justicedao/patent-legal-corpus huggingface dataset:
37 CFR 381.10 — Use of Certain Copyrighted Works in Connection with Noncommercial Educational Broadcasting
Current through: 2024-07-01

Cost of living adjustment.

§ 381.10 Cost of living adjustment. (a) On or before December 1, 2023, the Copyright Royalty Judges shall publish in the Federal Register a notice of the change in the cost of living as determined by the Consumer Price Index (all consumers, all items) during the period from the most recent Index published prior to December 1, 2022, to the most recent Index published prior to December 1, 2023. On or before each December 1 thereafter the Copyright Royalty Judges shall publish a notice of the change in the cost of living during the period from the most recent index published prior to the previous notice to the most recent Index published prior to December 1 of that year. (b) On the same date of the notices published pursuant to paragraph (a) of this section, the Copyright Royalty Judges shall publish in the Federal Register a revised schedule of the rates for § 381.5(c)(3) and (4), the rates to be charged for compositions in the repertory of SESAC and GMR, which shall adjust the royalty amounts established in a dollar amount according to the greater of: (1) The change in the cost of living determined as provided in paragraph (a) of this section; or (2) One-and-a-half percent (1.5%). (3) Such royalty rates shall be fixed at the nearest dollar. (c) The adjusted schedule for the rates for § 381.5(c)(3) and (4) shall become effective thirty (30) days after publication in the Federal Register . [88 FR 41833, June 28, 2023]
37 CFR 381.11 — Use of Certain Copyrighted Works in Connection with Noncommercial Educational Broadcasting
Current through: 2024-07-01

Notice of restrictions on use of reproductions of transmission programs.

§ 381.11 Notice of restrictions on use of reproductions of transmission programs. Any public broadcasting entity which, pursuant to 17 U.S.C. 118, supplies a reproduction of a transmission program to governmental bodies or nonprofit institutions shall include with each copy of the reproduction a warning notice stating in substance that the reproductions may be used for a period of not more than seven days from the specified date of transmission, that the reproductions must be destroyed by the user before or at the end of such period, and that a failure to fully comply with these terms shall subject the body or institution to the remedies for infringement of copyright.
37 CFR 381.1 — Use of Certain Copyrighted Works in Connection with Noncommercial Educational Broadcasting
Current through: 2024-07-01

General.

§ 381.1 General. This part establishes terms and rates of royalty payments for certain activities using published nondramatic musical works and published pictorial, graphic and sculptural works during a period beginning on January 1, 2023, and ending on December 31, 2027. Upon compliance with 17 U.S.C. 118, and the terms and rates of this part, a public broadcasting entity may engage in the activities with respect to such works set forth in 17 U.S.C. 118(c). [72 FR 67647, Nov. 30, 2007, as amended at 77 FR 71105, Nov. 29, 2012; 83 FR 2740, Jan. 19, 2018; 88 FR 41828, June 28, 2023]
37 CFR 381.2 — Use of Certain Copyrighted Works in Connection with Noncommercial Educational Broadcasting
Current through: 2024-07-01

Definition of public broadcasting entity.

§ 381.2 Definition of public broadcasting entity. As used in this part, the term public broadcasting entity means a noncommercial educational broadcast station as defined in section 397 of title 47 and any nonprofit institution or organization engaged in the activities described in 17 U.S.C. 118(c).
37 CFR 381.9 — Use of Certain Copyrighted Works in Connection with Noncommercial Educational Broadcasting
Current through: 2024-07-01

Unknown copyright owners.

§ 381.9 Unknown copyright owners. If PBS and its stations, NPR and its stations, or other public broadcasting entity is not aware of the identity of, or unable to locate, a copyright owner who is entitled to receive a royalty payment under this part, they shall retain the required fee in a segregated trust account for a period of three years from the date of the required payment. No claim to such royalty fees shall be valid after the expiration of the three-year period. Public broadcasting entities may establish a joint trust fund for the purposes of this section. Public broadcasting entities shall make available to the Copyright Royalty Judges, upon request, information concerning fees deposited in trust funds.
37 CFR 382.10 — Rates and Terms for Digital Transmissions of Sound Recordings and the Reproduction of Ephemeral Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services
Current through: 2024-07-01

Royalty fees for the digital performance of sound recordings and the making of ephemeral recordings by preexisting subscription services.

§ 382.10 Royalty fees for the digital performance of sound recordings and the making of ephemeral recordings by preexisting subscription services. (a) Royalty fees. Commencing January 1, 2018, and continuing through December 31, 2027, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the rate of 7.5 percent of Gross Revenues. (b) Ephemeral recordings royalty fee. (1) The fee for all Ephemeral Recordings is part of the total fee payable under this section and constitutes 5% of it. All Ephemeral Recordings that a Licensee makes that are necessary and commercially reasonable for making noninteractive Digital Audio Transmission as a PSS are included in the 5%. (2) The minimum fee is $5,000 per year.
37 CFR 382.11 — Rates and Terms for Digital Transmissions of Sound Recordings and the Reproduction of Ephemeral Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services
Current through: 2024-07-01

Calculation of gross revenues for PSS.

