37 CFR 380.12 - Royalty fees for the public performance of sound recordings and for ephemeral recordings.

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There is 1 rule appearing in the Federal Register for 37 CFR 380. View below or at eCFR (GPOAccess)
§ 380.12 Royalty fees for the public performance of sound recordings and for ephemeral recordings.
(a) Royalty rates. Royalties for Eligible Transmissions made pursuant to 17 U.S.C. 114, and the making of related ephemeral recordings pursuant to 17 U.S.C. 112(e), shall, except as provided in § 380.13(g)(3), be payable on a per-performance basis, as follows:
(1) 2011: $0.0017;
(2) 2012: $0.0020;
(3) 2013: $0.0022;
(4) 2014: $0.0023;
(5) 2015: $0.0025.
(b) Ephemeral royalty. The royalty payable under 17 U.S.C. 112(e) for any reproduction of a phonorecord made by a Broadcaster during this license period and used solely by the Broadcaster to facilitate transmissions for which it pays royalties as and when provided in this section is deemed to be included within such royalty payments and to equal the percentage of such royalty payments determined by the Copyright Royalty Judges for other webcasting as set forth in § 380.3.
(c) Minimum fee. Each Broadcaster will pay an annual, nonrefundable minimum fee of $500 for each of its individual channels, including each of its individual side channels, and each of its individual stations, through which (in each case) it makes Eligible Transmissions, for each calendar year or part of a calendar year during 2011-2015 during which the Broadcaster is a licensee pursuant to licenses under 17 U.S.C. 112(e) and 114, provided that a Broadcaster shall not be required to pay more than $50,000 in minimum fees in the aggregate (for 100 or more channels or stations). For the purpose of this subpart, each individual stream (e.g., HD radio side channels, different stations owned by a single licensee) will be treated separately and be subject to a separate minimum, except that identical streams for simulcast stations will be treated as a single stream if the streams are available at a single Uniform Resource Locator (URL) and performances from all such stations are aggregated for purposes of determining the number of payable performances hereunder. Upon payment of the minimum fee, the Broadcaster will receive a credit in the amount of the minimum fee against any additional royalties payable for the same calendar year for the same channel or station. In addition, an electing Small Broadcaster also shall pay a $100 annual fee (the “Proxy Fee”) to the Collective for the reporting waiver discussed in § 380.13(g)(2).

Title 37 published on 2014-07-01

The following are only the Rules published in the Federal Register after the published date of Title 37.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-10-31; vol. 79 # 211 - Friday, October 31, 2014
    1. 79 FR 64669 - Digital Performance Right in Sound Recordings and Ephemeral Recordings
      GPO FDSys XML | Text
      LIBRARY OF CONGRESS, Copyright Royalty Board
      Final Determination after Second Remand.
      Effective date: October 31, 2014. Applicability date: The fee applies to the license period January 1, 2006, through December 31, 2010.
      37 CFR Part 380

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United States Code

Title 37 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR 380 after this date.

  • 2014-11-05; vol. 79 # 214 - Wednesday, November 5, 2014
    1. 79 FR 65609 - Digital Performance Right in Sound Recordings and Ephemeral Recordings
      GPO FDSys XML | Text
      LIBRARY OF CONGRESS, Copyright Royalty Board
      Proposed rule.
      Comments and objections, if any, are due no later than November 26, 2014.
      37 CFR Part 380