37 CFR 381.6 - Performance of musical compositions by other public broadcasting entities.

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§ 381.6 Performance of musical compositions by other public broadcasting entities.

(a) Scope. This section applies to the performance of copyrighted published nondramatic musical compositions by radio stations not licensed to colleges, universities, or other nonprofit educational institutions and which are not affiliated with NPR. In the event that a station owned by a public broadcasting entity broadcasts programming by means of an in-band, on-channel (“IBOC”) digital radio signal and such programming is different than the station's analog broadcast programming, then any such programming shall be deemed to be provided by a separate station requiring a separate royalty payment.

(b) Definitions. As used in paragraphs (d) and (e) of this section, the following terms and their variant forms mean the following:

(1) Feature Music shall mean any performance of a musical work, whether live or recorded, that is the principal focus of audience attention. Feature Music does not include bridge, background, or underscore music, themes or signatures, interstitial music between programs such as in public service announcements or program sponsorship identifications, brief musical transitions in and out of program segments (not to exceed 60 seconds in duration), incidental performances of music during broadcasts of public, religious, or sports events, or brief performances during news, talk, religious, and sports programming of no more than 30 seconds in duration.

(2) Population Count. The combination of:

(i) The number of persons estimated to reside within a station's Predicted 60 dBu Contour, based on the most recent available census data; and

(ii) The nonduplicative number of persons estimated to reside in the Predicted 60 dBu Contour of any Translator or Booster Station that extends a public broadcasting entity's signal beyond the contours of a station's Predicted 60 dBu Contour.

(iii) In determining Population Count, a station or a Translator or Booster Station may use and report the total population data, from a research company generally recognized in the broadcasting industry, for the radio market within which the station's community license is located.

(3) Predicted 60 dBu Contour shall be calculated as set forth in 47 CFR 73.313.

(4) Talk Format Station shall mean a noncommercial radio station:

(i) Whose program content primarily consists of talk shows, news programs, sports, community affairs or religious sermons (or other non-music-oriented programming);

(ii) That performs Feature Music in less than 20% of its programming annually; and

(iii) That performs music-oriented programming for no more than four (4) programming hours during the hours from 6 a.m. to 10 p.m. each weekday, with no two (2) hours of such programming occurring consecutively, with the exception of up to five (5) weekdays during the year.

(5) Weekday shall mean the 24-hour period starting at 12 a.m. through 11:59 p.m. on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays occurring between January 1 of a given year up to and including Thanksgiving day of that year.

(6) Translator Station and Booster Station shall have the same meanings as set forth in 47 CFR 74.1201.

(c) 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 noncommercial radio stations within the scope of this section 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.

(d) 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, the royalty rates shall be as follows:

(i) Music Fees (Stations with 20% or more programming containing Feature Music):

Population count 2013 2014 2015 2016 2017
Level 1 0-249,999 $631 $644 $657 $670 $683
Level 2 250,000-499,999 1,126 1,149 1,171 1,195 1,219
Level 3 500,000-999,999 1,688 1,722 1,756 1,791 1,827
Level 4 1,000,000-1,499,999 2,251 2,296 2,342 2,389 2,437
Level 5 1,500,000-1,999,999 2,814 2,870 2,928 2,986 3,046
Level 6 2,000,000-2,499,999 3,377 3,445 3,513 3,584 3,655
Level 7 2,500,000-2,999,999 3,939 4,018 4,098 4,180 4,264
Level 8 3,000,000 and above 5,628 5,741 5,855 5,972 6,092

(ii) Talk Format Station Fees (Stations with <20% Feature Music programming):

Population count 2013 2014 2015 2016 2017
Level 1 0-249,999 $631 $644 $657 $670 $683
Level 2 250,000-499,999 631 644 657 670 683
Level 3 500,000-999,999 631 644 657 670 683
Level 4 1,000,000-1,499,999 788 804 820 836 853
Level 5 1,500,000-1,999,999 985 1,005 1,025 1,045 1,066
Level 6 2,000,000-2,499,999 1,182 1,206 1,230 1,254 1,279
Level 7 2,500,000-2,999,999 1,379 1,406 1,434 1,463 1,492
Level 8 3,000,000 and above 1,970 2,009 2,049 2,090 2,132

