Title 37 C.F.R.
..CHAPTER II - COPYRIGHT OFFICE, LIBRARY OF CONGRESS
...PART 201 - GENERAL PROVISIONS

• (a) General. This section prescribes the procedures to be followed by operators of coin-operated phonorecord players who wish to obtain a compulsory license for the public performance of nondramatic musical works, and by the Copyright Office in issuing certificates, under section 116 of title 17 of the United States Code as amended by Public Law 94-553. The terms "operator" and "coin-operated phonorecord player" have the meanings given to them by paragraph (e) of that section. In calendar 1990 and thereafter through December 31, 1999, this compulsory license is suspended by decision of the Copyright Royalty Tribunal pursuant to section 116A of title 17 of the United States Code, as amended by the Berne Implementation Act of 1988, Public Law 100-568. During this period, operators of coin-operated phonorecord players who publicly perform nondramatic musical works must obtain a negotiated license from the copyright owner or duly authorized agent such as a performing rights society.
• (b) Form and content of application.
  • (1) Each application for a compulsory license under this section shall be on a form prescribed by the Copyright Office and shall contain the following information:
    • (i) The legal name of the operator, together with any fictitious or assumed name used by the operator for the purpose of conducting the business relating to the coin-operated phonorecord player for which the application is made. If the operator is a partnership, the name of at least one individual partner shall also be given;
    • (ii) The full address of the operator's place of business, including a specific number and street name or rural route. A post office box number or similar designation will not generally be accepted. The Copyright Office will accept a post office box number or similar designation in special cases if, after consulting with officials of the U.S. Postal Service, the Office concludes that no better address for the operator's place of business is possible.
    • (iii) The name or a specified designation of the manufacturer of the coin operated phonorecord player for which the application is made;
    • (iv) The serial number on the coin operated phonorecord player for which the application is made. If a serial number does not appear on that player, all the information required by paragraph (b)(2) of this section shall be given;
    • (v) The name, address, and telephone number of an individual who may be contacted by the Copyright Office for further information about the application; and
    • (vi) The handwritten signature of the operator or the duly authorized agent of the operator. If a business entity is identified as the operator, the signature should be that of an officer if the entity is a corporation or of a partner if the entity is a partnership. The signature shall be accompanied by: (A) A certification that the statements made in the application are correct to the best of the signing person's knowledge; (B) the typed or printed name (and title if the operator is a corporation or partnership) of that person; and (C) the date of signature.
  • (2) If a serial number is not present on the coin-operated phonorecord player for which the application is made, the application shall also contain the following information for that player:
    • (i) Its model number if known;
    • (ii) Its model year and name, if known;
    • (iii) Whether the sound system employed in the player at the time the application is signed is monaural, stereophonic, quadraphonic, or other;
    • (iv) The maximum number of phonorecords it is capable of holding; and
    • (v) The charge to the public for each play at the time the application is signed.
  • (3) Each application shall be accompanied by a fee in the form of a certified check, cashier's check, or money order, in the following amount:
    • (i) $25 per player per year in 1982 and 1983;
    • (ii) $50 per player per year in 1984, 1985, and 1986;
    • (iii) $50 per player per year in 1987 and each year thereafter, subject to a cost of living adjustment as determined by the Copyright Royalty Tribunal;
    • (iv) One-half the applicable annual rate for each player on which performances of nondramatic musical works were made available for the first time after July 1 of any year.
  • (4) A single application may be submitted for multiple players owned or controlled by a particular operator if all the identifying information is given for each player and the proper aggregate fee is submitted for all players covered by the application. However, separate applications must be filed for players covered by the full-year fee and players covered by the half-year fee.
  • (5) The form prescribed by the Copyright Office for the foregoing purposes is designated "Application for Recordation of Coin-Operated Phonorecord Players (Form JB)". Copies of the form are available free upon request to the Licensing Division, United States Copyright Office, Library of Congress, Washington, DC 20557.
