[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: 37CFR253.7] [Page 578-579] TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS CONGRESS PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING--Table of Contents Sec. 253.7 Recording rights, rates and terms. (a) Scope. This section establishes rates and terms for the recording of nondramatic performances and displays of musical works, other than compositions subject to voluntary license agreements, or compositions represented by the Harry Fox Agency, Inc., SESAC, and/or the National Music Publishers Association and which are licensed on terms and conditions established by a duly empowered Copyright Arbitration Royalty Panel pursuant to the procedures set forth in this subchapter, on and for the radio and television programs of public broadcasting entities, whether or not in synchronization or timed relationship with the visual or aural content, and for the making, reproduction, and distribution of copies and phonorecords of public broadcasting programs containing such nondramatic performances and displays of musical works solely for the purpose of transmission by public broadcasting entities. The rates and terms established in this schedule include the making of the reproductions described in 17 U.S.C. 118(d)(3). (b) Royalty rate. (1)(i) For uses described in paragraph (a) of this section of a musical work in a PBS-distributed program, the royalty fees shall be calculated by multiplying the following per-composition rates by the number of different compositions in that PBS-distributed program: 1998-2002 Feature.................................................... $106.04 Concert feature (per minute)............................... 31.84 Background................................................. 53.59 Theme: Single program or first series program................... 53.59 Other series program..................................... 21.75 (ii) For such uses other than in a PBS-distributed television program, the royalty fee shall be calculated by multiplying the following per-composition rates by the number of different compositions in that program: 1998-2002 Feature.................................................... $8.76 Concert feature (per minute)............................... 2.30 Background................................................. 3.81 Theme: Single program or first series program................... 3.81 Other series program..................................... 1.52 (iii) In the event the work is first recorded other than in a PBS- distributed program, and such program is subsequently distributed by PBS, an additional royalty payment shall be made equal to the difference between the rate specified in this section for other than a PBS- distributed program and the rate specified in this section for a PBS- distributed program. (2) For uses licensed herein of a musical work in a NPR program, the royalty fees shall be calculated by multiplying the following per- composition rates by the number of different compositions in any NPR program distributed by NPR. For purposes of this schedule ``National Public Radio'' programs include all programs produced in whole or in part by NPR, or by any NPR station or organization under contract with NPR. 1998-2002 Feature.................................................... $11.48 Concert feature (per half hour)............................ 16.85 Background................................................. 5.75 Theme: Single program or first series program................... 5.75 Other series program..................................... 2.29 (3) For the purposes of this schedule, a ``Concert Feature'' shall be deemed to be the nondramatic presentation in a program of all or part of a symphony, concerto, or other serious work originally written for concert performance or the nondramatic presentation in a program of portions of a serious work originally written for opera performance. (4) For such uses other than in a NPR-produced radio program: 1998-2002 Feature.................................................... $.74 Feature (concert)(per half hour)........................... 1.54 Background................................................. .37 (5) The schedule of fees covers broadcast use for a period of three years following the first broadcast. Succeeding [[Page 579]] broadcast use periods will require the following additional payment: second three-year period--50 percent; each three-year period thereafter- -25 percent; provided that a 100 percent additional payment prior to the expiration of the first three-year period will cover broadcast use during all subsequent broadcast use periods without limitation. Such succeeding uses which are subsequent to December 31, 2002, shall be subject to the royalty rates established in this schedule. (c) Payment of royalty rates. The required royalty rates 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. (d) Records of use. (1) Maintenance of cue sheets. PBS and its stations, NPR, or other television public broadcasting entities shall maintain and make available for examination pursuant to subsection (e) copies of their standard cue sheets or summaries of same listing the recording of the musical works of such copyright owners. (2) Content of cue sheets or summaries. Such cue sheets or summaries shall include: (i) The title, composer and author to the extent such information is reasonably obtainable. (ii) The type of use and manner of performance thereof in each case. (iii) For Concert Feature music, the actual recorded time period on the program, plus all distribution and broadcast information available to the public broadcasting entity. (e) Filing of use reports with the Copyright Office. Deposit of cue sheets or summaries. PBS and its stations, NPR, or other television public broadcasting entity shall deposit with the Copyright Office copies of their standard music cue sheets or summaries of same (which may be in the form of hard copy of computerized reports) listing the recording pursuant to this schedule of the musical works of copyright owners. Such cue sheets or summaries shall be deposited not later than July 31 of each calendar year for recordings during the first six months of the calendar year and not later than January 31 of each calendar year for recordings during the second six months of the preceding calendar year. PBS and NPR shall maintain at their offices copies of all standard music cue sheets from which such music use reports are prepared. Such music cue sheets shall be furnished to the Copyright Office upon its request and also shall be available during regular business hours at the offices of PBS or NPR for examination by a copyright owner who believes a musical composition of such owner has been recorded pursuant to this schedule. [57 FR 60954, Dec. 22, 1992; 58 FR 7051, Feb. 4, 1993; 58 FR 8820, Feb. 17, 1993, as amended at 63 FR 2145, Jan. 14, 1998; 63 FR 30635, 30636, June 5, 1998]