`
`
`
`
`
`
`
`
`
`
`
`
`
`ASCAP’s Survey and Distribution System:
`Rules & Policies
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`As of June 2014
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`v3
`
`1
`
`SAMSUNG-1041
`
`

`

`This document sets forth the rules and policies governing the ASCAP survey and
`distribution system, as adopted by ASCAP’s Board of Directors, as follows:
`
`
`Section 1: General Principles of the ASCAP Survey, Pages 2-3
`Section 2: The ASCAP Distribution System, Pages 3-5
`Section 3: The Writers’ and Publishers’ Distribution Formulas, Pages 6-9
`Section 4: The Weighting Formula, Pages 9-18
`Section 5: Annual Statements, Page 18-19
`Section 6: Index to Defined Terms, Pages 19-21
`
`
`
`
`
`* * *
`1. GENERAL PRINCIPLES OF THE ASCAP SURVEY
`
`1.1
`For many decades, ASCAP’s distribution of royalties to its members has been guided by
`certain basic principles. ASCAP’s goal is to design and implement an efficient survey and
`distribution system that enables ASCAP to track music use on radio, television, the Internet, live
`venues and other media, determine which music has been performed, and pay the appropriate
`writers and publishers. The ultimate purpose of the survey and distribution system is to ensure
`that royalty payments to members reflect fairly the value of performances in the various
`surveyed media, and that the methods and formulas employed for such distributions are disclosed
`fully and clearly to all members.
`
`1.2
`“Follow-the-dollar” is the chief principle underlying the survey and distribution system:
`The royalty distributions made to members for performances in each licensed medium should
`reflect the license fees paid by or attributable to users in that medium.
`
`1.3
`A second basic principle is that different types of performances have different values,
`even within the same medium. Those values should be reflected in a distribution system that
`gives appropriate weight to those different types of performances, and does so in an objective
`fashion that does not judge the subjective artistic merit of any work. The weights assigned to
`performances are set forth in the Weighting Formula, which are applied equally to all works
`regardless of their identity.
`
`1.4
`Another important principle is that distributions be on a basis that gives primary
`consideration to the actual performance of members’ compositions as indicated by regularly
`conducted, objective and statistically valid surveys of performances in the various media
`licensed by ASCAP.
`
`1.5 Whenever feasible, ASCAP conducts census or sample surveys of the performances of
`the compositions of its members. The surveys are designed and reviewed periodically by an
`independent survey expert. If a sample is used, licensees or performances may be grouped so as
`to reflect differences in economic value of performances insofar as practical, taking into account
`the added costs and complexity of finer groupings. Sample surveys are selected randomly and
`weighted appropriately by the use of statistical multipliers that reflect the share of the hours or
`performances sampled from the various groupings. The size of the sample may differ among the
`various groupings, and may take into account survey costs and considerations of sampling
`2
`
`
`
`

