[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: 37CFR253.4]

[Page 576-577]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING--Table of Contents
 
Sec. 253.4  Performance of musical compositions by PBS, NPR and other public broadcasting entities engaged in the activities set forth in 17 U.S.C. 118(d).

    The following schedule of rates and terms shall apply to the 
performance by PBS, NPR and other public broadcasting entities engaged 
in activities set forth in 17 U.S.C. 118(d) of copyrighted published 
nondramatic musical compositions, except for public broadcasting 
entities covered by Secs. 253.5 and 253.6, and except for compositions 
which are the subject of voluntary license agreements, or compositions 
in the repertories of ASCAP, BMI or SESAC which are licensed on terms 
and conditions established by a duly empowered Copyright Arbitration 
Royalty Panel pursuant to the procedures set forth in subchapter B of 37 
CFR, part 251.
    (a) Determination of royalty rate. (1) For the performance of such a 
work in a feature presentation of PBS:

1998-2002........................................................$211.53

    (2) For the performance of such a work as background or theme music 
in a PBS program:

1998-2002.........................................................$53.59

    (3) For the performance of such a work in a feature presentation of 
a station of PBS:

1998-2002.........................................................$18.08

    (4) For the performance of such a work as background or theme music 
in a program of a station of PBS:

1998-2002..........................................................$3.81

    (5) For the performance of such a work in a feature presentation of 
NPR:

1998-2002.........................................................$21.44

    (6) For the performance of such a work as background or theme music 
in an NPR program:

1998-2002..........................................................$5.20

    (7) For the performance of such a work in a feature presentation of 
a station of NPR:

1998-2002..........................................................$1.52

    (8) For the performance of such work as background or theme music in 
a program of a station of NPR:

1998-2002...........................................................$.54

    (9) For the 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 this 
schedule, 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 ASCAP or BMI covering the license period January 
1, 1998, to December 31, 2002, to prepare 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 this schedule, permit such 
copyright owner to examine the report.

[[Page 577]]

    (d) Terms of use. The fees provided in this schedule for the 
performance of a musical work in a program shall cover performances of 
such work in such program for a period of three years following the 
first performance.

[57 FR 60954, Dec. 22, 1992. Redesignated and amended at 59 FR 23993, 
May 9, 1994; 63 FR 2144, Jan 14, 1998]