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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - USA

Copyright Laws and Regulations

Regulations: Title 37, Chapters I (Subchapter C) and II, Code of Federal
Regulations


(Continuation)

37 C.F.R. § 251.49   Transcript and record. 

        (a) An official reporter for the recording and transcribing of hearings shall be designated by the Librarian of Congress. Anyone wishing to inspect or copy the transcript of a hearing may do so at a location specified by the chairperson of the Copyright Arbitration Royalty Panel conducting the hearing. 

        (b) The transcript of testimony and all exhibits, papers, and requests filed in the proceeding, shall constitute the official written record. Such record shall accompany the report of the determination of the CARP to the Librarian of Congress required by 17 U.S.C. 802(e).  

        (c) The record, including the report of the determination of a CARP, shall be available at the Copyright Office for public inspection and copying in accordance with § 251.22. 

[59 FR 23990, May 9, 1994]  

37 C.F.R. § 251.50   Rulings and orders.  

        In accordance with 5 U.S.C., subchapter II, a Copyright Arbitration Royalty Panel may issue rulings or orders, either on its own motion or that of an interested party, necessary to the resolution of issues contained in the proceeding before it; Provided, that no such rules or orders shall amend, supplement or supersede the rules and regulations contained in this subchapter. See § 251.7. 

[59 FR 23990, May 9, 1994, as corrected at 60 FR 8197, Feb. 13, 1995] 

37 C.F.R. § 251.51   Closing the record.  

        To close the record of hearing, the chairperson of a Copyright Arbitration Royalty Panel shall make an announcement that the taking of testimony has concluded. In its discretion the panel may close the record as of a future specified date, and allow time for exhibits yet to be prepared to be admitted, provided that the parties to the proceeding stipulate on the record that they waive the opportunity to cross-examine or present evidence with respect to such exhibits. The record in any hearing that has been recessed may not be closed by the chairperson before the day on which the hearing is to resume, except upon ten days' notice to all parties.  

[59 FR 23990, May 9, 1994; 59 FR 63041, Dec. 7, 1994] 

37 C.F.R. § 251.52   Proposed findings and conclusions. 

        (a) Any party to the proceeding may file proposed findings of fact and conclusions, briefs, or memoranda of law, or may be directed by the chairperson to do so. Such filings, and any replies to them, shall take place at such time after the record has been closed as the chairperson directs.  

        (b) Failure to file when directed to do so shall be considered a waiver of the right to participate further in the proceeding, unless good cause for the failure is shown. 

        (c) Proposed findings of fact shall be numbered by paragraph and include all basic evidentiary facts developed on the record used to support proposed conclusions, and shall contain appropriate citations to the record for each evidentiary fact. Proposed findings submitted by someone other than a party in a proceeding shall be restricted to those issues specifically affecting that person. 

        (d) Proposed conclusions shall be stated separately.  

[59 FR 23990, May 9, 1994; 59 FR 63041, Dec. 7, 1994; as corrected and revised at 60 FR 8198, Feb. 13, 1995] 

37 C.F.R. § 251.53   Report to the Librarian of Congress. 

        (a) At any time after the filing of proposed findings of fact and conclusions of law and any replies thereto specified in § 251.52, and not later than 180 days from publication in the Federal Register of notification of commencement of the proceeding, a Copyright Arbitration Royalty Panel shall deliver to the Librarian of Congress a report incorporating its written determination. Such determination shall be accompanied by the written record, and shall set forth the facts that the panel found relevant to its determination.  

        (b) The determination of the panel shall be certified by the chairperson and signed by all of the arbitrators. Any dissenting opinion shall be certified and signed by the arbitrator so dissenting.  

        (c) At the same time as the submission to the Librarian of Congress, the chairperson of the panel shall cause a copy of the determination to be delivered to all parties participating in the proceeding.  

        (d) The Librarian of Congress shall make the report of the CARP and the accompanying record available for public inspection and copying.  

