37 CFR 381.4 — Use of Certain Copyrighted Works in Connection with Noncommercial Educational Broadcasting
Current through: 2024-07-01

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).

§ 381.4 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). (a) Determination of royalty rate. The following rates and terms shall apply to the performance by the Public Broadcasting Service (PBS), National Public Radio (NPR), and other public broadcasting entities engaged in activities set forth in 17 U.S.C. 118(c) of copyrighted published nondramatic musical compositions, except for public broadcasting entities covered by §§ 381.5 and 381.6, and except for compositions which are the subject of voluntary license agreements: The royalty shall be $1. (1) For performance of such work in a feature presentation of PBS: 2013-2017 $232.18 (2) For performance of such a work as background or theme music in a PBS program: 2013-2017 $58.51 (3) For performance of such a work in a feature presentation of a station of PBS: 2013-2017 $19.84 (4) For performance of such a work as background or theme music in a program of a station of PBS: 2013-2017 $4.18 (5) For the performance of such a work in a feature presentation of NPR: 2013-2017 $23.53 (6) For the performance of such a work as background or theme music in an NPR program: 2013-2017 $5.70 (7) For the performance of such a work in a feature presentation of a station of NPR: 2013-2017 $1.66 (8) For the performance of such a work as background or theme music in a program of a station of NPR: 2013-2017 $.59 (9) For purposes of this schedule the rate for the performance of theme music in an entire series shall be double the single program theme rate. (10) In the event the work is first performed in a program of a station of PBS or NPR, and such program is subsequently distributed by PBS or NPR, an additional royalty payment shall be made equal to the difference between the rate specified in this section for a program of a station of PBS or NPR, respectively, and the rate specified in this section for a PBS or NPR program, respectively. (b) Payment of royalty rate. The required royalty rate shall be paid to each known copyright owner not later than July 31 of each calendar year for uses during the first six months of that calendar year, and not later than January 31 for uses during the last six months of the preceding calendar year. (c) Records of use. PBS and NPR shall, upon the request of a copyright owner of a published musical work who believes a musical composition of such owner has been performed under the terms of the schedule established in paragraph (a) of this section, permit such copyright owner a reasonable opportunity to examine their standard cue sheets listing the nondramatic performances of musical compositions on PBS and NPR programs. Any local PBS and NPR station that shall be required by the provisions of any voluntary license agreement with American Society of Authors, Composers and Publishers (ASCAP), Broadcast Music, Inc. (BMI), Global Music Rights, LLC (GMR), or SESAC Performing Rights, LLC (SESAC) covering the license period January 1, 2023, to December 31, 2027, to provide a music use report shall, upon request of a copyright owner who believes a musical composition of such owner has been performed under the terms of the schedule established in paragraph (a), permit such copyright owner to examine the report. [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]