Announcements
March 29, 2024
Copyright Royalty Judges Solicit Comments on Partial Distribution of 2021 Cable Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Allocation Phase Parties for partial distribution of the 2021 cable royalty funds. Comments are due by April 26, 2024. For more information, click here.
Copyright Royalty Judges Solicit Comments on Partial Distribution of 2021 Satellite Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Allocation Phase Parties for partial distribution of the 2021 satellite royalty funds. Comments are due by April 26, 2024. For more information, click here.
March 20, 2024
Copyright Royalty Judges Publish Correcting Amendment to Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV)
The Copyright Royalty Judges published a correcting amendment to the regulations governing terms for making and distributing physical and digital phonorecords to add capitalization to certain defined terms and to correct a term regarding late fees. For details regarding the correcting amendment, click here.
January 24, 2024
Federal Register Publishes Correction to Commencement of a Proceeding to Determine Royalty Rates and Terms for Digital Performance of Sound Recordings and Making of Ephemeral Copies to Facilitate Those Performances (Web VI)
The Federal Register published a correction to the due date for Petitions to Participate in the Web VI rate determination proceeding. Parties wishing to participate in the rate determination proceeding must file their Petition to Participate and pay the accompanying $150 filing fee no later than February 5, 2024. For more information, click here.
January 19, 2024
Copyright Royalty Judges Announce Receipt of Notices of Intent to Audit
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2020, 2021, and 2022 statements of account submitted by noncommercial webcaster BBNRadio.org concerning royalty payments it made pursuant to two statutory licenses. For more information, click here.
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2020, 2021, and 2022 statements of account submitted by commercial webcaster and business establishment service RFC Media concerning royalty payments it made pursuant to two statutory licenses. For more information, click here.
The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of notices of intent to audit the 2020, 2021, and 2022 statements of account submitted by commercial webcasters Cumulus Media, Spanish Broadcasting, Stephens Media Group, Summit Media, Urban One concerning royalty payments they made pursuant to two statutory licenses. For more information, click here.
January 9, 2024
Copyright Royalty Judges Announce Commencement of a Proceeding to Determine Royalty Rates and Terms for Digital Performance of Sound Recordings and Making of Ephemeral Copies to Facilitate Those Performances (Web VI)
The Copyright Royalty Judges announce commencement of a proceeding to determine reasonable rates and terms for two statutory licenses permitting the digital performance of sound recordings over the internet and the making of ephemeral recordings to facilitate those performances for the period beginning January 1, 2026, and ending December 31, 2030. Parties wishing to participate in the rate determination proceeding must file their Petition to Participate and pay the accompanying $150 filing fee no later than February 5, 2024. For more information, click here. (Note: a Federal Register notice correcting the due date will be published.)
Copyright Royalty Judges Announce Commencement of a Proceeding to Determine Royalty Rates and Terms for Digital Performance of Sound Recordings by New Subscription Services and Making of Ephemeral Copies to Facilitate Those Performances (NSS V)
The Copyright Royalty Judges announce commencement of a proceeding to determine reasonable rates and terms for digital performance of sound recordings by new subscription services and the making of ephemeral recordings to facilitate those performances for the period beginning January 1, 2026, and ending December 31, 2030. Parties wishing to participate in the rate determination proceeding must file their Petition to Participate and pay the accompanying $150 filing fee no later than February 5, 2024. For more information, click here. (Note: a Federal Register notice correcting the due date will be published.)
January 8, 2024
Copyright Royalty Judges Publish Final Rule Governing Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments IV)
The Copyright Royalty Judges published a final rule governing the rates and terms for making ephemeral copies of sound recordings for transmission to business establishments for the years 2024-2028. For more information, click here.
December 21, 2023
Copyright Royalty Judges Publish Cost of Living Adjustment to Royalty Rates for Phonorecords Statutory License
The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates for the statutory license for making and distributing phonorecords of nondramatic musical works regarding physical phonorecords and Permanent Downloads. These rates are applicable for the period beginning January 1, 2024, and ending December 31, 2024. For more information, click here.