[59 FR 23990, May 9, 1994; 59 FR 63041, Dec. 7, 1994] 

37 C.F.R. § 251.54   Assessment of costs of arbitration panels. 

        (a) The panel may assess its ordinary and necessary costs, according to § 251.38, to the participants to the proceeding as follows:  

        (1) In the case of a rate adjustment proceeding, the parties to the proceeding shall bear the entire cost thereof in such manner and proportion as the panel shall direct. 

        (2) In the case of a royalty distribution proceeding, the parties to the proceeding shall bear the total cost of the proceeding in direct proportion to their share of the distribution.  

        (3) In the case of a change in the share of distribution because of the Librarian's substitution of a new determination, or a determination reached as a result of a court-ordered remand, the parties shall make restitution to each other for the difference in payments that resulted from the change. 

        (b) The chairperson of the panel shall cause to be delivered to each participating party a statement of the total costs of the proceeding, the party's share of the total cost, and the amount owed by the party to each arbitrator. 

        (c) All parties to a proceeding shall have 30 days from receipt of the statement of costs and bill for payment in which to tender payment to the arbitrators. Payment should be in the form of a money order, check, or bank draft. 

[59 FR 23990, May 9, 1994; 59 FR 63042, Dec. 7, 1994] 

37 C.F.R. § 251.55   Post-panel motions.  

        (a) Any party to the proceeding may file with the Librarian of Congress a petition to modify or set aside the determination of a Copyright Arbitration Royalty Panel within 14 days of the Librarian's receipt of the panel's report of its determination. Such petition shall state the reasons for modification or reversal of the panel's determination, and shall include applicable sections of the party's proposed findings of fact and conclusions of law. 

        (b) Replies to petitions to modify or set aside shall be filed within 14 days of the filing of such petitions.  

[59 FR 23990, May 9, 1994]  

37 C.F.R. § 251.56   Order of the Librarian of Congress. 

        (a) After the filing of post-panel motions, see § 251.55, but within 60 days from receipt of the report of the determination of a panel, the Librarian of Congress shall issue an order accepting the panel's determination or substituting the Librarian's own determination. The Librarian shall adopt the determination of the panel unless he or she finds that the determination is arbitrary or contrary to the applicable provisions of 17 U.S.C.  

        (b) If the Librarian substitutes his or her own determination, the order shall set forth the reasons for not accepting the panel's determination, and shall set forth the facts which the Librarian found relevant to his or her determination. 

        (c) The Librarian shall cause a copy of the order to be delivered to all parties participating in the proceeding. The Librarian shall also publish the order, and the determination of the panel, in the Federal Register. 

[59 FR 23991, May 9, 1994]  

37 C.F.R. § 251.57   Effective date of order. 

        An order of determination issued by the Librarian under § 251.56 shall become effective 30 days following its publication in the Federal Register, unless an appeal has been filed pursuant to § 251.58 and notice of the appeal has been served on all parties to the proceeding.  

[59 FR 23991, May 9, 1994]  

37 C.F.R. § 251.58   Judicial review.  

        (a) Any order of determination issued by the Librarian of Congress under § 251.55 may be appealed, by any aggrieved party who would be bound by the determination, to the United States Court of Appeals for the District of Columbia Circuit, within 30 days after publication of the order in the Federal Register. 

        (b) If no appeal is brought within the 30 day period, the order of determination of the Librarian is final, and shall take effect as set forth in the order. 

        (c) The pendency of any appeal shall not relieve persons obligated to make royalty payments under 17 U.S.C. 111, 114, 115, 116, 118, 119, or 1003, and who would be affected by the determination on appeal, from depositing statements of account and royalty fees by those sections.  

[59 FR 23991, May 9, 1994; 61 FR 37213, 37215, July 17, 1996] 

37 C.F.R. § 251.60   Scope.  

        This subpart governs only those proceedings dealing with royalty rate adjustments affecting cable (17 U.S.C. 111), subscription digital audio transmissions (17 U.S.C. 114), the manufacture and distribution of phonorecords, including digital phonorecord deliveries (17 U.S.C. 115), performances on coin-operated phonorecord players (jukeboxes) (17 U.S.C. 116), noncommercial educational broadcasting (17 U.S.C. 118) and satellite carriers (17 U.S.C. 119). Those provisions of subpart E of this part generally regulating the conduct of proceedings shall apply to rate adjustment proceedings, unless they are inconsistent with the specific provisions of this subpart. 