`

`efficiency. Where survey costs and considerations of sampling efficiency make it impractical to
`conduct a sample survey of licensees or performances, proxies of performances in other media
`are used.
`
`1.6
`The census and sample surveys are designed to reflect accurately the number and
`identification of performances and the revenue attributable to those performances. Economic
`multipliers are applied to the results of the census and sample surveys to reflect the proportion of
`ASCAP’s revenue attributable to the various groupings of performances or licensees. In
`determining the revenue attributable to television network broadcasts and, by analogy, that
`attributable to certain other similar media, ASCAP takes into consideration the revenue received
`from affiliated stations’ commercial announcements adjacent, and reasonably attributable, to
`network programs carried by the affiliates (often referred to as the “spot adjustment factor”).
`
`1.7
`Surveyed performances may be identified from a variety of sources, including recordings
`of broadcasts (analyzed by ASCAP’s music experts), computerized program schedules obtained
`from industry sources, logs furnished by broadcasters and other music users, and cue sheets
`prepared by film and television program producers.
`
`1.8
`There are billions of performances licensed by ASCAP each year. ASCAP is committed
`to distributing royalties for these performances to its members fairly, accurately, and efficiently.
`
`2. THE ASCAP DISTRIBUTION SYSTEM
`
`
`2.1 Writer Distributions. Each writer hereafter elected to membership will receive domestic
`royalties in accordance with the Current Performance Plan (as described in Section 3.1.3), based
`on performances of the member’s works included in the Society’s repertory and surveyed in the
`same survey quarter(s) as are then applicable for all other writer members.
`
`2.1.1 A writer who was elected to membership before April 1, 2014 and receives distribution
`on the Current Performance Plan shall have an option prior to October 1 of each calendar year to
`receive distribution on the Averaged Performance Plan (as described in Section 3.1.2) effective
`for the first quarterly distribution in the succeeding calendar year.
`
`2.1.2 A writer who receives distribution on the Averaged Performance Plan shall have the
`option to receive distribution on the Current Performance Plan effective for the first quarterly
`distribution in the succeeding calendar year.
`
`2.1.3 An election made pursuant to Sections 2.1.1 or 2.1.2 must be made in writing prior to
`October 1 of each calendar year and shall apply to the first distribution in the succeeding
`calendar year and thereafter for a period of not less than four (4) calendar quarters beginning
`with the quarter in which it first becomes effective until cancelled by notice in writing. Notice of
`such cancellation given prior to October 1 of any year pursuant to Sections 2.1.1 or 2.1.2 shall be
`effective for the first distribution in the succeeding calendar year and shall apply thereafter for a
`period of not less than four (4) calendar quarters.
`
`2.1.4 A writer who receives distribution on the Averaged Performance Plan and who receives
`$25.00 or less in any domestic distribution in 2014 or later shall be switched to the Current
`3
`
`
`
`

`

`Awards. ASCAP may make special awards as follows:
`
`Performance Plan, effective for the succeeding quarterly distribution, and shall not thereafter be
`eligible to receive distributions on the Averaged Performance Plan.
`
`2.2
`
`2.2.1 To writer members whose works are substantially performed in media not surveyed by
`ASCAP, or whose works have a unique prestige value for which adequate compensation would
`not otherwise be received, as determined by an independent panel appointed for that purpose by
`the writer members of the Board of Directors, in a total amount not to exceed 0.5% of the
`Society’s total distributable revenues.
`
`
`2.2.2 To writer members whose works have a unique prestige value for which adequate
`compensation might not otherwise be received, as determined by Management following
`guidelines specified by the Board of Directors, in a total amount not to exceed 3% of the
`Society’s total distributable revenues.
`
`2.2.3 To writer members whose works are performed on television and have a unique prestige
`value for which adequate compensation might not otherwise be received, as determined by
`Management following guidelines specified by the Board of Directors, in a total amount not to
`exceed l% of the Society’s total domestic distributable revenues.
`
`Publisher Distributions. Each publisher member shall receive distribution of domestic
`2.3
`royalties on a current performance basis as set forth in Section 3.2, “Publisher Distribution
`Formula.”
`
`Foreign Distributions. All members shall receive distributions of royalties remitted to
`2.4
`ASCAP by affiliated foreign performing rights societies on the basis of performance data
`provided to ASCAP by such societies, less ASCAP’s operating expenses incurred in processing
`such distributions. From time to time, affiliated foreign performing rights societies remit
`royalties to ASCAP for public performances in their respective territories, and the accompanying
`performance data does not list all of the writers shown in ASCAP’s title database for a particular
`work. In those situations where the performance data can be matched to a particular work in the
`ASCAP title database, the royalties received for performances of such works will be
`proportionally divided among all ASCAP writers listed in ASCAP’s title database, pursuant to
`their shares in ASCAP’s title database.
`
`Credit Amounts. ASCAP shall not promulgate any rules making distinctions as to the
`2.5
`amount of credit given to various works or performances except as set forth in Section 4,
`“Weighting Formula.”
`
`Public Domain Works. ASCAP shall grant no performance credits to any member for
`2.6
`performances of compositions occurring after they are in the public domain, provided, however,
`that ASCAP may grant performance credits to either a publisher member or a writer member, or
`both, for performances of copyrighted arrangements of public domain works where the recipient
`of the performance credit holds a valid existing copyright covering said arrangement.
`
`
`
`
`4
`
`

