37 CFR 381.5 - Performance of musical compositions by public broadcasting entities licensed to colleges and universities.

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There is 1 rule appearing in the Federal Register for 37 CFR 381. View below or at eCFR (GPOAccess)
§ 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities.
(a) Scope. This section applies to the performance of copyrighted published nondramatic musical compositions by noncommercial radio stations which are licensed to accredited colleges, accredited universities, or other accredited nonprofit educational institutions and which are not affiliated with National Public Radio. For purposes of this section, accreditation of institutions providing post-secondary education shall be determined by a regional or national accrediting agency recognized by the Council for Higher Education Accreditation or the United States Department of Education; and accreditation of institutions providing elementary or secondary education shall be as recognized by the applicable state licensing authority.
(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, $312 annually.
(2) For all such compositions in the repertory of BMI, $312 annually.
(3) For all such compositions in the repertory of SESAC, $125 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.
[72 FR 67647, Nov. 30, 2007, as amended at 73 FR 72726, Dec. 1, 2008; 74 FR 62705, Dec. 1, 2009; 75 FR 74623, Dec. 1, 2010; 76 FR 74703, Dec. 1, 2011]

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.

  • 2014-12-02; vol. 79 # 231 - Tuesday, December 2, 2014
    1. 79 FR 71319 - Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
      GPO FDSys XML | Text
      LIBRARY OF CONGRESS, Copyright Royalty Board
      Final rule.
      Effective: January 2, 2015.
      37 CFR Part 381

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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 381 after this date.

  • 2014-12-02; vol. 79 # 231 - Tuesday, December 2, 2014
    1. 79 FR 71319 - Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
      GPO FDSys XML | Text
      LIBRARY OF CONGRESS, Copyright Royalty Board
      Final rule.
      Effective: January 2, 2015.
      37 CFR Part 381