(2) For all such compositions in the repertory of BMI, the royalty rates shall be as follows:

(i) Music Fees (Stations with 20% or more programming containing Feature Music):

Population count 2013 2014 2015 2016 2017
Level 1 0-249,999 $631 $644 $657 $670 $683
Level 2 250,000-499,999 1,126 1,149 1,171 1,195 1,219
Level 3 500,000-999,999 1,688 1,722 1,756 1,791 1,827
Level 4 1,000,000-1,499,999 2,251 2,296 2,342 2,389 2,437
Level 5 1,500,000-1,999,999 2,814 2,870 2,928 2,986 3,046
Level 6 2,000,000-2,499,999 3,377 3,445 3,513 3,584 3,655
Level 7 2,500,000-2,999,999 3,939 4,018 4,098 4,180 4,264
Level 8 3,000,000 and above 5,628 5,741 5,855 5,972 6,092

(ii) Talk Format Station Fees (Stations with <20% Feature Music programming):

Population count 2013 2014 2015 2016 2017
Level 1 0-249,999 $631 $644 $657 $670 $683
Level 2 250,000-499,999 631 644 657 670 683
Level 3 500,000-999,999 631 644 657 670 683
Level 4 1,000,000-1,499,999 788 804 820 836 853
Level 5 1,500,000-1,999,999 985 1,005 1,025 1,045 1,066
Level 6 2,000,000-2,499,999 1,182 1,206 1,230 1,254 1,279
Level 7 2,500,000-2,999,999 1,379 1,406 1,434 1,463 1,492
Level 8 3,000,000 and above 1,970 2,009 2,049 2,090 2,132

(3) For all such compositions in the repertory of SESAC, the royalty rates shall be as follows:

(i) Music fees for stations with > = 20% Feature Music programming:

Population count 2013 2014 2015 2016 2017
Level 1 0-249,999 $138 $140 $143 $146 $149
Level 2 250,000-499,999 230 234 239 244 248
Level 3 500,000-999,999 345 352 359 366 373
Level 4 1,000,000-1,499,999 459 468 478 487 497
Level 5 1,500,000-1,999,999 574 586 597 609 622
Level 6 2,000,000-2,499,999 689 702 716 731 745
Level 7 2,500,000-2,999,999 804 820 836 853 870
Level 8 3,000,000 and above 1,149 1,171 1,195 1,219 1,243

(ii) Talk fees for stations with <20% Feature Music programming:

Population count 2013 2014 2015 2016 2017
Level 1 0-249,999 $138 $140 $143 $146 $149
Level 2 250,000-499,999 138 140 143 146 149
Level 3 500,000-999,999 138 140 143 146 149
Level 4 1,000,000-1,499,999 161 164 167 170 174
Level 5 1,500,000-1,999,999 201 205 209 213 218
Level 6 2,000,000-2,499,999 241 246 251 256 261
Level 7 2,500,000-2,999,999 281 287 293 299 305
Level 8 3,000,000 and above 402 410 418 427 435

(4) For the performance of any other such compositions, in 2013 through 2017, $1.

(e) 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. Each annual payment shall be accompanied by a signed declaration stating the Population Count of the public broadcasting entity and the source for such Population Count. An exact copy of such declaration shall be furnished to each of ASCAP, BMI and SESAC. Upon prior written notice thereof from ASCAP, BMI and SESAC, a public broadcasting entity shall make its books and records relating to its Population Count available for inspection. In the event that a public broadcasting entity wishes to be deemed a Talk Format Station, then such entity shall provide a signed declaration stating that Feature Music is performed in less than 20% of its annual programming and that it complies with the caps set forth in paragraph (b)(4) of this section. An exact copy of such declaration shall be furnished to each of ASCAP, BMI and SESAC. Upon prior written notice thereof from ASCAP, BMI or SESAC, a public broadcasting entity shall make its program schedule or other documentation supporting its eligibility as a Talk Format Station available for inspection.

(f) 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 each 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 77 FR 71106, Nov. 29, 2012]

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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 Part 381 after this date.

  • 2015-11-24; vol. 80 # 226 - Tuesday, November 24, 2015
    1. 80 FR 73117 - Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
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      LIBRARY OF CONGRESS, Copyright Royalty Board
      Final rule.
      Effective Date: December 24, 2015.
      37 CFR Part 381