[59 FR 23991, May 9, 1994; 59 FR 63042, Dec. 7, 1994; 61 FR 37213, 37215, July 17, 1996; 63 FR 30634, 30635, June 5, 1998] 

37 C.F.R. § 251.61   Commencement of adjustment proceedings. 

        (a) In the case of cable, subscription digital audio transmissions, phonorecords, digital phonorecord deliveries, and coin-operated phonorecord players (jukeboxes), rate adjustment proceedings shall commence with the filing of a petition by an interested party according to the following schedule: 

        (1) Cable: During 1995, and each subsequent fifth calendar year. 

        (2) Subscription Digital Audio Transmissions: During a 60-day period prescribed by the Librarian in 1996, 2000, and each subsequent fifth calendar year. 

        (3) Phonorecords: During 1997 and each subsequent tenth calendar year. 

        (4) Digital Phonorecord Deliveries: During 1997 and each subsequent fifth calendar year except to the extent that different years may be determined by the parties to a negotiated settlement or by the copyright arbitration royalty panel. 

        (5) Coin-operated phonorecord players (jukeboxes): Within one year of the expiration or termination of a negotiated license authorized by 17 U.S.C. 116. 

        (b) Cable rate adjustment proceedings may also be commenced by the filing of a petition, according to 17 U.S.C. 801(b)(2)(B) and (C), if the Federal Communications Commission amends certain of its rules with respect to the carriage by cable systems of broadcast signals, or with respect to syndicated and sports programming exclusivity. 

        (c) In the case of noncommercial educational broadcasting, a petition is not necessary for the commencement of proceedings. Proceedings commence with the publication of a notice of the initiation of arbitration proceedings in the Federal Register on June 30, 1997, and at five year intervals thereafter. 

        (d) In the case of the satellite carrier compulsory license, rate adjustment proceedings shall commence on January 1, 1997, in accordance with 17 U.S.C. 119(c)(3)(A), for satellite carriers who are not parties to a voluntary agreement filed with the Copyright Office in accordance with 17 U.S.C. 119(c)(2).

[59 FR 23991, May 9, 1994; 59 FR 63042, Dec. 7, 1994; 61 FR 37213, 37215, July 17, 1996]  

37 C.F.R. § 251.62   Content of petition. 

        (a) In the case of a petition for rate adjustment proceedings for cable, subscription digital audio transmissions, phonorecords, digital phonorecord deliveries,and coin-operated phonorecord players (jukeboxes), the petition shall detail the petitioner's interest in the royalty rate sufficiently to permit the Librarian of Congress to determine whether the petitioner has a “significant interest” in the matter. The petition must also identify the extent to which the petitioner's interest is shared by other owners or users; owners or users with similar interests may file a petition jointly. 

        (b) In the case of a petition for rate adjustment proceedings as the result of a Federal Communications Commission rule change, the petition shall also set forth the actions of the Federal Communications Commission on which the petition for a rate adjustment is based.  

[59 FR 23991, May 9, 1994; 61 FR 37213, 37216, July 17, 1996] 

37 C.F.R. § 251.63 Consideration of petition; settlements. 

        (a) To allow time for the parties to settle their differences concerning cable, phonorecord, and jukebox rate adjustments, the Librarian of Congress shall, after the filing of the petition under § 251.62 and before the 45-day period specified in § 251.45(b)(2)(i), designate a 30-day period for negotiation of a settlement. The Librarian shall cause notice of the dates for that period to be published in the Federal Register.  

        (b) In the case of a settlement among the parties to a proceeding, the Librarian may, upon the request of the parties, submit the agreed upon rate to the public in a notice-and-comment proceeding. The Librarian may adopt the rate embodied in the proposed settlement without convening an arbitration panel, provided that no opposing comment is received by the Librarian from a party with an intent to participate in a CARP proceeding. 

