Current Developments

June 13, 2017

New Regulations Regarding Procedures for Filing Cable and Satellite Claims Now in Effect

Beginning in July 2017, claimants or their authorized representatives who wish to file online claims to royalty funds for cable and satellite retransmission of broadcast television programs must register for and use the new eCRB electronic filing system. Claimants will have access to eCRB via a link on the CRB website starting in mid-June, and registration is free.

Any claimant who does not have access to the Internet, must file a paper claim. Claimants filing paper claims should contact the CRB at 202-707-7658 early in July to obtain the required claim form so they can file their claim by mail or by delivering it in accordance with CRB regulations relating to paper filings. The required printable claim forms will also be posted on the CRB website, and they will be available only during the filing period (the month of July 2017).

The CRB has recently revised its regulations regarding filing of claims (37 CFR 350.5, 360). See 82 FR 27016. All claimants should review them closely prior to preparing claims.

Because the eCRB system will be new to all users, claimants are urged to register for eCRB as soon as it launches in mid-June and file claims EARLY in July to allow for any system glitches the CRB has been unable to anticipate. The dates for filing claims are in the Copyright Act, and the Judges do not have the authority to extend the filing deadline.

June 9, 2017

New Procedures for Filing Cable and Satellite Claims

Beginning in July 2017, claimants or their authorized representatives who wish to file online claims to royalty funds for cable and satellite retransmission of broadcast television programs must register for and use the new eCRB electronic filing system. Claimants will have access to eCRB via a link on the CRB website starting in mid-June, and registration is free. Any claimant who does not have access to the Internet, must file a paper claim. Claimants filing paper claims should contact the CRB early in July to obtain the required claim form so they can file their claim by mail or by delivering it in accordance with CRB regulations relating to paper filings.

The CRB’s revised regulations regarding filing of claims (37 CFR 350.5, 360) will be published in the Federal Register on Tuesday, June 13, and available for public inspection on Monday, June 12. All claimants should review them closely prior to preparing claims.

Because the eCRB system will be new to all users, claimants are urged to register for eCRB as soon as it launches in mid-June and file claims EARLY in July to allow for any system glitches the CRB has been unable to anticipate. The dates for filing claims are in the Copyright Act, and the Judges do not have the authority to extend the filing deadline.

April 20, 2017

The Copyright Royalty Judges issued new procedural regulations on April 20 that govern the form and content of filings. The changes include the addition of page limits, revised deadlines for responsive filings, and a new requirement to present proposed orders with each filed motion. The new regulations also outline rules that will apply once eCRB (the electronic filing system) is in place. Click on the Federal Register Notices tab and the Governing Laws tab for links to a detailed announcement and to the current regulations.

March 10, 2017

The Copyright Royalty Judges give notice that royalties collected during 2016 under the Audio Home Recording Act of 1992—royalties paid for the manufacture and distribution of digital audio recording devices and media (DART)—have declined dramatically, to the extent that amounts deposited are insufficient to cover the costs of managing the DART funds and subfunds and distributing royalties to claimants.

Under section 1007 of the Copyright Act, the Judges are required to determine whether fund distribution controversies exist and either distribute uncontroverted royalties or commence a distribution proceeding to resolve controversies. As of royalty year 2016, however, the DART funds and subfunds are depleted, rendering it impossible for the Judges to fulfill this directive.

Accordingly, as a matter of administrative necessity, the Judges will not entertain filings related to distribution of DART funds (to establish either a controversy or lack of controversy) until further notice. See Environmental Defense Fund, Inc. v. EPA, 636 F.2d 1267, 1282 (D.C. Cir. 1980) (recognizing that “an agency may depart from the requirements of a regulatory statute . . . to cope with the administrative impossibility of applying the commands of the substantive statute”).Current legal proceedings relating to interpretation of the DART provisions of the Copyright Act and its application to emerging technologies might result in additional royalty deposits in the future.

Parties intending to claim DART royalties for 2017 or future years, assuming DART accounts receive more royalty deposits, must continue to file timely claims in accordance with chapters 8 and 10 of the Copyright Act and the Judges’ procedural rules at 37 C.F.R. chapter III. Filing of 2017 DART claims will commence January 1, 2018, and will end February 28, 2018.

January 10, 2017

Docket No. 2006-1 CRB DSTRA (2007-12)
Read: Ruling on Regulatory Interpretation Referred by United States District Court for the District of Columbia

October 17, 2016

Copyright Royalty Board News, Issue 152: Interviews Invited Regarding Electronic Filing System to be Implemented by Copyright Royalty Board

September 2, 2016

Docket No. 2006-1 CRB DSTRA: Hearing Order

March 4, 2016

The Copyright Royalty Judges have issued their final Web IV Determination and a second amended Exhibit A containing the final regulations. The final Determination including the final regulations is available here.