  • (6)(i) Where an operator has recorded one or more players in the Copyright Office during a particular year, the Copyright Office will, during the month of December of that year, send to the operator, at the operator's last address shown in the records of the Licensing Division, a "Renewal Application for Recordation of Coin-Operated Phonorecord Players (Form JB/R)". The renewal application will be accompanied by a list of the players recorded by the operator in the Copyright Office earlier during that year; such list will contain the information provided by the operator in its earlier application or applications, and will be based on the assumption that such players were properly identified in the earlier application or applications. The renewal application may be used during the month of January of the immediately succeeding year, in lieu of an application on Form JB, to apply for a compulsory license to cover: (A) Players recorded during the previous year, and (B) any other players operated by the applicant. A renewal application on Form JB/R shall comply with paragraphs (b)(1) through (b)(4) of this section and the instructions accompanying the form; however, a renewal application on Form JB/R may not be used for players covered by a half-year fee.
    • (ii) Nothing in this paragraph (b)(6) shall be considered to relieve an operator from its obligation to file an application for a compulsory license in compliance with, and within the time periods set forth in, section 116 of Title 17 of the United States Code. In particular, and without limiting the foregoing: (A) The receipt of a renewal application form by an operator does not relieve the operator from its obligation to complete and file the application in the Copyright Office; (B) failure to receive a renewal application form from the Copyright Office or the late arrival of such form does not relieve the operator from its obligation to file an application in the Copyright Office within the statutory time periods;(6) (C) neither the receipt of a renewal application form nor the filing of a renewal application shall relieve the operator from its obligation to identify its players fully and accurately in compliance with this section; and (D) the filing of a renewal application does not relieve the operator from its obligation to file an application to cover any players not included in the renewal application as filed.(7)
• (c) Certificate.
  • (1) After receipt of the prescribed form and fee, the Copyright Office will issue a certificate containing the information set forth in paragraphs (b)(1) (i) and (ii) of this section, together with a unique licensing number, the date of issuance of the certificate and the date of expiration of the license. The date of expiration of the license will be December 31st of the year in which the certificate is issued. Certificates issued upon payment of a half-year fee will be valid only after July 1 of the year in which they are issued and will be so identified.
  • (2) The certificate may be affixed in the record selection (title strip) panel of a player or in another position on the player where it can be readily examined by the public, but in any case it must be clearly visible.
  • (3) A certificate issued for a player with auxiliary selectors (wall boxes) shall be affixed to the master control player if the certificate, when so affixed, can be readily examined by the public. If a certificate affixed to the master control player cannot be readily examined by the public, it shall be affixed to one of the auxiliary selectors in a position where it can be so examined.
  • (4) The Copyright Office will advise jukebox operators of errors or omissions appearing on the face of forms submitted to it, and will require that any such obvious errors or omissions (including errors in the calculation of fees) be corrected before certificates will be issued. However, the issuance of a certificate by the Copyright Office shall establish only the fact, date of issuance, and date of expiration of the certificate; it shall in no case be considered a determination that the application form was properly prepared or that all of the requirements to qualify for a compulsory license have been satisfied.
• (d) Replacement certificates. In the case of the loss or destruction of a certificate issued for a particular coin operated phonorecord player, a replacement certificate may be obtained upon submission of a fee of $4 in the form of a certified check, cashier's check or money order, and an affidavit under the official seal of any officer authorized to administer oaths within the United States, or a statement in accordance with section 1746 of Title 28 of the United States Code, made and signed by an operator or agent in accordance with paragraph (b)(1)(vi) of this section. The affidavit or statement shall describe the circumstances of the loss or destruction and give all the information required by paragraphs (b)(1) (i) through (v) and (b)(2) of this section pertaining to the player for which a replacement certificate is desired. A replacement certificate will be identified by an asterisk following the name of the manufacturer.
• (e) Sale or transfers. The sale or transfer of a coin-operated phonorecord player during a period for which the certificate has been issued will not require a new application.
• (f) Time limitations.
  • (1) The Copyright Office may, when it considers it reasonable and appropriate, advise applicants of the time limitations governing the filing of applications and amount of royalty fees as set forth in 17 U.S.C. 116. However, except as set forth in paragraph (f)(2) of this section, the Office will normally not inquire into the date on which performances were actually made available on particular phonorecord players identified in the application or whether such players were previously recorded in the Copyright Office. In the following cases, the Office's acceptance of the application and issuance of a certificate is not to be considered as relieving the operator from any legal consequences arising from the late filing, and shall have only such effect as may be attributed to it by a court of competent jurisdiction: (i) Where, on the date the application covering a particular phonorecord player was received in the Copyright Office, performances had been first made available on that player more than 1 month earlier; and (ii) where, in 1979 and thereafter, a particular phonorecord player had been recorded in the Copyright Office during the previous calendar year, but the application is received after January 31 of the year in question.
