37 CFR 381.5 — Use of Certain Copyrighted Works in Connection with Noncommercial Educational Broadcasting
Current through: 2024-07-01

Performance of musical compositions by public broadcasting entities licensed to colleges and universities.

§ 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. (a) Scope. This section applies to the performance of copyrighted published nondramatic musical compositions by noncommercial radio stations which are licensed to accredited colleges, accredited universities, or other accredited nonprofit educational institutions and which are not affiliated with National Public Radio. For purposes of this section, accreditation of institutions providing post-secondary education shall be determined by a regional or national accrediting agency recognized by the Council for Higher Education Accreditation or the United States Department of Education; and accreditation of institutions providing elementary or secondary education shall be as recognized by the applicable state licensing authority. (b) Voluntary license agreements. Notwithstanding the schedule of rates and terms established in this section, the rates and terms of any license agreements entered into by copyright owners and colleges, universities, and other nonprofit educational institutions concerning the performance of copyrighted musical compositions, including performances by noncommercial radio stations, shall apply in lieu of the rates and terms of this section. (c) Royalty rate. A public broadcasting entity within the scope of this section may perform published nondramatic musical compositions subject to the following schedule of royalty rates: (1) For all such compositions in the repertory of ASCAP, the royalty rates shall be as follows: (i) Music fees. Table 1 to Paragraph (c)(1)(i) Number of full-time students 2023 2024 2025 2026 2027 Level 1 <1,000 $390 $400 $410 $421 $432 Level 2 1,000-4,999 451 463 475 487 500 Level 3 5,000-9,999 619 635 652 669 686 Level 4 10,000-19,999 801 822 843 865 887 Level 5 20,000+ 1,009 1,035 1,062 1,090 1,118 (ii) Fees for stations with an authorized effective radiated power (ERP) of 100 Watts or less. Level 1 rates as set forth in paragraph (c)(1)(i) of this section, shall also apply to College Radio Stations with an authorized ERP, as that term is defined in 47 CFR 73.310(a), of 100 Watts or less, as specified on its current Federal Communications Commission (FCC) license, regardless of the size of the student population. (2) For all such compositions in the repertory of BMI, the royalty rates shall be as follows: (i) Music fees. Table 2 to Paragraph (c)(2)(i) Number of full-time students 2023 2024 2025 2026 2027 Level 1 <1,000 $390 $400 $410 $421 $432 Level 2 1,000-4,999 451 463 475 487 500 Level 3 5,000-9,999 619 635 652 669 686 Level 4 10,000-19,999 801 822 843 865 887 Level 5 20,000+ 1,009 1,035 1,062 1,090 1,118 (ii) Fees for stations with an authorized ERP of 100 Watts or less. Level 1 rates, as set forth in paragraph (c)(2)(i) of this section, shall also apply to College Radio Stations with an authorized ERP, as that term is defined in 47 CFR 73.310(a), of 100 Watts or less, as specified on its current FCC license, regardless of the size of the student population. (3) For all such compositions in the repertory of SESAC, the royalty rates shall be as follows: (i) 2023: $188 per station. (ii) 2024: $194 per station. (iii) 2025: The 2024 rate, subject to an annual cost of living adjustment in accordance with paragraph (c)(3)(vi) of this section. (iv) 2026: The 2025 rate, subject to an annual cost of living adjustment in accordance with paragraph (c)(3)(vi) of this section. (v) 2027: The 2026 rate, subject to an annual cost of living adjustment in accordance with paragraph (c)(3)(vi) of this section. (vi) Such cost of living adjustment to be made in accordance with the greater of: (A) The change, if any, in the Consumer Price Index (all consumers, all items) published by the U.S. Department of Labor, Bureau of Labor Statistics, during the twelve (12) month period from the most recent Index, published before December 1 of the year immediately prior to the applicable year; or (B) One and one-half percent (1.5%). (4) For all such compositions in the repertory of GMR, the royalty rates shall be as follows: (i) 2023: $188 per station. (ii) 2024: $194 per station. (iii) 2025: The 2024 rate, subject to an annual cost of living adjustment in accordance with § 381.10. (iv) 2026: The 2025 rate, subject to an annual cost of living adjustment in accordance with § 381.10. (v) 2027: The 2026 rate, subject to an annual cost of living adjustment in accordance with § 381.10. (vi) For stations broadcasting primarily in a religious format (including, without limitation, Contemporary Christian music, praise and worship, Gospel, Southern Gospel, Spanish religious music, inspirational, religious, etc.), at their option for 2023-2027, either the rates set forth in paragraph (c)(4) of this section or the rates set forth in § 381.6(d)(4). (5) For the performance of all other such compositions: $1. (d) Payment of royalty rate. The public broadcasting entity shall pay the required royalty rate to ASCAP, BMI, SESAC, and GMR not later than January 31 of each year. Each annual payment to ASCAP, BMI, SESAC, and GMR shall be accompanied by a signed declaration stating the number of full-time students enrolled in the educational entity operating the station and/or the ERP as specified in its current FCC license. An exact copy of such declaration shall be furnished to each of ASCAP, BMI, SESAC, and GMR. (e) Records of use. A public broadcasting entity subject to this section shall furnish to ASCAP, BMI, SESAC, and GMR upon request, a music-use report during one week of each calendar year. ASCAP, BMI, SESAC, and GMR shall not in any one calendar year request more than 10 stations to furnish such reports. [72 FR 67647, Nov. 30, 2007, as amended at 73 FR 72726, Dec. 1, 2008; 74 FR 62705, Dec. 1, 2009; 75 FR 74623, Dec. 1, 2010; 76 FR 74703, Dec. 1, 2011; 77 FR 71105, Nov. 29, 2012; 78 FR 71501, Nov. 29, 2013; 79 FR 71319, Dec. 2, 2014; 80 FR 73118, Nov. 24, 2015; 81 FR 84478, Nov. 23, 2016; 83 FR 2740, Jan. 19, 2018; 83 FR 61126, Nov. 28, 2018; 84 FR 64206, Nov. 21, 2019; 85 FR 74884, Nov. 24, 2020; 86 FR 66460, Nov. 23, 2021; 88 FR 41829, June 28, 2023; 88 FR 83510, Nov. 30, 2023]