December 24, 2015

The Copyright Royalty Judges have amended the regulatory language codifying the terms of their Web IV Determination. The corrections do not alter the substance of the Determination or supersede any voluntary agreements. The amended version is available here.

December 16, 2015

The Copyright Royalty Judges today issued their written determination of royalty rates and terms to apply from January 1, 2016, through December 31, 2020, to digital performance of sound recordings over the Internet by nonexempt, noninteractive transmission services (webcasters) and to the making of ephemeral recordings to facilitate those performances. The written determination is currently being reviewed by the parties to the proceeding to determine which portions, if any, contain confidential information that must be redacted from the version that will be released to the public.

The rate for commercial subscription services in 2016 is $0.0022 per-performance. The rate for commercial nonsubscription services in 2016 is $0.0017 per-performance. The rates for the period 2017 through 2020 for both subscription and nonsubscription services shall be adjusted to reflect the increases or decreases, if any, in the general price level, as measured by the Consumer Price Index applicable to that rate year, as set forth in the regulations adopted by the Judges’ determination.

The rates for noncommercial webcasters are: $500 annually for each station or channel for all webcast transmissions totaling not more than 159,140 Aggregate Tuning Hours (ATH) in a month, for each year in the rate term. In addition, if, in any month, a noncommercial webcaster makes total transmissions in excess of 159,140 ATH on any individual channel or station, the noncommercial webcaster shall pay per-performance royalty fees for the transmissions it makes on that channel or station in excess of 159,140 ATH at the rate of $0.0017 per-performance. The rates for transmissions over 159,140 ATH per month for the period 2017 through 2020 shall be adjusted to reflect the increases or decreases, if any, in the general price level, as measured by the Consumer Price Index applicable to that rate year, as set forth in the regulations adopted by this determination.

The Judges also determined details relating to the rates for each category of webcasting service, such as minimum fee and administrative terms. The regulatory language codifying the terms of the Judges’ determination is available on the Copyright Royalty Board website.

Docket No. 14-CRB-0001-WR (Web IV) (2016-2020)

• Read: Initial Briefs, Responses, and Supplemental Briefs on Novel Substantive Question of Law (October 2015)
• Read: Memorandum Opinion on Novel Material Questions of Law
  (November 2015)
• Read: Amended Exhibit A (Terms) to Determination of Royalty Rates and Terms for Ephemeral Recording and Digital Performance of Sound Recordings (Web-IV) (December 2015)
• Read: Determination
• Read: Exhibit A
• Read: Order on SoundExchange Motion for Rehearing
• Read: Web IV Determination (final) (March 2016)

Docket No. 15–CRB–0010–CA (Adjustment of Cable Statutory License Royalty Rates)

• Read: Federal Register Notice
• Read: Petitions to Participate
  • Phase I Parties
  • National Cable & Telecommunications Association (NCTA) and American Cable Association (ACA)

Docket No. 14-CRB-0011 SD (2013) Distribution of the 2013 Satellite Royalty Funds

• Read 79 FR 245 (December 2014) Version: PDF
• Read: Comments
• Read: Petitions to Participate (July 2015)

Docket No. 14-CRB-0010 CD (2013) Distribution of the 2013 Cable Royalty Funds

• Read 79 FR 245 (December 2014) Version: PDF
• Read: Comments
• Read: Petitions to Participate (July 2015)

Docket No. 14–CRB–0006-DART (2013): Distribution of the 2013 DART Sound Recordings Fund Royalties

• Read FR Notice soliciting comments on motion for partial distribution.
  79 FR 60185 (October 6, 2014) Version: PDF
• Read Comments (November 2014)
• Read Petitions to Participate (September 2015)
  • AARC
  • Eugene "Lambchops" Curry
• Read Determination and Order

Docket No. 14–CRB–0008–SD (2010–2012): Distribution of the 2012 Satellite Royalty Funds. Read FR Notice requesting comments.
79 FR 59306 (October 1, 2014) Version: PDF

• Read Petitions to Participate
• Read Comments (November 2014)

Docket No. 14–CRB–0007–CD (2010–2012): Distribution of the 2012 Cable Royalty Funds. Read FR Notice requesting comments.
79 FR 59306 (October 1, 2014) Version: PDF

• Read Petitions to Participate
• Read Comments (November 2014)

Docket No. 2008-1 -CRB CD 1998-99 (Phase II)

• Read Order Granting Hearing on Scheduled Date
• Read Order Regarding Hearing Schedule
• Read Written Direct Statements (December 2013)
  • Independent Producers Group (IPG)
  • Settling Devotional Claimants (SDC)
• Read Rebuttal Statements (March 2014)
  • Independent Producers Group (IPG)
  • Settling Devotional Claimants (SDC
• Read Rebuttal Statements (August 2014)
  • Settling Devotional Claimants (SDC)
  • Independent Producers Group (IPG)
• Read Proposed Findings of Fact and Conclusion of Law
  (September 2014)
  • Settling Devotional Claimants (SDC)
  • DC Exhibits
  • Independent Producers Group (IPG)

