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

§ 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 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 Calendar years
2018 2019 2020 2021 2022
Level 1 0-249,999 $697 $711 $725 $739 $754
Level 2 250,000-499,999 1,243 1,268 1,294 1,319 1,346
Level 3 500,000-999,999 1,864 1,901 1,939 1,978 2,017
Level 4 1,000,000-1,499,999 2,486 2,535 2,586 2,638 2,691
Level 5 1,500,000-1,999,999 3,107 3,169 3,232 3,297 3,363
Level 6 2,000,000-2,499,999 3,728 3,803 3,879 3,956 4,035
Level 7 2,500,000-2,999,999 4,349 4,436 4,525 4,615 4,708
Level 8 3,000,000 and above 6,214 6,338 6,465 6,594 6,726

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

Population count Calendar years
2018 2019 2020 2021 2022
Level 1 0-249,999 $697 $711 $725 $739 $754
Level 2 250,000-499,999 697 711 725 739 754
Level 3 500,000-999,999 697 711 725 739 754
Level 4 1,000,000-1,499,999 870 887 905 923 942
Level 5 1,500,000-1,999,999 1,087 1,109 1,131 1,154 1,177
Level 6 2,000,000-2,499,999 1,305 1,331 1,357 1,384 1,412
Level 7 2,500,000-2,999,999 1,522 1,552 1,583 1,615 1,647
Level 8 3,000,000 and above 2,175 2,218 2,262 2,308 2,354

(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 Calendar years
2018 2019 2020 2021 2022
Level 1 0-249,999 $697 $711 $725 $739 $754
Level 2 250,000-499,999 1,243 1,268 1,294 1,319 1,346
Level 3 500,000-999,999 1,864 1,901 1,939 1,978 2,017
Level 4 1,000,000-1,499,999 2,486 2,535 2,586 2,638 2,691
Level 5 1,500,000-1,999,999 3,107 3,169 3,232 3,297 3,363
Level 6 2,000,000-2,499,999 3,728 3,803 3,879 3,956 4,035
Level 7 2,500,000-2,999,999 4,349 4,436 4,525 4,615 4,708
Level 8 3,000,000 and above 6,214 6,338 6,465 6,594 6,726

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

Population count Calendar years
2018 2019 2020 2021 2022
Level 1 0-249,999 $697 $711 $725 $739 $754
Level 2 250,000-499,999 697 711 725 739 754
Level 3 500,000-999,999 697 711 725 739 754
Level 4 1,000,000-1,499,999 870 887 905 923 942
Level 5 1,500,000-1,999,999 1,087 1,109 1,131 1,154 1,177
Level 6 2,000,000-2,499,999 1,305 1,331 1,357 1,384 1,412
Level 7 2,500,000-2,999,999 1,522 1,552 1,583 1,615 1,647
Level 8 3,000,000 and above 2,175 2,218 2,262 2,308 2,354

(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 2018 2019 2020 2021 2022
Level 1 0-249,999 $152 $155 $158 $161 $164
Level 2 250,000-499,999 253 258 263 268 274
Level 3 500,000-999,999 380 388 396 403 411
Level 4 1,000,000-1,499,999 507 517 527 538 548
Level 5 1,500,000-1,999,999 634 647 660 673 686
Level 6 2,000,000-2,499,999 760 775 790 806 822
Level 7 2,500,000-2,999,999 887 905 923 941 960
Level 8 3,000,000 and above 1,268 1,293 1,318 1,344 1,371

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

Population count 2018 2019 2020 2021 2022
Level 1 0-249,999 $152 $155 $158 $161 $164
Level 2 250,000-499,999 152 155 158 161 164
Level 3 500,000-999,999 152 155 158 161 164
Level 4 1,000,000-1,499,999 177 181 185 188 192
Level 5 1,500,000-1,999,999 222 227 231 236 240
Level 6 2,000,000-2,499,999 266 271 277 282 288
Level 7 2,500,000-2,999,999 311 317 323 330 336
Level 8 3,000,000 and above 444 452 461 470 480

(4) For the performance of any other such compositions, in 2018 through 2022, $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; 83 FR 2741, Jan. 19, 2018]

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United States Code

Title 37 published on 01-Feb-2018 04:04

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR Part 381 after this date.

  • 2018-01-19; vol. 83 # 13 - Friday, January 19, 2018
    1. 83 FR 2739 - Determination of Rates and Terms for Public Broadcasting (PB III)
      GPO FDSys XML | Text
      LIBRARY OF CONGRESS, Copyright Royalty Board
      Final rule.
        Effective date: This rule is effective on January 19, 2018. Applicability dates: This rule applies to the license period January 1, 2018, through December 31, 2022.
      37 CFR Part 381