Code of Federal Regulations

Title 37—Patents, Trademarks, and Copyrights

Copyright Royalty Board regulations codified in the Code of Federal Regulations (CFR), chapter III.

Subchapter A—General Provisions

Part Title
301 Organization
301.1 Copyright Royalty Board
301.2 Official addresses
302 Public Access To Records
302.1 Public records and access
302.2 Fees

Subchapter B—Copyright Royalty Judges Rules and Procedures

Part Title
350 General Administrative Procedures
350.1 Scope
350.2 Representation
350.3 Caption required
350.4 Filing and service
350.5 Time
350.6 Construction and waiver
351 Proceedings
351.1 Initiation of proceedings
351.2 Voluntary negotiation period; settlement
351.3 Controversy and further proceedings
351.4 Written direct statements
351.5 Discovery in royalty rate proceedings
351.6 Discovery in distribution proceedings
351.7 Settlement conference
351.8 Pre-hearing conference
351.9 Conduct of hearings
351.10 Evidence
351.11 Rebuttal proceedings
351.12 Closing the record
351.13 Transcript and record
351.14 Proposed findings of fact and conclusions of law
351.15 Remand
352 Determinations
352.1 How made
352.2 Timing
352.3 Final determinations
353 Rehearing
353.1 When granted
353.2 Form and content of rehearing motions
353.3 Procedure on rehearing
353.4 Filing deadline
353.5 Participation not required
354 Submissions to the Register of Copyrights
354.1 Material questions of copyright law
354.2 Novel questions
354.3 Register of Copyrights' authority to redesignate referrals

Subchapter C—Submission of Royalty Claims

Part Title
360 Filing of Claims to Royalty Fees Collected under Compulsory License
Subpart A Cable Claims
360.1 General
360.2 Time of filing
360.3 Form and content of claims
360.4 Compliance with statutory dates
360.5 Copies of claims
Subpart B Satellite Claims
360.10 General
360.11 Time of filing
360.12 Form and content of claims
360.13 Compliance with statutory dates
360.14 Copies of claims
360.15 Separate claims required
Subpart C Digital Audio Recording Devices and Media Royalty Claims
360.20 General
360.21 Time of filing
360.22 Form and content of claims
360.23 Content of notices regarding independent administrators
360.24 Compliance with statutory dates
360.25 Copies of claims

Subchapter D—Notice and Recordkeeping Requirements for Statutory Licenses

Part Title
370.1

General definitions

370.2 Notice of use of sound recordings under statutory license
370.3

Reports of use of sound recordings under statutory license for preexisting subscription services

370.4

Reports of use of sound recordings under statutory license for nonsubscription transmission services, preexisting satellite digital audio radio services, new subscription services and business establishment services

370.5

Designated collection and distribution organizations for reports of use of sound recordings under statutory license

Subchapter E—Rates and Terms for Statutory Licenses

Part Title
380 Rates and Terms for Certain Eligible Nonsubscription Transmissions, New Subscription Services and the Making of Ephemeral Reproductions
380.1 General
380.2 Definitions
380.3 Royalty fees for the public performance of sound recordings and for ephemeral recordings
380.4 Terms for making payment of royalty fees and statements of account
380.5 Confidential information
380.6 Verification of royalty payments
380.7 Verification of royalty distributions
380.8 Unclaimed funds
381 Use of Certain Copyrighted Works in Connection with Noncommercial Educational Broadcasting
381.1 General
381.2 Definition of public broadcasting entity
381.4 Performance of musical compositions by PBS, NPR and other public broadcasting entities engaged in the activities set forth in 17 U.S.C. 118(c)
381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities
381.6 Performance of musical compositions by other public broadcasting entities
381.7 Recording rights, rates and terms
381.8 Terms and rates of royalty payments for the use of published pictorial, graphic, and sculptural works
381.9 Unknown copyright owners
381.10 Cost of living adjustment
381.11 Notice of restrictions on use of reproductions of transmission programs
382 Rates and Terms for Digital Transmissions of Sound Recordings and the Reproduction of Ephemeral Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services
Subpart A Preexisting Subscription Services
382.1 General
382.2 Definitions
382.3 Royalty fees for the digital performance of sound recordings and the making of ephemeral phonorecords by preexisting subscription services
382.4 Terms for making payment of royalty fees
382.5 Confidential information and statements of account
382.6 Verification of statements of account
382.7 Verification of royalty payments
382.8 Unclaimed funds
Subpart B Preexisting Satellite Digital Audio Radio Services
382.10 General
382.11 Definitions
382.12 Royalty fees for the public performance of sound recordings and the making of ephemeral recordings
382.13 Terms for making payment of royalty fees and statements of account
382.14 Confidential information
382.15 Verification of royalty payments
382.16 Verification of royalty distributions
382.17 Unclaimed funds
383 Rates and Terms for Subscription Transmissions and the Reproduction of Ephemeral Recordings by New Subscription Services
383.1 General
383.2 Definitions
383.3 Royalty fees for public performances of sound recordings and the making of ephemeral recordings
383.4 Terms for making payment of royalty fees
384 Rates and Terms for the Making of Ephemeral Recordings by Business Establishment Services
384.1 General
384.2 Definitions
384.3 Royalty fees for Ephemeral Recordings
384.4 Terms for making payment of royalty fees and statements of account
384.5 Confidential information
384.6 Verification of royalty payments
384.7 Verification of royalty distributions
384.8 Unclaimed funds
385 Rates and Terms for Use of Musical Works under Compulsory License for Making and Distributing of Physical and Digital Phonorecords
Subpart A Physical Phonorecord Deliveries, Permanent Digital Downloads and Ringtones
385.1 General
385.2 Definitions
385.3 Royalty rates for making and distributing phonorecords
385.4 Late payments
Subpart B Interactive Streaming, Other Incidental Digital Phonorecord Deliveries and Limited Downloads
385.10 General
385.11 Definitions
385.12 Calculation of royalty payments in general
385.13 Minimum royalty rates and subscriber-based royalty floors for specific types of services
385.14 Promotional royalty rate
385.16 Reproduction and distribution rights covered
385.17 Effect of rates
386 Adjustment of Royalty fees for secondary transmissions by satellite carriers
386.1 General
386.2 Royalty fee for secondary transmission by satellite carriers