December 21, 2023
Copyright Royalty Judges Publish Correction to Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License
The Copyright Royalty Judges published a correction to one paragraph of the final rule published in the Federal Register November 30, 2023, regarding the cost of living adjustment (COLA) to the royalty rate that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of sound recordings. For details, click here.
December 1, 2023
Copyright Royalty Judges Announce Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License
The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of sound recordings. These rates are applicable for the period beginning January 1, 2024, and ending December 31, 2024. For more information, click here.
Copyright Royalty Judges Announce Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 3.2 percent in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2022 to October 2023. These rates are applicable for the period beginning January 1, 2024, and ending December 31, 2024. For more information, click here.
Copyright Royalty Judges Announce Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate
The Copyright Royalty Judges announce a cost of living adjustment (COLA) to the royalty rate that noncommercial radio stations at certain colleges, universities, and other educational institutions that are not affiliated with National Public Radio must pay for the use in 2024 of published nondramatic musical compositions in the SESAC and GMR repertories pursuant to the statutory license under the Copyright Act for noncommercial broadcasting. This rate is applicable for the period beginning January 1, 2024, and ending December 31, 2024. For more information, click here.
October 26, 2023
Copyright Royalty Judges Solicit Comments on Partial Distribution of 2016 and 2017 Cable Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Music Claimants for further partial distribution of Music Category Share funds from the 2016 and 2017 cable royalty funds. Comments are due by November 24, 2023. For more information, click here.
Copyright Royalty Judges Solicit Comments on Partial Distribution of 2018, 2019, and 2020 Cable Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Multigroup Claimants for partial distribution of 2018, 2019, and 2020 cable royalty funds. Comments are due by November 24, 2023. For more information, click here.
Copyright Royalty Judges Solicit Comments on Partial Distribution of 2021 and 2022 Cable Royalty Funds
The Copyright Royalty Judges solicit comments on a motion of Multigroup Claimants for partial distribution of 2021 and 2022 cable royalty funds. Comments are due by November 24, 2023. For more information, click here.
October 18, 2023
Copyright Royalty Judges Publish Final Rule in Administrative Assessment Proceeding
The Copyright Royalty Judges published a final rule that that adjusts the amounts and terms of the Administrative Assessment to fund the Mechanical Licensing Collective. The rates and terms are effective January 1, 2023. For more information, click here.
August 10, 2023
Copyright Royalty Judges Announce Determination on Rates in Phonorecords III (Remand) Proceeding
The Copyright Royalty Judges published a final rule and order governing the rates and terms for making and distributing physical and digital phonorecords in the Phonorecords III (Remand) rate-setting proceeding for the years 2018-2022.
For more information, click here.
July 5, 2023
Copyright Royalty Judges Announce Final Regulations Setting Rates and Terms in Public Broadcasting IV Proceeding
The Copyright Royalty Judges announce final regulations that set the rates and terms for use of certain works in connection with noncommercial broadcasting in the Public Broadcasting IV proceeding for the period from January 1, 2023, through December 31, 2027. For more information, click here.
Copyright Royalty Judges Announce Commencement of Proceeding to Determine an Adjustment to the Administrative Assessment to Fund the Mechanical Licensing Collective
The Copyright Royalty Judges announce the commencement of a proceeding to determine an adjustment to the administrative assessment that digital music providers and any significant nonblanket licensees must pay to fund the operations of the Mechanical Licensing Collective. The Mechanical Licensing Collective and the Digital Licensee Coordinator must, and other eligible participants may, file a Petition to Participate and the accompanying $150 filing fee by July 17, 2023. For more information, including the schedule for the proceeding and deadlines for submissions, click here.
June 26, 2023
Copyright Royalty Judges Announce Determination on Rates in Phonorecords III (Remand) Proceeding
The Copyright Royalty Judges announce their final determination for rates and terms for making and distributing physical and digital phonorecords in the Phonorecords III (Remand) rate-setting proceeding for the years 2018-2022.
