[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR201.35]

[Page 498-499]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 201--GENERAL PROVISIONS--Table of Contents
 
Sec. 201.35  Initial Notice of Digital Transmission of Sound Recordings 
under Statutory License.

    (a) General. This section prescribes rules under which copyright 
owners shall receive initial notice of use of their sound recordings 
under statutory license under section 114(f) of title 17 of the United 
States Code.
    (b) Definitions. (1) An Initial Notice of Digital Transmission of 
Sound Recordings under Statutory License is a notice to sound recording 
copyright owners of the use of their works under section 114(f), and 
required under this regulation to be filed by a Service in the Copyright 
Office.
    (2) 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, and includes, without limitation, any entity that transmits 
an AM/FM broadcast signal over a digital communications network such as 
the Internet, regardless of whether the transmission is made by the 
broadcaster that originates the AM/FM signal or by a third party, 
provided that such transmission meets the applicable requirements of the 
statutory license set forth in 17 U.S.C. 114(d)(2).
    (c) Forms. A suggested format for the Initial Notices may be found 
on the Copyright Office website.
    (d) Content. An ``Initial Notice of Digital Transmission of Sound 
Recordings under Statutory License'' shall be identified as such by 
prominent caption or heading, and shall include the following:
    (1) The full legal name of the Service commencing digital 
transmission of sound recordings under statutory license;

[[Page 499]]

    (2) The full address, including a specific number and street name or 
rural route, of the place of business of the Service. A post office box 
or similar designation will not be sufficient except where it is the 
only address that can be used in that geographic location;
    (3) The telephone number and facsimile number of the Service; and
    (4) Information on how to gain access to the online website or home 
page of the Service, or where information may be posted under these 
regulations concerning the use of sound recordings under statutory 
license.
    (e) Signature. The Initial Notice shall include the signature of the 
appropriate officer or representative of the Service transmitting sound 
recordings under statutory license. The signature shall be accompanied 
by the printed or typewritten name and title of the person signing the 
Notice, and by the date of signature.
    (f) Filing. A Service shall file the Initial Notice with the 
Licensing Division of the Copyright Office prior to the first 
transmission of sound recordings under the license, or by September 3, 
1998, in the case of a Service that makes subscription transmissions 
before or on that date, or by December 1, 1999, in the case of a Service 
that makes eligible nonsubscription transmissions before, or on, that 
date. Each Notice shall be accompanied by a filing fee of $20. Initial 
Notices and amendments will be placed in the public records of the 
Licensing Division of the Copyright Office, and posted online where they 
will be accessible through the Copyright Office website. The address of 
the Licensing Division is: Library of Congress, Copyright Office, 
Licensing Division, 101 Independence Avenue, SE., Washington, DC 20557-
6400.
    (g) Amendments. A Service shall file with the Licensing Division of 
the Copyright Office an amendment reporting a change in the information 
reported in the Initial Notice within 45 days of the change. An 
amendment shall be accompanied by a fee of $20, and shall:
    (1) Be clearly and prominently identified as ``An Amendment to an 
Initial Notice of Digital Transmission of Sound Recordings under 
Statutory License'';
    (2) Identify the specific Initial Notice intended to be amended, by 
Service name and filing date, so that it may be readily located in the 
records of the Copyright Office;
    (3) Clearly specify the nature of the amendment to be made; and
    (4) Be signed and dated in accordance with this section.

[63 FR 34296, June 24, 1998, as amended at 64 FR 36575, July 7, 1999; 64 
FR 49671, Sept. 14, 1999; 64 FR 50759, Sept. 20, 1999; 64 FR 66392, Nov. 
26, 1999; 65 FR 39819, June 28, 2000; 65 FR 77301, Dec. 11, 2000]