§ 382.11 Calculation of gross revenues for PSS. (a) Gross revenues are monies derived from the operation of the programming service of the Licensee and are comprised of the following: (1) Monies received by Licensee from Licensee's carriers and directly from residential U.S. subscribers for Licensee's programming service; (2) Licensee's advertising revenues (as billed), or other monies received from sponsors, if any, less advertising agency commissions not to exceed 15% of those fees incurred to a recognized advertising agency not owned or controlled by Licensee; (3) Monies received for the provision of time on the programming service to any third party; (4) Monies received from the sale of time to providers of paid programming such as infomercials; (5) Where merchandise, service, or anything of value is received by Licensee in lieu of cash consideration for the use of Licensee's programming service, the fair market value thereof or Licensee's prevailing published rate, whichever is less; (6) Monies or other consideration received by Licensee from Licensee's carriers, but not including monies received by Licensee's carriers from others and not accounted for by Licensee's carriers to Licensee, for the provision of hardware by anyone and used in connection with the programming service; (7) Monies or other consideration received for any references to or inclusion of any product or service on the programming service; and (8) Bad debts recovered regarding paragraphs (a)(1) through (7) of this section. (9) Revenues described in paragraphs (a)(1) through (8) of this section to which Licensee is entitled but which are paid to a parent, subsidiary, division, or affiliate of Licensee, in lieu of payment to Licensee but not including payments to Licensee's carriers for the programming service. (b) Gross Revenues exclude affiliate revenue returned during the reporting period and bad debts actually written off during reporting period.
37 CFR 382.1 — Rates and Terms for Digital Transmissions of Sound Recordings and the Reproduction of Ephemeral Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services
Current through: 2024-07-01

Definitions.

§ 382.1 Definitions. In this subpart: Collective means the collection and distribution organization that is designated by the Copyright Royalty Judges. Copyright Owners means sound recording copyright owners, and rights owners under 17 U.S.C. 1401(l)(2), who are entitled to royalty payments made under this part pursuant to the statutory licenses under 17 U.S.C. 112(e) and 114. Digital Audio Transmission has the same meaning as in 17 U.S.C. 114(j)(5). Eligible Transmission means a Digital Audio Transmission made by a Licensee that is subject to licensing under 17 U.S.C. 114(d)(2) and the payment of royalties under 37 CFR part 382. Ephemeral Recording has the same meaning as in 17 U.S.C. 112. GAAP means generally accepted accounting principles in effect in the United States on the date payment is due. Licensee means the provider of an Satellite Digital Audio Radio Service (SDARS) or Preexisting Subscription Service (PSS) that has obtained a license under 17 U.S.C. 114 to make eligible transmissions and a license under 17 U.S.C. 112(e) to make Ephemeral Recordings to facilitate those Eligible Transmissions. Payor means the entity required to make royalty payments to the Collective or the entity required to distribute royalty fees collected, depending on context. The Payor is: (1) A Licensee, in relation to the Collective; and (2) The Collective in relation to a Copyright Owner or Performer. Performers means the independent administrators identified in 17 U.S.C. 114(g)(2)(B) and (C) and the parties identified in 17 U.S.C. 114(g)(2)(D). Preexisting Subscription Service ( PSS) has the same meaning as in 17 U.S.C. 114(j)(11). A service's offering on the internet that is available to a subscriber outside the subscriber's residence is not a Preexisting Subscription Service for purposes of this part. Qualified Auditor means a Certified Public Accountant independent within the meaning of the American Institute Certified Public Accountants Code of Professional Conduct. Satellite Digital Audio Radio Service ( SDARS) means the preexisting satellite digital audio radio services as defined in 17 U.S.C. 114(j)(10). Transmission has the same meaning as in 17 U.S.C. 114(j)(15). Verifying Entity means the party requesting an audit and giving notice of intent to audit. For audits of SDARS and PSS, the Verifying Entity is SoundExchange, Inc. For audits of SoundExchange, Inc. the Verifying Entity is any Copyright Owner or its authorized representative. [83 FR 65265, Dec. 19, 2018, as amended at 84 FR 32313, July 8, 2019]
37 CFR 382.20 — Rates and Terms for Digital Transmissions of Sound Recordings and the Reproduction of Ephemeral Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services
Current through: 2024-07-01

Definitions.