For more information, click here.
June 2, 2023
Copyright Royalty Judges Issue Redacted Initial Determination in Phonorecords III Remand Proceeding
The Copyright Royalty Judges issued a redacted (public) version of their Initial Determination After Remand of royalty rates and terms for the compulsory license for the use of musical works in the making and distributing of phonorecords (Phonorecords III Remand). The initial determination is subject to statutory review by the Register of Copyrights. Publication of a final determination will occur in due course after consideration of any motions for rehearing, the Register of Copyrights completes her review, and the Librarian of Congress approves publication of the final determination.
Upon publication of a Final Determination, and in the absence of changes arising from any motion for rehearing that might be filed by a party, these rates and terms will be applicable to the prior period of January 1, 2018, through December 31, 2022.
The redacted Initial Determination After Remand is available for viewing in eCRB.
May 24, 2023
Copyright Royalty Judges Announce New Phonorecords III Royalty Rates and Terms Applicable to the Use of Musical Works in the Making and Distributing of Phonorecords in 2018-2022, After D.C. Circuit Court Ruling and Remand Proceedings
The Copyright Royalty Judges issued their initial written determination (after remand) of royalty rates and terms for the compulsory license for the use of musical works in the making and distributing of phonorecords. This initial determination follows the culmination of proceedings before the Copyright Royalty Judges, subsequent to the remand and vacating of a November 5, 2018 Final Determination, by the United States Court of Appeals for the D.C. Circuit on August 7, 2020.
Upon the issuance of a Final Determination, and in the absence of changes arising from any motion for rehearing that might be filed by a party, these rates and terms will be applicable to the prior period of January 1, 2018 through December 31, 2022. The initial determination is currently being reviewed to determine which portions, if any, contain confidential information that must be redacted before release to the public.
For more information, click here.
December 30, 2022
Judges Announce Royalty Rates and Terms for the Use of Musical Works in the Making and Distributing of Phonorecords
The Copyright Royalty Judges published final regulations that set rates and terms for the compulsory license for the use of musical works in the making and distributing of phonorecords. These rates will apply during the period from January 1, 2023, through December 31, 2027.
The rates for a physical phonorecord or permanent download have increased to 12 cents per track or 2.31 cents per minute of playing time or fraction thereof, for 2023, and include inflation-based adjustments for subsequent years of the rate period.
The headline royalty rate for most other digital phonorecords, including interactive streams, will be set at 15.1 to 15.35 percent of revenue, over the five-year term. Other significant components of the rate formulae for digital phonorecords, which serve as alternatives to the percent of revenue rates, also increased, including the per-subscriber minimums and the percentage of “Total Content Cost (TCC)” calculations referencing amounts that music service licensees pay to record labels.
The final regulations were the result of a series of negotiated settlements arrived upon amongst the vast majority of participants in the rate proceeding conducted by the Copyright Royalty Judges. The settlement proposals were submitted to the Copyright Royalty Judges for consideration under the process and legal criteria set forth in the Copyright Act, which includes a provision allowing non-settling participants in the proceeding an opportunity to comment and to object to the settlement agreements, and a provision allowing non-participants who would be bound by the terms, rates, or other determination set by the settlement agreements an opportunity to comment on the agreements. The Copyright Royalty Judges also received and considered the settling participants’ comment regarding the initial proposed settlement.
After having considered the input in support of and in opposition to the settlement agreements, the Copyright Royalty Judges refused to adopt one settlement agreement and adopted two settlement agreements, the latter of which are embodied in the final regulations.
The regulatory language codifying the applicable rates and terms are available on the Copyright Royalty Board website: https://www.crb.gov/fedreg/
Refusal to adopt initial proposed settlement: https://www.govinfo.gov/content/pkg/FR-2022-03-30/pdf/2022-06691.pdf
Final Rule on Subpart B: https://www.govinfo.gov/content/pkg/FR-2022-12-16/pdf/2022-27237.pdf
Final Rule on Subpart C & D: https://www.govinfo.gov/content/pkg/FR-2022-12-30/pdf/2022-28316.pdf
December 12, 2022
Letter to Congress, Senate Committee on the Judiciary, Subcommittee on Intellectual Property
CRB Letter on Copyright Royalty Board Proceedings (Nov. 23, 2022)
See also: USCO Letter on Copyright Royalty Board Proceedings (Nov. 25, 2022).