`

`Distribution to Certain Non-Member Writers. ASCAP may make distributions to
`2.7
`writers who are not members of the Society with respect to their compositions published by
`ASCAP members, provided that performing rights in such compositions (1) have not been
`granted to any other performing rights licensing organization for performance in the United
`States, or (2) if granted, shall have been released by such organization. Any such distributions
`shall be computed in accordance with the Current Performance Plan, as described in Section
`3.1.3.
`
`The Radio Feature Premium. The Society may make additional payments in a fiscal
`2.8
`survey quarter year to works achieving high level of Feature Performances in the Society’s radio
`survey, as such levels shall be determined by the Society; provided, however, that such
`additional payments shall be based solely on the number of radio Feature Performance credits
`received by the work in such fiscal survey quarter year.
`
`Television Premium. The Society may make additional payments for Theme,
`2.9
`Background, and Feature Performances in highly rated syndicated series in three (3) groupings:
`(1) series on local television stations, (2) series on primetime network television, and (3) series
`on daytime network television.
`
`2.10 Cash Basis of Distributions. All distributions are made on a “cash,” rather than an
`“accrual,” basis. Thus, for example, in each calendar quarter, a domestic distribution is made of
`the distributable revenue budgeted to be received during that quarter. The amount of each
`member’s distribution in that quarter is based on surveyed performances that occurred two (2)
`(for publishers) or three (3) (for writers) quarters previously, those prior performances
`representing a proxy of the performances which have occurred during the quarter for which
`distributable revenue is being paid. Resigned members receive distributions based only on the
`distributable revenue received through the date of their resignation, subject to the Society’s rules
`and regulations applicable to resigning members. For purposes of this provision, “distributable
`revenue” includes monies allocated for distribution pursuant to Section 2.2 or similar awards
`programs.
`
`2.11 Timing of Crediting and Payment. All performances are valued on the basis of the
`statistical weights, distribution formulas, and credit values (“distribution rules”) in effect at the
`time of the distribution in which they are processed. ASCAP generally credits domestic
`performances based on a quarterly survey; symphony, recital and educational concerts and
`certain other live performances are processed annually. As noted in Section 2.10, quarterly
`distributions are based on performances that occurred two (2) (for publishers) or three (3) (for
`writers) quarters previously. In some cases, performances may be processed later than expected
`as, for example, due to late receipt of performance information. In such cases, performances are
`valued based on the distribution rules in effect at the time the performance information is
`processed. No interest is paid on distributions for any reason, including delay or late processing
`and delayed or late payment due to pending disputes with third parties.
`
`2.12 Adjustments to Crediting and Payment. In each distribution quarter, adjustments may
`be required for performances already processed, and for which credits have already been
`generated, in prior distributions. Such adjustments may result, for example, from newly obtained
`information about member affiliation, share changes, durations of performances, and new title
`5
`
`
`
`