§ 382.20 Definitions. In this subpart: Directly-Licensed Recording means a sound recording for which the Licensee has previously obtained a license of all relevant rights from the sound recording Copyright Owner. Reference Channels means internet webcast channels offered by the Licensee that directly correspond to channels offered on the Licensee's SDARS that are capable of being received on all models of Sirius radio, all models of XM radio or both, and on which the programming consists primarily of music. [83 FR 65265, Dec. 19, 2018, as amended at 84 FR 32313, July 8, 2019]
37 CFR 382.21 — Rates and Terms for Digital Transmissions of Sound Recordings and the Reproduction of Ephemeral Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services
Current through: 2024-07-01

Royalty fees for the public performance of sound recordings and the making of ephemeral recordings by SDARS.

§ 382.21 Royalty fees for the public performance of sound recordings and the making of ephemeral recordings by SDARS. (a) Royalty fees. Commencing January 1, 2018, and continuing through December 31, 2027, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the rate of 15.5% of Gross Revenues. (b) Ephemeral recordings royalty fees. (1) The fee for all Ephemeral Recordings is part of the total fee payable under this section and constitutes 5% of it. All Ephemeral Recordings that a Licensee makes that are necessary and commercially reasonable for making noninteractive Digital Audio Transmissions as an SDARS are included in the 5%. (2) The minimum fee is $5,000 per year.
37 CFR 382.22 — Rates and Terms for Digital Transmissions of Sound Recordings and the Reproduction of Ephemeral Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services
Current through: 2024-07-01

Calculation of Gross Revenues for SDARS.

§ 382.22 Calculation of Gross Revenues for SDARS. (a) Gross Revenues are: (1) Revenue recognized by the Licensee in accordance with GAAP from the operation of an SDARS and comprised of the following: (i) Subscription revenue recognized by Licensee directly from U.S. subscribers for licensee's SDARS; and (ii) Licensee's advertising revenues, or other monies received from sponsors, if any, attributable to advertising on channels other than those that use only incidental performances of sound recordings, less advertising agency and sales commissions. (2) Revenues set forth above to which Licensee is entitled but which are paid to a parent, wholly-owned subsidiary, or division of Licensee. (b) Gross Revenues exclude: (1) Monies or other consideration attributable to the sale and/or license of equipment and/or other technology, including but not limited to bandwidth, sales of devices that receive the Licensee's SDARS and any shipping and handling fees therefor; (2) Royalties paid to Licensee for intellectual property rights; (3) Monies or other consideration received by Licensee from the sale of phonorecords and digital phonorecord deliveries; (4) Sales and use taxes; (5) Credit card, invoice, activation, swap and early termination fees charged to subscribers and reasonably related to the Licensee's expenses to which they pertain; (6) Bad debt expense; and (7) Revenues recognized by Licensee (or otherwise received by Licensee if no GAAP “recognition” principles are applicable) for the provision of: (i) Current and future data services offered for a separate charge ( e.g., weather, traffic, destination information, messaging, sports scores, stock ticker information, extended program associated data, video and photographic images, and such other telematics and/or data services as may exist from time to time); (ii) Channels, programming, products and/or other services offered for a separate charge where such channels use only incidental performances of sound recordings; (iii) Channels, programming, products and/or other services provided outside of the United States; and (iv) Channels, programming, products and/or other services for which the performance of sound recordings and/or the making of Ephemeral Recordings is exempt from any license requirement or is separately licensed, including by a statutory license and, for the avoidance of doubt, webcasting, audio services bundled with television programming, interactive services, and transmissions to business establishments.
37 CFR 382.2 — Rates and Terms for Digital Transmissions of Sound Recordings and the Reproduction of Ephemeral Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services
Current through: 2024-07-01

Scope and compliance.

§ 382.2 Scope and compliance. (a) Scope. This part codifies rates and terms of royalty payments for the public performance of sound recordings in certain Digital Audio Transmissions by certain Licensees in accordance with applicable provisions of 17 U.S.C. 114 and for the making of Ephemeral Recordings by those Licensees in accordance with the provisions of 17 U.S.C. 112(e), during the period January 1, 2018, through December 31, 2027. (b) Legal compliance. Licensees relying upon the statutory licenses set forth in 17 U.S.C. 112(e) and 114 must comply with the requirements of 17 U.S.C. 112(e) and 114, this part and any other applicable regulations. (c) Voluntary agreements. Notwithstanding the royalty rates and terms established in any subparts of this part, the rates and terms of any license agreements entered into by Copyright Owners and Licensees may apply in lieu of these rates and terms.
37 CFR 382.3 — Rates and Terms for Digital Transmissions of Sound Recordings and the Reproduction of Ephemeral Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services
Current through: 2024-07-01

Making payment of royalty fees.