June 1, 2022
Copyright Royalty Board Digitization Internship
The CRB seeks interns for a project that will serve to increase the availability in its online case management system of the historical record of cases. College student volunteers will work onsite to help with the CRB’s digitization efforts converting paper-based documents to a digital format. For more information and to apply, click here.
November 8, 2021
Librarian of Congress Names Judge Suzanne Barnett Interim Chief Copyright Royalty Judge
Librarian of Congress Carla Hayden today announced her selection of Judge Suzanne Barnett as interim Chief Copyright Royalty Judge and head of the Copyright Royalty Board effective today. Barnett previously served as the Chief Copyright Royalty Judge from 2012 until her retirement in 2019. Barnett is replacing Chief Judge Jesse Feder who is stepping down from the position which he has held since 2019. More information about the appointment can be found here.
July 26, 2021
Copyright Royalty Judges Announce Extension for Comments on Partial Settlement in Phonorecords IV Proceeding
Some filers have experienced technical difficulties filing comments in eCRB for the Phonorecords IV proceeding, Docket No. 21-CRB-0001-PR (2023-2027). The CRB is aware of the problem and has implemented a solution. The filing deadline has been extended by 15 days to August 10. For more details see the CRB News.
June 11, 2021
Copyright Royalty Judges Announce Determination on Rates in Web V Proceeding
The Copyright Royalty Judges today issued their written determination of royalty rates and terms to apply from January 1, 2021, through December 31, 2025, to digital performances 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 through the Copyright Royalty Board’s Electronic Filing and Case Management System (eCRB).
The rate for commercial subscription services in 2021 is $0.0026 per performance. The rate for commercial nonsubscription services in 2021 is $0.0021 per performance. The rates for the period 2022 through 2025 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 change in the Consumer Price Index for All Urban Consumers (U.S. City Average, all items) (CPI-U) from that published by the Bureau of Labor Statistics (BLS) in November 2020, as set forth in the regulations adopted by the determination.
The rates for noncommercial webcasters are: $1000 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 $0.0021 per performance in 2021. The rates for transmissions over 159,140 ATH per month for the period 2022 through 2025 shall be adjusted to reflect the increases or decreases, if any, in the general price level, as measured by the changes in the CPI-U from that published by BLS in November 2020, as set forth in the regulations adopted by the 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 at crb.gov/rate/.
March 27, 2020
Library of Congress Buildings and Facilities Closed to the Public until Further Notice
Out of an abundance of caution, all Library of Congress buildings and facilities will be closed to the public starting at 5 p.m. Thursday, March 12, until further notice to reduce the risk of transmitting COVID-19 coronavirus. Consequently, the Copyright Royalty Board (CRB) will not be receiving courier deliveries during this period. Members of the public are strongly encouraged to file all documents with the CRB electronically through eCRB, the CRB’s electronic filing and case management system, at https://app.crb.gov. The CRB will continue to operate, but all hearings scheduled to begin during that period will be postponed.
March 12, 2020
Library of Congress Buildings and Facilities Closed to the Public March 12 until April 1
Out of an abundance of caution, all Library of Congress buildings and facilities will be closed to the public starting at 5 p.m. Thursday, March 12, until Wednesday, April 1, 2020, at 8 a.m. to reduce the risk of transmitting COVID-19 coronavirus. Consequently, the Copyright Royalty Board (CRB) will not be receiving courier deliveries during this period. Members of the public are strongly encouraged to file all documents with the CRB electronically through eCRB, the CRB’s electronic filing and case management system, at https://app.crb.gov. The CRB will continue to operate, but all hearings scheduled to begin during that period will be postponed.
