[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR201.35]

[Page 410-411]
 
             TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 201--GENERAL PROVISIONS--Table of Contents
 
Sec. 201.35  Initial Notice of Digital Transmission of Sound Recordings under Statutory License.

    (a) General. This section prescribes rules under which copyright 
owners shall receive initial notice of use of their sound recordings 
under statutory license under section 114(f) of title 17 of the United 
States Code, as amended by Public Law 104-39, 109, Stat. 336.
    (b) Definitions. (1) An Initial Notice of Digital Transmission of 
Sound Recordings under Statutory License is a notice to sound recording 
copyright owners of the use of their works under section 114(f), and 
required under this regulation to be filed by a Service in the Copyright 
Office.
    (2) A Service is an entity engaged in the digital transmission of 
sound recordings, pursuant to section 114(f) of title 17 of the United 
States Code.
    (c) Forms. The Copyright Office does not provide printed forms for 
the filing of Initial Notices.
    (d) Content. An ``Initial Notice of Digital Transmission of Sound 
Recordings under Statutory License'' shall be identified as such by 
prominent caption or heading, and shall include the following:
    (1) The full legal name of the Service commencing digital 
transmission of sound recordings under statutory license;
    (2) The full address, including a specific number and street name or 
rural route, of the place of business of the Service. A post office box 
or similar designation will not be sufficient except where it is the 
only address that can be used in that geographic location;
    (3) The telephone number and facsimile number of the Service; and
    (4) Information on how to gain access to the online website or home 
page of the Service, or where information may be posted under these 
regulations concerning the use of sound recordings under statutory 
license.
    (e) Signature. The Initial Notice shall include the signature of the 
appropriate officer or representative of the Service transmitting sound 
recordings under statutory license. The signature shall be accompanied 
by the printed or

[[Page 411]]

typewritten name and title of the person signing the Notice, and by the 
date of signature.
    (f) Filing. A Service shall file the Initial Notice with the 
Licensing Division of the Copyright Office prior to the first 
transmission of sound recordings under the license, or within 45 days of 
the effective date of this regulation. Each Notice shall be accompanied 
by a filing fee of $20. Initial Notices and amendments will be placed in 
the public records of the Licensing Division of the Copyright Office, 
and posted online where they will be accessible through the Copyright 
Office website. The address of the Licensing Division is: Library of 
Congress, Copyright Office, Licensing Division, 101 Independence Avenue, 
SE., Washington, DC 20557-6400.
    (g) Amendments. A Service shall file with the Licensing Division of 
the Copyright Office an amendment reporting a change in the information 
reported in the Initial Notice within 45 days of the change. An 
amendment shall be accompanied by a fee of $20, and shall:
    (1) Be clearly and prominently identified as ``An Amendment to an 
Initial Notice of Digital Transmission of Sound Recordings under 
Statutory License'';
    (2) Identify the specific Initial Notice intended to be amended, by 
Service name and filing date, so that it may be readily located in the 
records of the Copyright Office;
    (3) Clearly specify the nature of the amendment to be made; and
    (4) Be signed and dated in accordance with this section.

[63 FR 34296, June 24, 1998]