[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: 37CFR255.3]

[Page 591-592]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 255--ADJUSTMENT OF ROYALTY PAYABLE UNDER COMPULSORY LICENSE FOR MAKING 
AND DISTRIBUTING PHONORECORDS--Table of Contents
 
Sec. 255.3  Adjustment of royalty rate.

    (a) For every phonorecord made and distributed on or after January 
1, 1983, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 4.25 cents, or 0.8 cent per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (b) through (m) of this 
section.
    (b) For every phonorecord made and distributed on or after July 1, 
1984, the royalty rate payable with respect to each work embodied in the 
phonorecord shall be either 4.5 cents, or 0.85 cent per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (c) through (m) of this 
section.
    (c) For every phonorecord made and distributed on or after January 
1, 1986, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 5.0 cents, or 0.95 cent per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (d) through (m) of this 
section.
    (d) For every phonorecord made and distributed on or after January 
1, 1988, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 5.25 cents, or 1.0

[[Page 592]]

cent per minute of playing time or fraction thereof, whichever amount is 
larger, subject to further adjustment pursuant to paragraphs (e) through 
(m) of this section.
    (e) For every phonorecord made and distributed on or after January 
1, 1990, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 5.7 cents, or 1.1 cents per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (f) through (m) of this 
section.
    (f) For every phonorecord made and distributed on or after January 
1, 1992, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 6.25 cents, or 1.2 cents per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (g) through (m) of this 
section.
    (g) For every phonorecord made and distributed on or after January 
1, 1994, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 6.6 cents, or 1.25 cents per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (h) through (m) of this 
section.
    (h) For every phonorecord made and distributed on or after January 
1, 1996, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 6.95 cents, or 1.3 cents per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (i) through (m) of this 
section.
    (i) For every phonorecord made and distributed on or after January 
1, 1998, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 7.1 cents, or 1.35 cents per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (j) through (m) of this 
section.
    (j) For every phonorecord made and distributed on or after January 
1, 2000, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 7.55 cents, or 1.45 cents per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (k) through (m) of this 
section.
    (k) For every phonorecord made and distributed on or after January 
1, 2002, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 8.0 cents, or 1.55 cents per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (l) through (m) of this 
section.
    (l) For every phonorecord made and distributed on or after January 
1, 2004, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 8.5 cents, or 1.65 cents per minute of 
playing time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraph (m) of this section.
    (m) For every phonorecord made and distributed on or after January 
1, 2006, the royalty rate payable with respect to each work embodied in 
the phonorecord shall be either 9.1 cents, or 1.75 cents per minute of 
playing time or fraction thereof, whichever amount is larger.

[60 FR 55459, Nov. 1, 1995, as amended at 63 FR 7289, Feb. 13, 1998]