October 18, 2019
Librarian of Congress Names Steve Ruwe Copyright Royalty Judge
Librarian of Congress Carla Hayden announced her selection of Steve Ruwe to the position of copyright royalty judge. Ruwe fills the vacancy created by the appointment of Judge Jesse Feder as chief judge. Judge Ruwe brings to the Copyright Royalty Board more than 15 years of experience in copyright and intellectual property law, most recently as assistant general counsel in the Copyright Office’s Office of General Counsel. More information about the appointment can be found here.
February 13, 2019
Librarian of Congress Names Jesse M. Feder Chief Copyright Royalty Judge and Richard C. Strasser Interim Copyright Royalty Judge
Librarian of Congress Carla Hayden announced her selection of Jesse M. Feder as the new chief copyright royalty judge and head of the Copyright Royalty Board. Feder will be replacing chief judge Suzanne Barnett who, having served in the position since 2012, will retire from federal service effective February 16. Feder has served as a copyright royalty judge since 2013.
To fill the vacancy left by Feder’s appointment, the Librarian of Congress has appointed Richard C. Strasser interim copyright royalty judge. Strasser will serve for a period of six months or until the Librarian fills the position permanently. Strasser has been senior staff attorney on the Copyright Royalty Board since its inception in 2007 and previously served as an interim copyright royalty judge in 2012.
February 7, 2019
Chief Copyright Royalty Judge Suzanne M. Barnett Announces Retirement
Chief Judge Suzanne M. Barnett will retire on February 15, 2019. During her tenure, Judge Barnett led the CRB into the digital age with the implementation of the electronic filing and litigation case management system, eCRB.
“It has been a privilege to serve. Every judge dreams of presiding over complex controversies presented by talented and professional counsel. My time at the Copyright Royalty Board has exceeded my highest expectations. I owe my successes to the sophisticated level of litigation practice and to the dedication and talent of the incomparable CRB staff.” - Judge Barnett
The Librarian of Congress will appoint a successor Chief Copyright Royalty Judge.
January 18, 2019
CRB Publications in the Federal Register During Partial Government Shutdown - UPDATE
The Copyright Royalty Judges are required by the Copyright Act to publish, inter alia, notice of commencement of the upcoming proceeding to establish the next period’s rates and terms for webcasting licenses under sections 112 and 114. The Office of the Federal Register is now accepting a limited range of documents for publication. The Judges are submitting documents for publication as they become eligible. Interested parties should monitor the Federal Register for CRB publications.
January 4, 2019
CRB Publications in the Federal Register Delayed Until Partial Government Shutdown is Over
The Copyright Royalty Judges are required by section 803(b)(1)(A) of the Copyright Act to publish notice of commencement of the upcoming proceeding to establish the next period’s rates and terms for webcasting licenses under sections 112 and 114. Due to the partial government shutdown, the Office of the Federal Register is not accepting documents for publication unless they meet strict criteria relating to public safety and welfare. We have been informed by the Office of the Federal Register that CRB documents do not meet these criteria. The CRB will publish the requisite notice and call for petitions to participate when the Federal Register is again open to receive publication requests.
November 21, 2018
Copyright Royalty Judges Extend Deadline for Comments on Modifications and Amendments to CRB Regulations Relating to New Law Regarding the Music Industry
The Copyright Royalty Judges have published a notice of inquiry regarding necessary and appropriate modifications and amendments to CRB regulations following the enactment of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act. Comments and proposals are due no later than November 26, 2018. THIS DEADLINE HAS BEEN EXTENDED TO DECEMBER 10. CLICK HERE FOR DETAILS.
November 9, 2018
Copyright Royalty Judges Publish Notice of Inquiry Regarding Modifications and Amendments to CRB Regulations Following Enactment of a New Law Regarding the Music Industry
The Copyright Royalty Judges have published a notice of inquiry regarding necessary and appropriate modifications and amendments to CRB regulations following the enactment of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act. Comments and proposals are due no later than November 26, 2018.