[59 FR 23991, May 9, 1994; 59 FR 63042, Dec. 7, 1994; 61 FR 37213, 37216, July 17, 1996; 61 FR 63715, 63718, Dec. 2, 1996] 

37 C.F.R. § 251.64   Disposition of petition; initiation of arbitration proceeding. 

        After the end of the 45-day precontroversy discovery period, and after the Librarian has ruled on all motions and objections filed under § 251.45, the Librarian will determine the sufficiency of the petition, including, where appropriate, whether one or more of the petitioners' interests are “significant.” If the Librarian determines that a petition is significant, he or she will cause to be published in the Federal Register a declaration of a controversy accompanied by a notice of initiation of an arbitration proceeding. The same declaration and notice of initiation shall be made for noncommercial educational broadcasting and the satellite carrier compulsory license in accordance with 17 U.S.C. 118 and 119, respectively.  

[59 FR 23991, May 9, 1994; 59 FR 63042, Dec. 7, 1994] 

37 C.F.R. § 251.65   Deduction of costs of rate adjustment proceedings.

        In accordance with 17 U.S.C. 802(h)(1), the Librarian of Congress and the Register of Copyrights may assess the reasonable costs incurred by the Library of Congress and the Copyright Office as a result of the rate adjustment proceedings directly to the parties participating in the proceedings. 

[59 FR 23991, May 9, 1994; 59 FR 63042, Dec. 7, 1994] 

37 C.F.R. § 251.70   Scope.  

        This subpart governs only those proceedings dealing with distribution of royalty payments deposited with the Register of Copyrights for cable (17 U.S.C. 111), satellite carrier (17 U.S.C. 119), and digital audio recording devices and media (17 U.S.C. chapter 10). Those provisions of subpart E generally regulating the conduct of proceedings shall apply to royalty fee distribution proceedings, unless they are inconsistent with the specific provisions of this subpart. 

[59 FR 23991, May 9, 1994]  

37 C.F.R. § 251.71   Commencement of proceedings.  

        (a) Cable. In the case of royalty fees collected under the cable compulsory license (17 U.S.C. 111), any person claiming to be entitled to such fees must file a claim with the Copyright Office during the month of July each year in accordance with the requirements of this subchapter.  

        (b) Satellite carriers. In the case of royalty fees collected under the satellite carrier compulsory license (17 U.S.C. 119), any person claiming to be entitled to such fees must file a claim with the Copyright Office during the month of July each year in accordance with the requirements of this subchapter. 

        (c) Digital audio recording devices and media. In the case of royalty payments for the importation and distribution in the United States, or the manufacture and distribution in the United States, of any digital recording device or medium, any person claiming to be entitled to such payments must file a claim with the Copyright Office during the month of January or February each year in accordance with the requirements of this subchapter.  

[59 FR 23992, May 9, 1994]  

37 C.F.R. § 251.72   Declaration of controversy: Initiation of arbitration proceeding.  

        If the Librarian determines that a controversy exists among the claimants to either cable, satellite carrier, or digital audio recording devices and media royalties, the Librarian shall publish in the Federal Register a declaration of controversy along with a notice of initiation of an arbitration proceeding. Such notice shall, to the extent feasible, describe the nature, general structure and schedule of the proceeding.  

[59 FR 23992, May 9, 1994; redesignated at 59 FR 63042, Dec. 7, 1994] 

37 C.F.R. § 251.73   Deduction of costs of distribution proceedings. 

        The Librarian of Congress and the Register of Copyrights may, before any distributions of royalty fees are made, deduct the reasonable costs incurred by the Library of Congress and the Copyright Office as a result of the distribution proceeding, from the relevant royalty pool.  

[59 FR 23992, May 9, 1994; redesignated at 59 FR 63042, Dec. 7, 1994] 

37 C.F.R. § 252.1   Scope.  

        This part prescribes procedures under 17 U.S.C. 111(d)(4)(A), whereby parties claiming to be entitled to cable compulsory license royalty fees shall file claims with the Copyright Office.  