  • (2) In the case of an application that is received in the Copyright Office before June 1 of a particular year, and that is accompanied by a half-year fee for each player identified in the application, the Copyright Office will not issue certificates unless the application is accompanied or supplemented by a statement that performances will not be made available on such players until after July 1 of that year. The statement shall be in the form of a letter addressed to the Licensing Division of the Copyright Office, and shall be signed by the operator named in the application or the duly authorized agent of that operator. If a business entity is the operator, the signature or name shall be that of an officer if the entity is a corporation, or a partner if the entity is a partnership, and shall be accompanied by the organizational title of that person. The statement shall, for all purposes including section 116(b)(1)(B) of Title 17 of the United States Code, be considered a part of the application. The statement described in this paragraph shall not be required in the case of applications covering a particular year received in the Copyright Office after June 1 of that year. In any case, if performances are actually made available for the first time on any players covered by half-year fees on or before July 1 of that year, the Office's acceptance of the application and issuance of a certificate is not to be considered as relieving the operator from any legal consequences arising from the failure to pay the correct fee, and shall have only such effect as may be attributed to it by a court of competent jurisdiction.
  • (3) If an application received in the Copyright Office after July 1 of any year is accompanied by the prescribed full-year royalty fee for each player identified, the Copyright Office will assume without further inquiry that the application pertains to players on which performances were made available for the first time on or before July 1 of that year.
• (g) Corrections and refunds.
  • (1) Upon compliance with the procedures and within the time limits set forth in paragraph (g)(3) of this section, corrections to applications for recordation of coin-operated phonorecord players will be made, and corrected certificates and refunds will be issued, in the following cases:
    • (i) Where the same player, identified by the same serial number or other identifying information, is listed more than once in the same application, or in two or more applications filed during the same year by or on behalf of the same operator. In these cases the operator named in the application shall be entitled to a refund of any duplicate fee paid;
    • (ii) Where any of the following information was incorrect at the time the application was signed: (A) The operator's name or address; (B) the serial number or name of the manufacturer of a player; or (C) the identifying information required by paragraph (b)(2) of this section. In any such case the Copyright Office will issue a new certificate containing the correct information. Each corrected certificate will be identified by a double asterisk following the name of the manufacturer.
    • (iii) Where an application contains information that was correct at the time the application was signed but, as the result of Copyright Office error, the certificate contains incorrect information. In this case the Copyright Office will issue a new certificate containing the correct information; and
    • (iv) Where an application was accompanied by payment of the prescribed yearly fee for each phonorecord player listed but, with respect to one or more such players, performances were actually made available for the first time after July 1 of the year in which the application was filed. In this case the operator named in the application shall be entitle to a refund of any excess fee paid and the Copyright Office will issue a new certificate for each player subject to the half-year fee.
  • (2) Corrected certificates or refunds will not be issued after the issuance of original certificates in the following cases:
    • (i) Where the application was correct on the date on which the application was signed, but changes (for example, a change in the operator's name or address, or the sale or destruction of a player) took place later;
    • (ii) Where the application identified one or more players that the operator named in the application never owned or operated, or did not own or operate at the time the application was signed, or where, before the application was signed, an identified player had been destroyed or otherwise rendered permanently incapable of being repaired; or
    • (iii) In any other case not specifically mentioned in paragraph (g)(1) of this section.
  • (3) Requests for corrections and refunds in the cases mentioned in paragraph (g)(1) of this section shall be made to the Licensing Division of the Copyright Office, and shall meet the following conditions:
    • (i) The request must be in writing, must be clearly identifiable as a request for a correction or refund, and, except in the cases described in paragraph (g)(1)(iii) of this section, must be received in the Copyright Office with the appropriate fee, certificate or certificates, and affidavit (where required) before the expiration of 30 days from the date on which the original certificate was issued by the Copyright Office. A request made by telephone or by telegraphic or similar unsigned communication, will be considered to meet this requirement, if it clearly identifies the basis of the request, if it is received in the Copyright Office within the required 30-day period, and if a written request meeting all the conditions of this paragraph (g)(3) of this section is also received in the Copyright Office within 14 days after the end of such 30-day period.