`

`registrations. Because such adjustments apply to performances already credited, they result in a
`re-allocation of existing credits that were calculated at the time of the original distribution, using
`the distribution rules in effect at the time of the original distribution. No interest is paid on
`adjustments to distributions for any reason.
`
`
`3. THE WRITER AND PUBLISHER
`DISTRIBUTION FORMULAS
`
`
`3.1 Writer Distribution Formula.
`
`3.1.1 The writers’ distributable revenues shall be computed for each calendar quarter and
`distributed quarterly.
`
`3.1.2 Averaged Performance Plan. The following rules shall govern any distribution of the
`Averaged Performance Plan (revenues distributable under the “Current Performance Plan” shall
`be computed and distributed as provided in Section 3.1.3):
`
`
`3.1.2(i) The Current Performance Distribution Fund. Distribution to each writer member
`(hereinafter called “writer”) from this fund shall be calculated on the basis of the number
`of performance credits of such writer recorded during the most recent available fiscal
`survey quarter year multiplied by the performance credit value for that quarter year,
`multiplied by 20%.
`
`
`
`3.1.2(ii) The Five Year Averaged Performance Distribution Fund. Distribution to each
`writer from this fund shall be calculated by (a) multiplying the individual writer’s
`performance credits for the most recent 20 fiscal survey quarter years (including the
`current fiscal survey quarter year) in which the writer received distribution under this
`system by the corresponding performance credit value for each such quarter year, (b)
`averaging the results of those calculations and (c) multiplying the average by 60%.
`
`3.1.2(iii) The Ten Year Averaged Performance Distribution Fund. Distribution to each
`writer from this fund shall be calculated by (a) multiplying the individual writer’s
`performance credits for the most recent 40 fiscal survey quarter years (including the
`current fiscal survey quarter year) in which the writer received distribution under this
`system by the corresponding performance credit value for each such quarter year, (b)
`averaging the results of those calculations and (c) multiplying the average by 20%.
`
`3.1.2(iv) Note on Computations. In computing distributions under this Plan, performance
`credits recorded during quarters when the member received payment on a current
`performance basis shall not be considered.
`
`
`3.1.3 Current Performance Plan. An electing writer member shall receive a distribution each
`quarter which bears the same relationship to the share of distributable revenues to all electing
`writers as the writer member’s current performance credits in the applicable fiscal survey quarter
`year bear to the total performance credits of all electing writer members for such period. The
`distributable revenue for all writers receiving distribution on a current performance basis
`
`
`
`6
`
`

`

`(pursuant to this Section 3.1.3) shall be the total distributable revenue less amounts distributed
`pursuant to Section 3.1.2.
`
`3.1.4 Distributions to New Writer Members. A writer member is a new member when first
`elected, or when re-elected if the writer had previously been a member of ASCAP or a member
`or an affiliate of another United States performing rights licensing organization. The Society may
`accelerate all or part of the distributions to a new writer member for performance credits
`received pursuant to Section 3.1.3 above and performance credits recorded during the writer’s
`first two (2) years of membership, provided that all new writer members are treated alike.
`
`3.2
`
`Publisher Distribution Formula.
`
`
`3.2.1 The publishers’ distributable revenues shall be computed for each calendar quarter and
`distributed quarterly. A publisher member shall receive a distribution each quarter which bears
`the same relationship to the share of distributable revenues to all publishers as the publisher
`member’s performance credits in the applicable fiscal survey quarter year bear to the
`performance credits of all publisher members for such period.
`
`3.2.2 The first distribution to a new publisher member shall be made in the first fiscal
`distribution quarter following the publisher’s election to membership and shall be based on the
`number of performance credits of such publisher in the fiscal survey quarter first serving as a
`basis for distribution to all other publishers, multiplied by the value of a performance credit for
`such quarter.
`
`3.3 Distribution for Resigning Writer Members and Publishers
`
`
`3.3.1(i) If, in the case of a resigning writer or publisher member, the Society shall
`continue to have the right to license the performing rights in the United States to a work
`or works of such writer or publisher as a result of continued membership in the Society of
`one (1) or more of the members in interest with respect to such work or works, and if no
`other performing rights licensing organization has any such right, distributions shall
`continue to be made to such resigning member subsequent to his resignation from the
`Society–for so long as the Society retains such licensing right, and no other performing
`rights licensing organization has any such right–on the basis of performance credits
`recorded for such work or works. The Society may require such resigning member to
`acknowledge that the Society retains such right and that no other performing rights
`licensing organization has any such right. In the event such resigning member fails so to
`acknowledge, such resigning member shall not be entitled to any payment pursuant to
`these provisions.
`
`3.3.1(ii) A writer or publisher member who has received an advance may not resign from
`membership before the advance has been fully recouped except that if an advance has not
`been fully recouped within five (5) years, the member may thereafter repay the
`unrecouped balance and exercise the right to resign.
`
`
`
`
`
`7
`
`