[59 FR 23992, May 9, 1994, as corrected at 60 FR 8198, Feb. 13, 1995] 

37 C.F.R. § 252.2   Time of filing.  

        During the month of July each year, any party claiming to be entitled to cable compulsory license royalty fees for secondary transmissions of one or more of its works during the preceding calendar year shall file a claim to such fees with the Copyright Office. No royalty fees shall be distributed to a party for secondary transmissions during the specified period unless such party has timely filed a claim to such fees. Claimants may file claims jointly or as a single claim. 

[59 FR 23992, May 9, 1994]  

37 C.F.R. § 252.3   Content of claims.  

        (a) Claims filed by parties claiming to be entitled to cable compulsory license royalty fees shall include the following information:  

        (1) The full legal name of the person or entity claiming royalty fees.          (2) The telephone number, facsimile number, if any, and full address, including a specific number and street name or rural route, of the place of business of the person or entity.  

        (3) If the claim is a joint claim, a concise statement of the authorization for the filing of the joint claim, and the name of each claimant to the joint claim. For this purpose, a performing rights society shall not be required to obtain from its members or affiliates separate authorizations, apart from their standard membership affiliate agreements, or to list the name of each of its members or affiliates in the joint claim.  

        (4) For individual claims, a general statement of the nature of the claimant's copyrighted works and identification of at least one secondary transmission by a cable system of such works establishing a basis for the claim. For joint claims, a general statement of the nature of the joint claimants' copyrighted works and identification of at least one secondary transmission of one of the joint claimants' copyrighted works by a cable system establishing a basis for the joint claim. 

        (b) Claims shall bear the original signature of the claimant or of a duly authorized representative of the claimant.  

        (c) In the event that the legal name and/or address of the claimant changes after the filing of the claim, the claimant shall notify the Copyright Office of such change. If the good faith efforts of the Copyright Office to contact the claimant are frustrated because of failure to notify the Office of a name and/or address change, the claim may be subject to dismissal.  

        (d) [Removed. See 59 FR 63042, Dec. 7, 1994.]  

[59 FR 23992, May 9, 1994; 59 FR 63042, Dec. 7, 1994] 

37 C.F.R. § 252.4   Compliance with statutory dates. 

        (a) Claims filed with the Copyright Office shall be considered timely filed only if:          (1) They are hand delivered, either by the claimant, the claimant's agent, or a private delivery carrier, to: Office of the Register of Copyrights, Room 403, James Madison Memorial Building, 101 Independence Avenue, SE., Washington, DC 20540, during normal business hours during the month of July; or 

        (2) They are addressed to: Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station, Washington, DC 20024, and are deposited with sufficient postage with the United States Postal Service and bear a July U.S. postmark. 

        (b) Notwithstanding subsection (a), in any year in which July 31 falls on a Saturday, Sunday, holiday, or other nonbusiness day within the District of Columbia or the Federal Government, claims received by the Copyright Office by the first business day in August, or properly addressed and deposited with sufficient postage with the United States Postal Service and postmarked by the first business day in August, shall be considered timely filed.  

        (c) Claims dated only with a business meter that are received after July 31, will not be accepted as having been timely filed.  

        (d) No claim may be filed by facsimile transmission.  

        (e) In the event that a properly addressed and mailed claim is not timely received by the Copyright Office, a claimant may nonetheless prove that the claim was properly filed if it was sent by certified mail return receipt requested, and the claimant can provide a receipt bearing a July date stamp of the U.S. Postal Service, except where paragraph (b) of this section applies. No affidavit of an officer or employee of the claimant, or of a U.S. postal worker will be accepted in lieu of the receipt.  

[59 FR 23993, May 9, 1994; 59 FR 63042, Dec. 7, 1994; 61 FR 63715, 63718, Dec. 2, 1996; 63 FR 30634, 30635, June 5, 1998] 

37 C.F.R. § 252.5   Copies of claims.  

        A claimant shall, for each claim submitted to the Copyright Office, file an original and two copies of the claim to cable royalty fees. 

