[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR201.36]

[Page 488-490]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 201--GENERAL PROVISIONS--Table of Contents
 
Sec. 201.36  Reports of Use of Sound Recordings under Statutory License.

    (a) General. This section prescribes rules under which Services 
shall serve copyright owners with notice of use of their sound 
recordings, what the content of that notice should be, and under which 
records of such use shall be kept and made available.
    (b) Definitions. (1) A Collective is a collection and distribution 
organization that is designated under the statutory license, either by 
settlement agreement reached under section 114(f)(1)(A) or section 
114(f)(1)(C)(i) and adopted pursuant to 37 CFR 251.63(b), or by decision 
of a Copyright Arbitration Royalty Panel (CARP) under section 
114(f)(1)(B) or section 114(f)(1)(C)(ii), or by an order of the 
Librarian pursuant to 17 U.S.C. 802(f).
    (2) A Report of Use of Sound Recordings under Statutory License is a 
report required under this regulation to be provided by the Service 
transmitting sound recordings under statutory license.

[[Page 489]]

    (3) A Service is an entity engaged in the digital transmission of 
sound recordings pursuant to section 114(f) of title 17 of the United 
States Code.
    (c) Service. Reports of Use shall be served upon Collectives that 
are identified in the records of the Licensing Division of the Copyright 
Office as having been designated under the statutory license, either by 
settlement agreement reached under section 114(f)(1)(A) or section 
114(f)(1)(C)(i) and adopted pursuant to 37 CFR 251.63(b), or by decision 
of a Copyright Arbitration Royalty Panel (CARP) under section 
114(f)(1)(B) or section 114(f)(1)(C)(ii), or by an order of the 
Librarian pursuant to 17 U.S.C. 802(f). Reports of Use shall be served, 
by certified or registered mail, or by other means if agreed upon by the 
respective Service and Collective, on or before the twentieth day after 
the close of each month, commencing with the month succeeding the month 
in which these regulations become effective.
    (d) Posting. In the event that no Collective is designated under the 
statutory license, or if all designated Collectives have terminated 
collection and distribution operations, a Service transmitting sound 
recordings under statutory license shall post and make available online 
its Reports of Use. Services shall post their Reports of Use online on 
or before the 20th day after the close of each month, and make them 
available to all sound recording copyright owners for a period of 90 
days. Services may require use of passwords for access to posted Reports 
of Use, but must make passwords available in a timely manner and free of 
charge or other restrictions. Services may predicate provision of a 
password upon:
    (1) Information relating to identity, location and status as a sound 
recording copyright owner; and
    (2) A ``click-wrap'' agreement not to use information in the Report 
of Use for purposes other than royalty collection, royalty distribution, 
and determining compliance with statutory license requirements, without 
the express consent of the Service providing the Report of Use.
    (e) Content. A ``Report of Use of Sound Recordings under Statutory 
License'' shall be identified as such by prominent caption or heading, 
and shall include a Service's ``Intended Playlists'' for each channel 
and each day of the reported month.
    (1) The ``Intended Playlists'' shall include a consecutive listing 
of every recording scheduled to be transmitted, and shall contain the 
following information in the following order:
    (i) The name of the service or entity;
    (ii) The channel;
    (iii) The sound recording title;
    (iv) The featured recording artist, group, or orchestra;
    (v) The retail album title (or, in the case of compilation albums 
created for commercial purposes, the name of the retail album identified 
by the Service for purchase of the sound recording);
    (vi) The recording label;
    (vii) The catalog number;
    (viii) The International Standard Recording Code (ISRC) embedded in 
the sound recording, where available and feasible;
    (ix) The date of transmission; and
    (x) The time of transmission.
    (2) The Report of Use shall include a report of any system failure 
resulting in a deviation from the Intended Playlists of scheduled sound 
recordings. Such report shall include the date, time and duration of any 
such system failure.
    (f) Signature. Reports of Use shall include a signed statement by 
the appropriate officer or representative of the Service attesting, 
under penalty of perjury, that the information contained in the Report 
is believed to be accurate and is maintained by the Service in its 
ordinary course of business. The signature shall be accompanied by the 
printed or typewritten name and title of the person signing the Report, 
and by the date of signature.
    (g) Format. Reports of Use should be provided on a standard machine-
readable medium, such as diskette, optical disc, or magneto-optical 
disc, and should conform as closely as possible to the following 
specifications:
    (1) ASCII delimited format, using pipe characters as delimiter, with 
no headers or footers;
    (2) Carats should surround strings;
    (3) No carats should surround dates and numbers;

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    (4) Dates should be indicated by: MM/DD/YYYY;
    (5) Times should be based on a 24-hour clock: HH:MM:SS;
    (6) A carriage return should be at the end of each line; and
    (7) All data for one record should be on a single line.
    (h) Confidentiality. Copyright owners, their agents and Collectives 
shall not disseminate information in the Reports of Use to any persons 
not entitled to it, nor utilize the information for purposes other than 
royalty collection and distribution, and determining compliance with 
statutory license requirements, without express consent of the Service 
providing the Report of Use.
    (i) Documentation. All compulsory licensees shall, for a period of 
at least three years from the date of service or posting of the Report 
of Use, keep and retain a copy of the Report of Use. For reporting 
periods from February 1, 1996, through August 31, 1998, the Service 
shall serve upon all designated Collectives and retain for a period of 
three years from the date of transmission records of use indicating 
which sound recordings were performed and the number of times each 
recording was performed, but is not required to produce full Reports of 
Use or Intended Playlists for those periods.

[63 FR 34296, June 24, 1998, as amended at 64 FR 36575, July 7, 1999; 65 
FR 39819, June 28, 2000]