`

`3.3.2 With respect to all other works of the resigning writer or publisher member, distributions
`shall continue to be made to such resigning member subsequent to his resignation from the
`Society on the following basis:
`
`3.3.2(i) An amount shall be calculated as to each of the funds described in
`Sections 3.1.2(i)-(iv) (or pursuant to 3.1.3) based on performance credits recorded for
`such works attributable to performances made under unexpired licenses in surveyed
`media;
`
`
`3.3.2(ii) An amount shall be calculated as to each of the funds described in 3.1.2(i)-(iv)
`(or pursuant to 3.1.3) based on performance credits recorded for such works attributable
`to performances in media used as proxies for performances made under unexpired
`licenses in media not surveyed by the Society for four (4) quarterly distributions after the
`resignation of such member (and not thereafter), the first such distribution to be equal to
`the full amount of such performance credits, the second such distribution to be equal to
`75% of such performance credits, the third such distribution to be equal to 50% of such
`performance credits, and the fourth such distribution to be equal to 25% of such
`performance credits.
`
`4.1
`
`
`4. THE WEIGHTING FORMULA
`
`In awarding credit for a performance appearing in the Society’s survey, no distinction shall be
`made on the basis of the identity or use of the work performed, except as provided in this
`Weighting Formula.
`
`Terms. Please refer to Section 6: Defined Terms.
`
`4.2 Credit for Feature Performances.
`
`4.2.1 For radio performances, each Feature Performance of a work shall receive one (1) Use
`Credit for the first performance and 10% of a Use Credit for each subsequent performance on a
`Single Program, provided that no work shall receive more than two (2) Use Credits for a Single
`Program.
`
`4.2.2 A Feature Performance of a Non-Qualifying Work on television, or performances in any
`other audio-visual medium, shall be computed on a per-second basis, pro-rata to the weight of
`one (1) Use Credit for a performance of one (1) minute in duration; provided, however, that in no
`event shall such performance receive more than two (2) Use Credits.
`
`4.2.3 A Feature Performance of a Qualifying Work on television, or performances in any other
`audio-visual medium, shall receive one (1) Use Credit for a performance of up to one (1) minute
`in duration. A performance that is longer than (1) minute in duration shall be computed on a per-
`second basis pro rata to the weight of one (1) Use Credit for one (1) minute of performance;
`provided, however, that in no event shall such performance receive more than two (2) Use
`Credits.
`
`
`
`
`8
`
`

`

`If (i) analysis indicates that there are inaccuracies in listing the compositions performed
`4.2.4
`or describing the manner of the performance on reports received for certain programs, and (ii)
`such information is prepared by a member or by a person associated with a member, and (iii) the
`Society does not have and the user or the member are unable to furnish the Society with a film,
`video, or other audio-visual recording of the program, then it shall be presumed that the works of
`the member were not Feature Performances on the program, in which case such usage would be
`treated as Themes or Background Music as appropriate.
`
`4.3
`
`Credit for Performances as a Theme, Background Music, Cue or Bridge Music, or
`Announcement.
`
`
`4.3.1 Qualifying Works.
`
`
`4.3.1(i) A work complying with both of the following tests shall be treated as a
`Qualifying Work for its performance as a Theme, Background Music, Cue Music or
`Bridge Music, or announcement:
`
`4.3.1(i)(a) an accumulation of 40,000 radio and television Feature
`Performance credits since October 1, 1959; and
`
`4.3.1(i)(b) an accumulation of 10,000 radio and television Feature Performance
`credits during the five (5) latest available preceding fiscal survey years, toward
`which total not more than 3,000 credits shall be counted for any one (1) of such
`survey years; provided, however, that when a work accumulates 300,000 radio
`and television Feature Performance credits it shall be deemed to be in compliance
`with this test.
`
`4.3.1(ii) Until five (5) years of records of Feature Performances are available the number
`of Feature Performance credits required pursuant to 4.3.1(i)(b) above shall be reduced
`proportionately to the number of years available. For a work whose first surveyed
`performance occurred within the five (5) latest available preceding fiscal survey years,
`the requirement of said 4.3.1(i)(b) shall be satisfied when the work has met the
`requirements of 4.3.1(i)(a) above and shall continue to be satisfied if in each subsequent
`year of such five (5) years the work receives one-fifth the number of Feature Performance
`credits required by said 4.3.1(i)(b).
`
`
`4.3.1(iii) The number of performance credits needed to meet any requirements
`pursuant to 4.3.1(i) above is premised on an annual total of approximately 25,000,000
`performance credits recorded in the ASCAP survey for ASCAP writer members;
`performance credits in years when the total number of performance credits recorded in
`the ASCAP survey was 20% greater or smaller than that number shall be adjusted
`proportionately.
`
`
`4.3.1(iv) For works which in their original form were composed for a choral, symphonic
`or similar concert performance (including chamber music), the numbers of Feature
`Performance credits required by 4.3.1(i) shall be reduced to 20% of the numbers of
`Feature Performance credits prescribed therein.
`9
`
`
`
`
`
`