March 19, 2018
Judges Issue Redacted Initial Determination of Royalty Rates and Terms for Making and Distributing of Phonorecords
The Copyright Royalty Judges today issued a Redacted (PUBLIC) Initial Determination of Royalty Rates and Terms for Making and Distributing Phonorecords (Phonorecords III). The Judges have under advisement motions for rehearing, and the Initial Determination is subject to statutory review by the Acting Register of Copyrights. Publication of a Final Determination will occur in due course after the Judges rule on the pending motions for rehearing, the Acting Register of Copyrights completes her review, and the Librarian of Congress approves the Final Determination. The Redacted Initial Determination is available for viewing in eCRB.
January 26, 2018
Judges Announce Royalty Rates and Terms for the Use of Musical Works in the Making and Distributing of Phonorecords
The Copyright Royalty Judges today issued their initial written determination of royalty rates and terms for the compulsory license for the use of musical works in the making and distributing of phonorecords. These rates will apply from the date the determination becomes final, through December 31, 2022, or the effective date of successor rates. 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 before release to the public.
Licensees must pay a royalty for use of musical works in the making and distributing of phonorecords in whichever is the greater amount of:
- In 2018, 11.4 percent of revenue or 22.0 percent of total content cost
- In 2019, 12.3 percent of revenue or 23.1 percent of total content cost
- In 2020, 13.3 percent of revenue or 24.1 percent of total content cost
- In 2021, 14.2 percent of revenue or 25.2 percent of total content cost
- In 2022, 15.1 percent of revenue or 26.2 percent of total content cost
as the terms are described in the accompanying regulations.
The Judges also determined details relating to the rates, such as late fees and administrative terms. The regulatory language codifying the terms of the Judges’ determination is available on the Copyright Royalty Board website.
Publication of a Final Determination will occur in due course after the Register of Copyrights completes a statutory review and the Librarian of Congress approves the Final Determination.
January 10, 2018
Judges Issue Redacted Initial Determination of Royalty Rates and Terms for Satellite Digital Audio Radio Services (SDARS) and Preexisting Subscription Services (PSS)
The Copyright Royalty Judges today issued a Redacted (PUBLIC) Initial Determination of Royalty Rates and Terms for SDARS and PSS. The Judges have under advisement motions for rehearing, and the Initial Determination is subject to statutory review by the Register of Copyrights. Publication of a Final Determination will occur in due course after the Judges rule on the pending motions for rehearing, the Register of Copyrights completes her review, and the Librarian of Congress approves the Final Determination. The Redacted Initial Determination is available for viewing in eCRB.
December 22, 2017
Copyright Royalty Board Moves to All Electronic Filing
The Copyright Royalty Judges announce the termination of the transition period from paper filing to electronic filing using the eCRB electronic filing and case management system. Effective January 1, 2018, all parties having the requisite technological capability must file documents electronically. The CRB will not accept paper filings except filings (1) from pro se parties technologically incapable of using eCRB and (2) documents not amenable to electronic filing as described in 37 CFR § 350.5(j).
Any entity obtaining an eCRB password consents to electronic delivery of all documents subsequent to a Petition to Participate. See 37 CFR § 350.5(g).
The Judges refer counsel and pro se parties having an interest in CRB proceedings to 37 CFR § 350.5.
December 14, 2017
Judges Announce Royalty Rates and Terms for Satellite Audio Radio Services (SDARS) and Preexisting Subscription Services (PSS)
The Copyright Royalty Judges today issued their written determination of royalty rates and terms to apply from January 1, 2018, through December 31, 2022, to transmissions of sound recordings by Satellite Audio Radio Services (SDARS) and Preexisting Subscription Services (PSS) 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 Satellite Audio Radio Services (SDARS) for 2018-2022 is 15.5% of Gross Revenues, as that term is described in the accompanying SDARS regulations. The rate for Preexisting Subscription Services (PSS) for 2018-2022 is 7.5% of Gross Revenues, as that term is described for PSS. The royalty fees are aggregated for the statutory licenses under sections 112 and 114 of the Copyright Act.