[59 FR 23993, May 9, 1994]  

37 C.F.R. § 253.1   General.  

        This part 304 establishes terms and rates of royalty payments for certain activities using published nondramatic musical works and published pictorial, graphic and sculptural works during a period beginning on January 1, 1998 and ending on December 31, 2002. Upon compliance with 17 U.S.C. 118, and the terms and rates of this part, a public broadcasting entity may engage in the activities with respect to such works set forth in 17 U.S.C. 118(d).  

[57 FR 60954, Dec. 22, 1992, as redesignated at 59 FR 23993, May 5, 1994; 63 FR 2142, 2144, Jan. 14, 1998]  

37 C.F.R. § 253.2   Definition of public broadcasting entity. 

        As used in this part, the term public broadcasting entity means a noncommercial educational broadcast station as defined in section 397 of title 47 and any nonprofit institution or organization engaged in the activities described in 17 U.S.C. 118(d)(2). 

[57 FR 60954, Dec. 22, 1992, as redesignated at 59 FR 23993, May 9, 1994] 

37 C.F.R. § 253.3   [Reserved]  

[57 FR 60954, Dec. 22, 1992, as redesignated at 59 FR 23993, May 9, 1994] 

37 C.F.R. § 253.4   Performance of musical compositions by PBS, NPR and other public broadcasting entities engaged in the activities set forth in 17 U.S.C. 118(d). 

        The following schedule of rates and terms shall apply to the performance by PBS, NPR and other public broadcasting entities engaged in activities set forth in 17 U.S.C. 118(d) of copyrighted published nondramatic musical compositions, except for public broadcasting entities covered by §§ 253.5 and 253.6, and except for compositions which are the subject of voluntary license agreements, or compositions in the repertories of ASCAP, BMI or SESAC which are licensed on terms and conditions established by a duly empowered Copyright Arbitration Royalty Panel pursuant to the procedures set forth in subchapter B of 37 CFR, part 251. 

        (a) Determination of royalty rates.        

        (1) For the performance of such a work in a feature presentation of PBS: 

        1998-2002 -- $211.53  

        (2) For the performance of such a work as background or theme music in a PBS program: 

        1998-2002 -- $53.59  

        (3) For the performance of such a work in a feature presentation of a station of PBS: 

        1998-2002 -- $18.08  

        (4) For the performance of such a work as background or theme music in a program of a station of PBS:  

        1998-2002 -- $3.81  

        (5) For the performance of such a work in a feature presentation of NPR: 

         1998-2002 $21.44  

        (6) For the performance of such a work as background or theme music in an NPR program:

        1998-2002 $5.20  

        (7) For the performance of such a work in a feature presentation of a station of NPR: 

        1998-2002 $1.52 

        (8) For the performance of such work as background or theme music in a program of a station of NPR: 

        1998-2002 $.54  

        (9) For the purposes of this schedule the rate for the performance of theme music in an entire series shall be double the single program theme rate. 

        (10) In the event the work is first performed in a program of a station of PBS or NPR, and such program is subsequently distributed by PBS or NPR, an additional royalty payment shall be made equal to the difference between the rate specified in this section for a program of a station of PBS or NPR, respectively, and the rate specified in this section for a PBS or NPR program, respectively. 

        (b) Payment of royalty rate. The required royalty rate shall be paid to each known copyright owner not later than July 31 of each calendar year for uses during the first six months of that calendar year, and not later than January 31 for uses during the last six months of the preceding calendar year. 

        (c) Records of use. PBS and NPR shall, upon the request of a copyright owner of a published musical work who believes a musical composition of such owner has been performed under the terms of this schedule, permit such copyright owner a reasonable opportunity to examine their standard cue sheets listing the nondramatic performances of musical compositions on PBS and NPR programs. Any local PBS and NPR station that shall be required by the provisions of any voluntary license agreement with ASCAP or BMI covering the license period January 1, 1998, to December 31, 2002, to prepare a music use report shall, upon request of a copyright owner who believes a musical composition of such owner has been performed under the terms of this schedule, permit such copyright owner to examine the report. 

        (d) Terms of use. The fees provided in this schedule for the performance of a musical work in a program shall cover performances of such work in such program for a period of three years following the first performance. 

