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 |
| Appendix A to Part 385 | Part 385 Applicable to the Period January 1, 2018, through December 31, 2022, as clarified on August 10, 2023 |
| 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 |