The Judges also determined details relating to the rates for each type of 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.
September 14, 2017
Account Registration and Maintenance for eCRB Users
The CRB is in the process of uploading the complete record of active proceedings into the eCRB system. For the CRB to associate attorneys with the participants they represent in the added proceedings, attorneys must be registered in eCRB. The CRB urges any attorney or pro se party who has appeared in past proceedings and has not yet registered to do so. An attorney or pro se participant that fails to register might not receive electronic notices from eCRB regarding activity in the added proceedings.
Attorneys and other registered eCRB users must log in at least every thirty days in order to keep their accounts active so they will receive any notification of filings to which they are entitled. Users must also change their password every sixty days. Click here to register or log in.
June 15, 2017
Judges Announce Launch of Electronic Filing System - eCRB
Today, June 15, the Copyright Royalty Judges launch an electronic filing system, eCRB.
eCRB is available for free to any member of the public wishing to follow case progress, study CRB precedent, or research copyright royalty issues for any reason. Public users need not register to browse, but they will not have access to confidential documents in each file.
We encourage all those conducting business with the CRB to explore eCRB (https://app.crb.gov/), bearing in mind that the system does not yet include any documents filed prior to the launch. Populating the dockets with viewable documents begins immediately, and the CRB will be adding content in reverse chronological order to each file.
Attorneys representing participants and pro se participants in royalty rate and distribution proceedings will need to create a user account that will be reviewed by CRB staff prior to approval. The role the CRB assigns to each registered user will determine the breadth of access to documents in each proceeding file. Claimants to statutory royalty fees, those wishing to comment on proposed regulations, and those filing cue sheets and notices of intent to audit will need to register prior to filing claims, comments, or cue sheets.
Click here to go to eCRB: eCRB
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.
June 13, 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): Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services (SDARS I)
October 17, 2016
Interviews Invited Regarding Electronic Filing System to be Implemented by Copyright Royalty Board
The Library of Congress in 2017 will begin offering an electronic filing system for all documents submitted to the Copyright Royalty Judges. Examples of documents that the system will accept are litigation documents, claims, audit notices, comments, and hearing exhibits. The Judges anticipate that the system will be completed by spring 2017 and go live later in the year.
The Judges aim to create a system that is both user-friendly and technologically effective. To that end, the contractor developing the system would like to interview prospective users about the best and the least valuable aspects of electronic filing systems with which they have experience. For example, many attorneys who represent parties to Copyright Royalty Board (CRB) proceedings may have relevant experience with federal and state court electronic filing systems they may wish to share. Or parties who routinely file documents with the CRB or appear at hearings may wish to comment on features and processes they would like to see in the system.
If you or your colleagues are willing to be interviewed, please write to [email protected] as soon as possible, and type “User Interview” in the subject line. The contractor will independently select and contact respondents.
After an appropriate transition period, the Judges anticipate making use of the electronic filing system mandatory for most filers. The Judges will be publishing a Notice of Proposed Rulemaking requesting comments on regulations to govern electronic filing of documents.
September 2, 2016
Docket No. 2006-1 CRB DSTRA: Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services
- Hearing Order [PDF/172.8 KB]
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 (2016-2020): Determination of Royalty Rates and Terms for Ephemeral Recording and Webcasting Digital Performance of Sound Recordings (Web IV)
- Initial Briefs, Responses, and Supplemental Briefs on Novel Substantive Question of Law (October 2015)
- Memorandum Opinion on Novel Material Questions of Law [PDF/949.8 KB]
(November 2015) - Amended Exhibit A (Terms) to Determination of Royalty Rates and Terms for Ephemeral Recording and Digital Performance of Sound Recordings (Web-IV) [PDF/271.9 KB] (December 2015)
- Determination [PDF/1.2 MB]
- Exhibit A [PDF/80.7 KB]
- Order on SoundExchange Motion for Rehearing [PDF/183.5 KB]
- Web IV Determination [PDF/1.2 MB] (final) (March 2016)