[57 FR 60954, Dec. 22, 1992, as redesignated and revised at 59 FR 23993, May 9, 1994; 63 FR 2142, 2144, Jan. 14, 1998] 

37 C.F.R. § 253.5   Performance of musical compositions by public broadcasting entities licensed to colleges or universities.  

        (a) Scope. This section applies to the performance of copyrighted published nondramatic musical compositions by noncommercial radio stations which are licensed to colleges, universities, or other nonprofit educational institutions and which are not affiliated with National Public Radio. 

        (b) Voluntary license agreements. Notwithstanding the schedule of rates and terms established in this section, the rates and terms of any license agreements entered into by copyright owners and colleges, universities, and other nonprofit educational institutions concerning the performance of copyrighted musical compositions, including performances by noncommercial radio stations, shall apply in lieu of the rates and terms of this section.  

        (c) Royalty rate. A public broadcasting entity within the scope of this section may perform published nondramatic musical compositions subject to the following schedule of royalty rates: 

        (1) For all such compositions in the repertory of ASCAP, $222 annually. 

        (2) For all such compositions in the repertory of BMI, $222 annually. 

        (3) For all such compositions in the repertory of SESAC, $60 annually. 

        (4) For the performance of any other such compositions: $1. 

        (d) Payment of royalty rate. The public broadcasting entity shall pay the required royalty rate to ASCAP, BMI and SESAC not later than January 31 of each year. 

        (e) Records of use. A public broadcasting entity subject to this section shall furnish to ASCAP, BMI and SESAC, upon request, a music-use report during one week of each calendar year. ASCAP, BMI and SESAC shall not in any one calendar year request more than 10 stations to furnish such reports. 

[57 FR 60954, Dec. 22, 1992; 58 FR 63294, Dec. 1, 1993; redesignated at 59 FR 23993, May 9, 1994; 59 FR 60901, Nov. 29, 1994; 60 FR 61654, 61655, Dec. 1, 1995; 61 FR 60613, Nov. 29, 1996; 63 FR 2142, 2145, Jan. 14, 1998]

37 C.F.R. § 253.6   Performance of musical compositions by other public broadcasting entities

        (a) Scope. This section applies to the performance of copyrighted published nondramatic musical compositions by radio stations not licensed to colleges, universities, or other nonprofit educational institutions and which are not affiliated with National Public Radio.  

        (b) Voluntary license agreements. Notwithstanding the schedule of rates and terms established in this section, the rates and terms of any license agreements entered into by copyright owners and noncommercial radio stations within the scope of this section concerning the performance of copyrighted musical compositions, including performances by noncommercial radio stations, shall apply in lieu of the rates and terms of this section.  

        (c) Royalty rate. A public broadcasting entity within the scope of this section may perform published nondramatic musical compositions subject to the following schedule of royalty rates:          (1) For all such compositions in the repertory of ASCAP, in 1998, $375; in 1999, $390; in 2000, $405; in 2001, $420; in 2002, $440. 

        (2) For all such compositions in the repertory of BMI, in 1998, $375; in 1999, $390; in 2000, $405; in 2001, $420; in 2002, $440.  

        (3) For all such compositions in the repertory of SESAC, in 1998, $78; in 1999, $82; in 2000, $86; in 2001, $89; in 2002, $92. 

        (4) For the performance of any other such compositions, in 1998 through 2002, $1. 

        (d) Payment of royalty rate. The public broadcasting entity shall pay the required royalty rate to ASCAP, BMI and SESAC not later than January 31 of each year. 

        (e) Records of use. A public broadcasting entity subject to this section shall furnish to ASCAP, BMI and SESAC, upon request, a music-use report during one week of each calendar year. ASCAP, BMI and SESAC each shall not in any one calender year request more than 5 stations to furnish such reports.

[57 FR 60954, Dec. 22, 1992; redesignated at 59 FR 23993, May 9, 1994, as corrected at 60 FR 8198, Feb. 13, 1995; 63 FR 2142, 2145, Jan. 14, 1998] 

Continuation: 37 C.F.R. § 253.7   Recording rights, rates and terms.


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