AccuRadio CEO Responds to Surprise SoundExchange Lawsuit Over Royalty Payments
SoundExchange has filed a lawsuit against AccuRadio in an Illinois federal court over unpaid royalties, with AccuRadio claiming the legal action was unexpected.
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According to SoundExchange, AccuRadio's royalty payments declined and ceased in 2018. Despite reaching a payment agreement in 2020, AccuRadio allegedly failed to meet the required payments. A subsequent audit of royalties from 2015-2017 revealed additional unpaid dues.
In June 2023, a structured forbearance agreement was established, requiring AccuRadio to make an initial down payment, monthly installments, and a final balloon payment in 2017. SoundExchange is now seeking these missed payments and requesting a full audit of royalties from June 2021 onwards.
Kurt Hanson, AccuRadio's Founder & CEO, states they were actively negotiating a payment plan with SoundExchange when the lawsuit was filed. He emphasizes that AccuRadio resumed full payments in early 2021 and maintains they have been a reliable licensee for over 20 years.
Hanson highlights a key industry challenge: webcasters face disproportionately high royalty rates compared to other broadcast mediums. While AM/FM stations pay no sound recording royalties for terrestrial broadcasts and satellite radio reportedly pays around 15% of revenue, AccuRadio's SoundExchange royalty obligations have reached 45% to 78% of revenues.
AccuRadio expresses commitment to continue working with SoundExchange, either directly or through legal channels, to establish a fair payment plan for past obligations and resume current payments.
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The company has recently agreed to pay SoundExchange $210,000 monthly in a temporary payments agreement while litigation continues.