Attorneys Brendan Holland and David Oxenford in the Washington, D.C., offices of Seattle law firm Davis Wright Tremaine have a very insightful and helpful blog on broadcast law:
"In recent months, SoundExchange has been reaching out to webcasters
seeking to identify those who are delinquent in their royalty payments for music used on the Internet. Numerous broadcasters and webcasters have received calls or letters from SoundExchange seeking information about apparent underpayments or missing mandatory reports of royalty liability that should be filed regularly by webcasters. Some webcasters may believe that, as the rates for Internet radio music use for 2006-2010 have not yet been established, they don’t have to pay anything until those rates are set. That is not correct, as the legislation adopted in 2005 which established the Copyright Royalty Board also specifically required that fees be paid at the old rates until a new rate structure is adopted."