friend’s show at your local bar up to ’s tour stops in Tokyo.

The Good: Take the hassle out of finding out when your favorite bands are coming to your city: gone are the days of subscribing to a million different venue mailing lists, checking different websites, and sifting through generic concert newsletters. Receive notifications when big bands announce their performance dates so you won’t miss any of your favorite performances.

The Bad: The app can be frustrating and does not allow for manual entry of a band or artist. Instead, your favorite band is tracked by the music that you have saved on your device. Apart from that, your favorite band is also tracked via social networking sites like Facebook, which may be overkill for some.

Compatibility: Available for iPhone and Android phones, and tablets. Get it here.

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2 SOUNDHOUND (FREE AND $5): Move aside Shazam, there’s a new app identifying songs now. You can hum a tune into the phone and it’ll find the song and look up lyrics. The $5 version lets you identify an unlimited number of songs. Users of the free version get five tags monthly.

The Good: SoundHound is fast, offers a broad range of features and allows users to search, discover and share millions of songs. Features include voice search (simply type or speak your search), LiveLyrics (lyrics can scroll along with the music), and SoundHound is the only app that identifies songs you directly sing or hum into the phone.

The Bad: While SoundHound has its deep roots in and older catalogues, it is lacking with its recognition of more “popular” music. For that, Shazam is your better option.

Compatibility:Available for iPhone, iPod touch, iPad and Android phones. Get it here.

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2 MESSAGE TO DIGITAL RADIO SERVICE PROVIDERS: LICENSEE ADJUSTMENTS Digital radio services are generally required to submit Statements of Account (SOAs) to SoundExchange within 45 days after the end of each month. These SOAs calculate the liability owed for that month and, if a payment is due, the payment required. While it is imperative for services to submit timely and accurate SOAs and payments each month, SoundExchange realizes that there are times when a service must submit a corrected SOA after the deadline, and an additional payment (if needed).

While we are able to accept additional payments at any time, there are limits to the length of time in which we can honor the request for a credit or refund. Generally, if a service notifies us within 90 days after it sent an erroneous SOA, we are able to honor the request. In some instances, if the erroneously calculated payment was already distributed out to the recording artist or copyright holder, SoundExchange will not be able to honor the request. For this reason, services are encouraged to carefully review their SOAs before certifying and submitting them.

If you believe an error was made, please contact our Licensee Relations department ([email protected]) as soon as possible. As always, SoundExchange accepts and distributes payments without waiving the rights of artists or copyright owners.

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2 CMJ Music Marathon October 15 – 19, 2013 ACP/CMA National College Media Convention October 23 – 27, 2013 , La. CBI National Student Electronic Media Convention October 31 – November 2, 2013 San Antonio, Texas

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October 9, 2013 www.soundexchange.com Vol 2 Issue 2