`

`
`4.3.2 Non-Feature Performances on Radio.
`
`
`4.3.2(i) Each Non-Feature Performance on Radio of any Qualifying Work will receive
`5% of a Use Credit for the first performance and 0.5% of a Use Credit for each
`subsequent performance on a Single Program, provided that no work shall receive more
`than one (1) Use Credit for a Single Program on Radio.
`
`4.3.2(ii) Each Non-Feature Performance on Radio of any Non-Qualifying Work will
`receive 3% of a Use Credit for the first performance and 0.3% of a Use Credit for each
`subsequent performance on a Single Program, provided that no work shall receive more
`than one (1) Use Credit for a Single Program on Radio.
`
`
`4.3.3 Themes. When any work is performed as a Theme, it shall receive only 60% of a Use
`Credit for all such performances within the first hour of any Single Program regardless of
`the number of actual such performances, and for all additional such performances during
`the remainder of the program it shall receive only an additional 6% of a Use Credit per
`hour regardless of the number of actual such performances in the remainder of the
`program. For the avoidance of doubt, the 60% of a Use Credit weight shall include
`performances of the Theme as “bumpers” into and out of commercial or promotional
`announcements within the first 60 minutes of the program and the additional 6% of a Use
`Credit per hour weight shall apply to all such performances in the remainder of the
`program.
`
`
`4.3.4 Background Music, Cue Music and Bridge Music.
`
`
`4.3.4(i) When any Qualifying Work is performed as Background Music, Cue Music or
`Bridge Music, it shall receive the greater of (a) the credit for use of the work in a Single
`Program computed on a durational basis as provided in 4.3.4(ii) below or (b) 50% of a
`Use Credit for the first such performance on a Single Program, and only 5% of a Use
`Credit for each subsequent such performance on such program, provided, however, that
`in the event credit is computed as set forth in (b) of the 4.3.4(i) (this paragraph), no work
`shall receive more than one (1) Use Credit for a Single Program.
`
`4.3.4(ii) Non-Qualifying Works written by the same writer or writers and published by
`the same publisher or publishers performed as Background Music, Cue Music or Bridge
`Music on each program shall receive, for each three (3) minutes duration in the aggregate
`for that program, 60% of a Use Credit; multiples or fractions of three (3) minutes shall be
`computed on a per second basis pro rata to the 60% Use Credit weight for three (3)
`minutes; provided, however, that in no event shall such performance receive less than 1%
`of a Use Credit.
`
`4.3.4(iii) To determine Use Credits for performances in this classification where the time
`of actual performance cannot be established from the information available to the
`Society, 40% of the net program time will be considered as containing Background
`Music, Cue Music or Bridge Music and the computation of 60%, will be based on such
`computed time. Where condensed versions of a program are presented and the actual
`10
`
`
`
`
`
`