§ 382.3 Making payment of royalty fees. (a) Payment to the Collective. A Licensee must make the royalty payments due under subparts B and C of this part to SoundExchange, Inc., which is the Collective designated by the Copyright Royalty Board to collect and distribute royalties under this part. If any payment due date is a weekend or a federal holiday, then the payment is due on the first business day thereafter. (b) Advance payment. Licensees must pay the Collective an annual advance payment of $100,000 by January 31 of each year. The Collective must credit 5% of the advance payment as payment of the minimum fee for Ephemeral Recordings and credit the remaining 95% to section 114 royalties. The funds are nonrefundable. Any uncredited portion of the funds shall not carry over into a subsequent year. (c) Minimum payments. A Licensee must make any minimum annual payment due under subpart B or C of this part by January 31 of the applicable license year. (d) Monthly payments. A Licensee must make royalty payments on a monthly basis. Payments are due on or before the 45th day after the end of the month in which the Licensee made Eligible Transmissions. (e) Late fees. A Licensee must pay a late fee for each payment and each Statement of Account that the Collective receives after the due date. The late fee is 1.5% (or the highest lawful rate, whichever is lower) of the late payment amount per month. The late fee for a late Statement of Account is 1.5% of the payment amount associated with the Statement of Account. Late fees accrue from the due date until the date that the Collective receives the late payment or late Statement of Account. (1) Waiver of late fees. The Collective may waive or lower late fees for immaterial or inadvertent failures of a Licensee to make a timely payment or submit a timely Statement of Account. (2) Notice regarding noncompliant Statements of Account. If it is reasonably evident to the Collective that a timely-provided Statement of Account is materially noncompliant, the Collective must notify the Licensee within 90 days of discovery of the noncompliance.
37 CFR 382.4 — Rates and Terms for Digital Transmissions of Sound Recordings and the Reproduction of Ephemeral Recordings by Preexisting Subscription Services and Preexisting Satellite Digital Audio Radio Services
Current through: 2024-07-01

Delivering statements of account.

§ 382.4 Delivering statements of account. (a) Statements of Account. Any payment due under this part must be accompanied by a corresponding Statement of Account that must contain the following information: (1) Information as is necessary to calculate the accompanying royalty payment; (2) The name, address, business title, telephone number, facsimile number (if any), electronic mail address (if any) and other contact information of the person to be contacted for information or questions concerning the content of the Statement of Account; (3) The signature of: (i) The Licensee or a duly authorized agent of the Licensee; (ii) A partner or delegate if the Licensee is a partnership; or (iii) An officer of the corporation if the Licensee is a corporation; (4) The printed or typewritten name of the person signing the Statement of Account; (5) If the Licensee is a partnership or corporation, the title or official position held in the partnership or corporation by the person signing the Statement of Account; (6) A certification of the capacity of the person signing; (7) The date of signature; and (8) An attestation to the following effect: I, the undersigned owner/officer/partner/agent of the Licensee have examined this Statement of Account and hereby state that it is true, accurate, and complete to my knowledge after reasonable due diligence and that it fairly presents, in all material respects, the liabilities of the Licensee pursuant to 17 U.S.C. 112(e) and 114 and applicable regulations adopted under those sections. (b) Certification. Licensee's Chief Financial Officer or, if Licensee does not have a Chief Financial Officer, a person authorized to sign Statements of Account for the Licensee, must submit a signed certification on an annual basis attesting that Licensee's royalty statements for the prior year represent a true and accurate determination of the royalties due and that any method of allocation employed by Licensee was applied in good faith and in accordance with U.S. GAAP.
37 CFR 383.1 — Rates and Terms for Subscription Transmissions and the Reproduction of Ephemeral Recordings by New Subscription Services
Current through: 2024-07-01

General.

§ 383.1 General. (a) Scope. This part 383 establishes rates and terms of royalty payments for the public performance of sound recordings in certain digital transmissions by Licensees in accordance with the provisions of 17 U.S.C. 114, and the making of certain ephemeral recordings by Licensees in accordance with the provisions of 17 U.S.C. 112(e), during the period commencing January 1, 2021, and continuing through December 31, 2025. (b) Legal compliance. Licensees relying upon the statutory licenses set forth in 17 U.S.C. 112(e) and 114 shall comply with the requirements of those sections and the rates and terms of this part. (c) Relationship to voluntary agreements. Notwithstanding the royalty rates and terms established in this part, the rates and terms of any voluntary license agreements entered into by Copyright Owners and Licensees shall apply in lieu of the rates and terms of this part to transmissions with the scope of such agreements. [72 FR 72254, Dec. 20, 2007, as amended at 75 FR 14075, Mar. 24, 2010; 80 FR 36928, June 29, 2015; 85 FR 9664, Feb. 20, 2020]