37 CFR 255.5 - Royalty rate for digital phonorecord deliveries in general.

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§ 255.5 Royalty rate for digital phonorecord deliveries in general.

(a) For every digital phonorecord delivery made on or before December 31, 1997, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 6.95 cents, or 1.3 cents per minute of playing time or fraction thereof, whichever amount is larger.

(b) For every digital phonorecord delivery made on or after January 1, 1998, except for digital phonorecord deliveries where the reproduction or distribution of a phonorecord is incidental to the transmission which constitutes the digital phonorecord delivery, as specified in 17 U.S.C. 115(c)(3)(C) and (D), the royalty rate payable with respect to each work embodied in the phonorecord shall be the royalty rate prescribed in § 255.3 for the making and distribution of a phonorecord made and distributed on the date of the digital phonorecord delivery (the “Physical Rate”). In any future proceeding under 17 U.S.C. 115(c)(3)(C) or (D), the royalty rates payable for a compulsory license for digital phonorecord deliveries in general shall be established de novo, and no precedential effect shall be given to the royalty rate payable under this paragraph for any period prior to the period as to which the royalty rates are to be established in such future proceeding.

[ 64 FR 6223, Feb. 9, 1999]

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United States Code

Title 37 published on 2015-12-02

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR Part 255 after this date.

  • 2017-02-06; vol. 82 # 23 - Monday, February 6, 2017
    1. 82 FR 9354 - Copyright Office Technical Amendments
      GPO FDSys XML | Text
      LIBRARY OF CONGRESS, Copyright Office
      Final rule.
      Effective March 8, 2017.
      37 CFR Parts 201, 202, 203, 204, 205, 210, 211, 212, 253, 254, 255, 256, 258, 260, 261, 262, 263, and 270

Title 37 published on 2015-12-02.

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.

  • 2017-02-06; vol. 82 # 23 - Monday, February 6, 2017
    1. 82 FR 9354 - Copyright Office Technical Amendments
      GPO FDSys: XML | Text
      LIBRARY OF CONGRESS, Copyright Office
      Final rule.
      Effective March 8, 2017.
      37 CFR Parts 201, 202, 203, 204, 205, 210, 211, 212, 253, 254, 255, 256, 258, 260, 261, 262, 263, and 270