`

`music performed on this condensed version is unknown, the 40% computation will be
`made on the net program time and applied pro rata to all of the Background Music, Cue
`Music or Bridge Music in the original program. Where it is determined that the amount of
`music on particular types of programs deviates more than 20% from the 40%
`computation (e.g., so that less than 32% of the net program time contains Background
`Music, Cue Music and Bridge Music) the percentage applicable to these types of
`programs will be determined through periodic samples of the amount of program time on
`these types of programs containing Background Music, Cue Music and Bridge Music.
`Where the time is not given on the program or on a cue sheet available to the Society, in
`determining the Use Credit for each work the Background Music, Cue Music and Bridge
`Music time determined as above will be divided among uses on a pro rata basis. These
`samples also shall be used to determine the average duration of identified compositions
`when information on duration is not readily available to the Society.
`
`4.3.5 Advertising, Promotional and Public Service Announcements, Logos and Jingles.
`
`
`4.3.5(i) Performance of any Qualifying Work in conjunction with an advertising or public
`service announcement (other than a Jingle), shall receive only 12% of a Use Credit for all
`such performances within the first 60 minutes of any Single Program regardless of the
`number of actual such performances, and for all additional such performances during the
`remainder of the program, shall receive only an additional 10% of 12% of a Use Credit
`per hour regardless of the number of actual such performances. Performances of any
`Non-Qualifying Work
`in conjunction with any advertising or public service
`announcement (other than a Jingle), shall receive only 5% of a Use Credit for all such
`performances within the first 60 minutes of any Single Program regardless of the number
`of actual such performances, and for all additional such performances during the
`remainder of the program, shall receive only 10% of 5% of a Use Credit per hour
`regardless of the number of actual such performances.
`
`4.3.5(ii) Performance of any Qualifying Work in conjunction with a promotional
`announcement (other than a Jingle), sponsored by the network or station on which it
`appears, shall receive only 3.5% of a Use Credit for all such performances within the first
`60 minutes of any Single Program regardless of the number of actual such performances,
`and for all additional such performances during the remainder of the program, shall
`receive only an additional 10% of 3.5% of a Use Credit per hour regardless of the number
`of actual such performances. Performances of any work as a logo and performances of
`any Non-Qualifying Work in conjunction with a promotional announcement shall be
`credited in the same fashion as a Jingle.
`
`4.3.5(iii) When any work is performed as a Jingle it shall receive only 3% of a Use Credit
`for all such performances within the first 60 minutes of any Single Program regardless of
`the number of actual such performances, and for all additional such performances during
`the remainder of the program it shall receive only an additional 10% of 3% of a Use
`Credit per hour regardless of the number of actual such performances.
`
` General Limitation. Anything to the contrary notwithstanding; two (2) or more works
`4.3.6
`performed in an advertising, promotional or public service announcement shall receive in the
`11
`
`
`
`

`

`aggregate the Use Credit, which would have been allocated to the work entitled to the greatest
`Use Credit if only one (1) work had been performed. The Use Credit for each such work shall be
`reduced pro rata.
`
`4.3.7 Infomercials. If an Infomercial is five (5) minutes or less in duration, all musical works
`within that Infomercial shall be treated as advertising announcements pursuant to Section 4.3.4.
`If an Infomercial is greater than five (5) minutes in duration, all performances of musical works
`within that Infomercial will receive 40% of the otherwise applicable credit value. All other
`computational factors apply as set forth in this Section 4.
`
`
`Time-of-Day Factor for Television Programs.
`
`4.4
`
`4.4.1 Performances of works on public television programs shall be credited as follows:
`
`
`4.4.1(i) if the program begins between 1:00 a.m. and 6:59 a.m., 25% of the otherwise
`applicable credit;
`
`4.4.1(ii) if the program begins between 7:00 a.m. and 12:59 a.m., 100% of the Otherwise
`Applicable Credit;
`
`4.4.2 Performances of works on all other television programs shall be credited as follows:
`
`
`4.4.2(i) if