    • (ii) The original application pertaining to each correction must be sufficiently identified in the request so that it can be readily located in the records of the Copyright Office.
    • (iii) The original certificate pertaining to each correction or refund must be returned to the Copyright Office within the time period prescribed by paragraph (g)(3)(i) of this section. No request will be processed until the applicable certificate is returned; and
    • (iv) The request must contain a clear statement of the facts on which it is based, in accordance with the following requirements:
      • (A) In the case of duplicate listings (paragraph (g)(1)(i)) a precise and accurate identification of the particular player or players must be given.
      • (B) In the case of incorrect information given in the application (paragraph (g)(1)(ii) of this section) the request must clearly identify the erroneous information and provide the correct information.
      • (C) In the case of a certificate that contains erroneous information resulting from Copyright Office error (paragraph (g)(1)(iii) of this section) the error must be clearly indicated.
      • (D) In the case of overpayment within the meaning of paragraph (g)(1)(iv) of this section, the request must be accompanied by an affidavit under the official seal of any officer authorized to administer oaths within the United States, or a statement in accordance with section 1746 of Title 28 of the United States Code, made and signed by the operator named in the application or the duly authorized agent of that operator in accordance with paragraph (b)(1)(vi) of this section. The affidavit or statement shall: aver that performances of nondramatic musical works were actually made available on the particular phonorecord player(s) for the first time after July 1 of the year covered by the application; give the exact date, including month, day, and year on which such performances were first made available and the location where that event took place; specifically identify the particular phonorecord player(s) involved by the same identifying information as given in the application; and include a brief explanation of the reason for the original submission of a full-year fee for those players.
    • (v) In those cases where corrections or refunds are to be made under paragraph (g)(1) of this section, the request must be accompanied by a certified check, cashier's check, or money order in the following amount: (A) In the case of a duplicate listing (paragraph (g)(1)(i) of this section): $4 for each application involved; (B) in the case of an error in the operator's name or address (paragraph (g)(1)(ii)(A)) or overpayment within the meaning of paragraph (g)(1)(iv) of this section: $4 for each separate original application pertaining to the certificates to be corrected; and (C) in the case of an error in the serial number or name of the manufacturer of the player, or other identifying information (paragraphs (g)(1)(ii) (B) and (C) of this section): $4 for each separate certificate to be corrected. No request will be processed until the appropriate fee is received; and
    • (vi) The request must be signed by the operator named in the application, or the duly authorized agent of the operator, in accordance with paragraph (b)(1)(vi) of this section.
  • (4) Each request for correction or refund will be made part of the original application in the records of the Copyright Office. Nothing contained in this paragraph (g) shall be considered to relieve the operator from its full obligations under Title 17 of the United States Code, including penalties for affixing a certificate to a player other than the one it covers.
• (h) Supplemental certificates for 1982.
  • (1) In all cases, new supplemental certificates for 1982 must replace those issued prior to June 15, 1982. The Copyright Office will attempt to notify all jukebox operators who recorded a player in 1982 of the need to obtain supplemental certificates. Jukebox operators who for any reason are not notified are not relieved of their obligation to obtain supplemental certificates.
    • (i) Jukebox operators who were previously issued certificates for 1982 at the $8 rate must apply for supplemental certificates on a form prescribed by the Copyright Office and pay an additional $17 per player on or before July 15, 1982. The form shall be signed in the manner designated in paragraph (b)(vi) of this § 201.16 for original certificates. Copies of the form are free upon request to the Licensing Division, United States Copyright Office, Library of Congress, Washington, DC 20557.
    • (ii) Jukebox operators who have already submitted $25 fee should notify the Copyright Office to provide them with a supplemental certificate at no additional cost.
  • (2) Supplemental certificates must be affixed to each player within 10 days after the certificate is issued.
  • (3) Acceptance by the Copyright Office of applications for supplemental certificates after July 15, 1982, and issuance of corresponding certificates, is not to be considered as relieving the operator from any legal consequences arising from the late filing, and shall have only such effect as may be attributed to it by a court of competent jurisdiction.