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
303 General Administrative Provisions
303.1 [Reserved]
303.2 Representation
303.3 Documents: Format and length
303.4 Content of motion and responsive pleadings
303.5 Electronic filing system (eCRB)
303.6 Filing and delivery
303.7 Time
303.8 Construction and waiver

Subchapter B—Copyright Royalty Judges Rules and Procedures

Part Title
350 General Administrative Procedures
350.1 Scope
350.2-350.4 [Reserved]
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
355 Administrative Assessment Proceedings
355.1 Proceedings in general
355.2 Commencement of proceedings
355.3 Submissions and discovery
355.4 Negotiation periods
355.5 Hearing procedures
355.6 Determinations
355.7 Definitions

Subchapter C—Submission of Royalty Claims

Part Title
360 Filing of Claims to Royalty Fees Collected under Compulsory License
Subpart A Subpart A—Cable and Satellite Claims
360.1 General
360.2 Definitions
360.3 Time of filing
360.4 Form and content of claims
360.5 Copies of claims
Subpart B Digital Audio Recording Devices and Media (DART) Royalty Claims
360.20 General
360.21 Time of filing
360.22 Form and content of claims
360.23 Copies of claims
360.24 Content of notices regarding independent administrators.
Subpart C Rules of General Application
360.30 Amendment of claims
360.31 Withdrawal of claims
360.32 Reinstatement of previously withdrawn 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 Transmissions By Eligible Nonsubscription Services and New Subscription Services and for the Making of Ephemeral Reproductions to Facilitate Those Transmissions
Subpart A Regulations Of General Application
380.1 Scope and compliance
380.2 Making payment of royalty fees
380.3 Delivering statements of account
380.4 Distributing royalty fees
380.5 Handling Confidential Information
380.6 Auditing payments and distributions
380.7 Definitions
Subpart B Commercial Webcasters and Noncommercial Webcasters
380.10 Royalty fees for the public performance of sound recordings and the making of ephemeral recordings
Subpart C Noncommercial Educational Webcasters
380.20 General
380.21 Definitions
380.22 Royalty fees for the public performance of sound recordings and for ephemeral recordings
380.23 Terms for making payment of royalty fees and statements of account
380.24 Confidential Information
380.25 Verification of royalty payments
380.26 Verification of royalty distributions
380.27 Unclaimed funds
Subpart D Public Broadcasters
380.30 General
380.31 Definitions
380.32 Royalty fees for the public performance of sound recordings and for ephemeral recordings
380.33 Terms for making payment of royalty fees and statements of account
380.34 Confidential Information
380.35 Verification of royalty payments
380.36 Verification of royalty distributions
380.37 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 Transmissions of Sound Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services and for the Making of Ephemeral Reproductions to Facilitate Those Transmissions
Subpart A Regulations of General Application
382.1 Definitions
382.2 Scope and compliance
382.3 Making payment of royalty fees
382.4 Delivering statements of account
382.5 Distributing royalty fees
382.6 Handling Confidential Information
382.7 Auditing payments and distributions
Subpart B Preexisting Subscription Services (PSS)
382.10 Royalty fees for the digital performance of sound recordings and the making of ephemeral recordings by preexisting subscription services
382.11 Calculation of gross revenues for PSS
Subpart C Preexisting Satellite Digital Audio Radio Services (SDARS)
382.20 Definitions
382.21 Royalty fees for the public performance of sound recordings and the making of ephemeral recordings by SDARS
382.22 Calculation of Gross Revenues for SDARS
382.23 Adjustments to royalty fee
383 Rates and Terms for Subscription Transmissions and the Reproduction of Ephemeral Recordings by Certain 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 Nondramatic Musical Works in the Making and Distributing of Physical and Digital Phonorecords
Subpart A Regulations of General Application
385.1 General
385.2 Definitions
385.3 Late payments
385.4 Recordkeeping for promotional or free trial non-royalty-bearing uses
Subpart B Physical Phonorecord Deliveries, Permanent Downloads, Ringtones, and Music Bundles
385.10 Scope
385.11 Royalty rates
Subpart C Eligible Interactive Streaming, Eligible Limited Downloads, Limited Offerings, Mixed Service Bundles, Bundled Subscription Offerings, Locker Services, and Other Delivery Configurations
385.20 Scope
385.21 Royalty rates and calculations
385.22 Royalty floors for specific types of offerings
Subpart D Promotional and Free-to-the-User Offerings
385.30 Scope
385.31 Royalty 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
387 Adjustment of Royalty Fee for Cable Compulsory License
387.1 General
387.2 Royalty fee for compulsory license for secondary transmission by cable systems
388 Adjustment of Royalty Rate for Coin-Operated Phonorecord Players
388.1 General
388.2 Definition of coin-operated phonorecord player
388.3 Compulsory license fees for coin-operated phonorecord players
390 Amounts of and Terms for Administrative Assessments to Fund Mechanical Licensing Collective
390.1 Definitions
390.2 Amount of assessments
390.3 Annual minimum fees
390.4 Annual Assessment allocation and payment