Section

[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: 37CFR253.8]

[Page 579-581]

TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS

CONGRESS

PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING--Table of Contents

Sec. 253.8 Terms and rates of royalty payments for the use of published pictorial, graphic, and sculptural works.

(a) Scope. This section establishes rates and terms for the use of
published pictorial, graphic, and sculptural works by public
broadcasting entities for the activities described in 17 U.S.C. 118. 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) The following schedule of rates shall apply to
the use of works within the scope of this section:
(i) For such uses in a PBS-distributed program:
(A) For a featured display of a work.

1998-2002.........................................................$64.78

(B) For background and montage display.

1998-2002.........................................................$31.59

1998-2002........................................................$127.71

(D) For the display of an art reproduction copyrighted separately
from the work of fine art from which the work was reproduced,
irrespective of whether the reproduced work of fine art is copyrighted
so as to be subject also to payment of a display fee under the terms of
the schedule.

1998-2002.........................................................$41.95

(ii) For such uses in other than PBS-distributed programs:
(A) For featured display of a work.

[[Page 580]]

1998-2002.........................................................$41.95

(B) For background and montage display.

1998-2002.........................................................$21.51

1998-2002.........................................................$85.76

1998-2002.........................................................$21.51

For the purposes of this schedule the rate for the thematic use of a
work in an entire series shall be double the single program theme rate.
In the event the work is first used 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) ``Featured display'' for purposes of this schedule means a full-
screen or substantially full-screen display appearing on the screen for
more than three seconds. Any display less than full-screen or
substantially full-screen, or full-screen for three seconds or less, is
deemed to be a ``background or montage display''.
(3) ``Thematic use'' is the utilization of the works of one or more
artists where the works constitute the central theme of the program or
convey a story line.
(4) ``Display of an art reproduction copyrighted separately from the
work of fine art from which the work was reproduced'' means a
transparency or other reproduction of an underlying work of fine art.
(c) Payment of royalty rate. PBS or other public broadcasting entity
shall pay the required royalty fees to each 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) PBS and its stations or other public
broadcasting entity shall maintain and furnish either to copyright
owners, or to the offices of generally recognized organizations
representing the copyright owners of pictorial, graphic and sculptural
works, copies of their standard lists containing the pictorial, graphic,
and sculptural works displayed on their programs. Such notice shall
include the name of the copyright owner, if known, the specific source
from which the work was taken, a description of the work used, the title
of the program on which the work was used, and the date of the original
broadcast of the program.
(2) Such listings shall be furnished not later than July 31 of each
calendar year for displays during the first six months of the calendar
year, and not later than January 31 of each calendar year for displays
during the second six months of the preceding calendar year.
(e) Filing of use reports with the Copyright Office. (1) PBS and its
stations or other public broadcasting entity shall deposit with the
Copyright Office copies of their standard lists containing the
pictorial, graphic, and sculptural works displayed on their programs.
Such notice shall include the name of the copyright owner, if known, the
specific source from which the work was taken, a description of the work
used, the title of the program on which the work was used, and the date
of the original broadcast of the program.
(2) Such listings shall be furnished not later than July 31 of each
calendar year for displays during the first six months of the calendar
year, and not later than January 31 of each calendar year for displays
during the second six months of the preceding calendar year.
(f) Terms of use. (1) The rates of this schedule are for unlimited
broadcast use for a period of three years from the date of the first
broadcast use of the work under this schedule. Succeeding 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

[[Page 581]]

broadcast use periods without limitation. Such succeeding uses which are
subsequent to December 31, 2002, shall be subject to the rates
established in this schedule.
(2) Pursuant to the provisions of 17 U.S.C. 118 (f), nothing in this
schedule shall be construed to permit, beyond the limits of fair use as
provided in 17 U.S.C. 107, the production of a transmission program
drawn to any substantial extent from a published compilation of
pictorial, graphic, or sculptural works.

[58 FR 60954, Dec. 22, 1992; 58 FR 7051, Feb. 4, 1993. Redesignated and
amended at 59 FR 23993, May 9, 1994; 63 FR 2145, Jan. 14, 1998; 64 FR
36576, July 7, 1999]