DSPs must report each consumer Offering separately from any other consumer Offering. 37 C.F.R. 385.21(b) provides that:
“If a Service Provider makes available different Offerings, royalties must be calculated separately with respect to each Offering taking into consideration Service Provider Revenue, TCC, subscribers, Plays, expenses, and Performance Royalties associated with each Offering. A Service Provider shall not be required to subject the same portion of Service Provider Revenue, TCC, subscribers, Plays, expenses, or Performance Royalties to the calculation of royalties for more than one Offering in an Accounting Period.”
This includes family plan Offerings and student plan Offerings, which must each be reported separately from any other Offerings. Under 37 C.F.R. 385.2:
“Family Plan means a discounted Subscription Offering to be shared by up to six members of the same family or household for a single subscription price.
…
Student Plan means a discounted Subscription Offering available on a limited basis to students.”
This also includes bundled Offerings, which must each be reported separately from any other Offering (including any other bundled offerings). Provisions defining different bundled Offerings can be found in 37 C.F.R. 385.2 and 37 C.F.R. 385.21(d).
Consumer Offerings are described in The MLC usage reporting documentation (whether for DDEX or SURF reporting) as “Service Configurations.” Reporting Offerings separately means identifying the Offerings as distinct Service Configurations in header/summary reports and then submitting separate Service Configuration detail files for each respective Offering.
Please visit The MLC’s service configuration form here to make changes.
