Announcements



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 crb@loc.gov 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


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)