Docket No. 2012-7 -CRB SD 2004-09 (Phase II)

• Read Order Suspending Case Schedule
• Read Joint Stipulated Order Amending Procedural Schedule (2/26/2015)

Docket No.-2012-6 CRB CD 2004-09 (Phase II)

• Read Order on Joint Motion Regarding Discovery Related to Amended Written Direct Statements
• Read Order Consolidation and Amended Case Schedule (8/29/2014)
• Read Joint Stipulated Order Amending Procedural Schedule (2/26/2015)
• Read Second Joint Stipulated Order Amending Procedural Schedule (3/17/2015)
• Read Written Direct Statements (2014)
• Read Rebuttal Statements
• Read: Proposed Findings of Facts and Conclusions of Law
  • IPG
  • MPAA
  • SDC
• Read: Motion for Partial Distribution
  • IPG

Docket No. 14-CRB-0005 RM

• Read 79 FR 412 (May 2, 2014) Version: PDF
• Read Order Granting NAB Motion for Extension of Time for Commenting in the Copyright Royalty Judges’ Notice and Recordkeeping Rulemaking
• Read Comments
• Read Reply Comments
  

Distribution of 2009, 2010, and 2011 Digital Audio Recording Technology Musical Works Funds. Docket No. 2013-6 CRB DD (MW) 2009-2011

• Read Motion

Distribution of 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009 Satellite Royalty Funds. Docket No. 2012-7 CRB CD 1999-2009

• Read: Written Direct Statement
• Read: Petitions to Participate
• Read: Order Reopening Record and Scheduling Further Proceedings

Distribution of 2004, 2005, 2006, 2007, 2008 and 2009 Cable Royalty Funds. Docket No. 2012-6 CRB CD 2004-2009 (Phase II)

• Read: Written Direct Statement
• Read: Petitions to Participate
• Read: Order Reopening Record and Scheduling Further Proceedings

Distribution of the 2000, 2001, 2002, and 2003 Cable Royalty Funds, Docket No. 2008-2 CRB CD 2000-2003 (Phase II)

On August 13, 2013, the Copyright Royalty Judges issued their Initial Determination of the Phase II distribution of 2000, 2001, 2002, and 2003 cable royalties collected under Section 111 of the Copyright Act among the claimants in the Program Suppliers category and the Devotional category.

Program Suppliers Category:  The Judges allocated the royalties in the Program Suppliers category as follows:

Devotional Category:  The Judges allocated the royalties in the Devotional category as follows:

Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services, Docket No. 2011-1 CRB PSS/Satellite II

On February 14, 2013, the Copyright Royalty Judges issued their Final Determination setting rates and terms for the digital performance of sound recordings and the making of ephemeral recordings by preexisting subscription services (PSS) and preexisting satellite digital audio radio services (SDARs) under the statutory licenses set forth in Sections 112 and 114 of the Copyright Act for January 1, 2013, through December 31, 2017.

The public version of the Final Determination posted here contains the same redactions previously requested by the parties of information governed by the Protective Order in effect in this proceeding.

• Read Public Technical Amendment
• Read Dissent to Technical Amendment
• Read Public Majority Final Determination
• Read Public Dissenting Final Determination

Determination of Rates and Terms for Business Establisments Services (Docket No. 2012-1 CRB Business Establishments II)

• Read Petitions to Participate
  

Docket No. RM 2011-5: Notice and Recordkeeping for Use of Sound Recordings Under Statutory License

• Read SoundExchange Petition for Rulemaking to Authorize Use of Proxy
• Read Comments by SoundExchange

Docket No. 2011-3 CRB Phonorecords II: Adjustment or Determination of Compulsory License Rates for Making and Distributing Phonorecords

• Read Comments
• Read Petitions to Participate

Docket No. 2011-2 CRB NCEB II: Determination of Reasonable Rates and Terms for Noncommercial Broadcasting

• Read Petitions to Participate
• Read Comments

Docket No. 2011-1 CRB PSS/Satellite II: Determination of Rates and Terms for Preexisting Subscription and Satellite Digital Audio Radio Services

• Read Petitions to Participate
• Read Written Direct Statements
• Read Rebuttal Testimony

Digital Performance in Sound Recordings and Ephemeral Recordings ( 2009-1 CRB Webcasting III)
On January 5, 2011, the Copyright Royalty Judges issued their final determination setting the rates and terms for the digital performance of sound recordings and the making of ephemeral recordings by eligible nonsubscription transmission services and transmissions made by a new subscription service for the period beginning January 1, 2011, and ending on December 31, 2015.

• Read Final Determination of Rates and Terms