[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR261.1]

[Page 653]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 261_RATES AND TERMS FOR ELIGIBLE NONSUBSCRIPTION TRANSMISSIONS AND THE MAKING OF EPHEMERAL REPRODUCTIONS--Table of Contents
 
Sec. 261.1  General.

    (a) This part 261 establishes rates and terms of royalty payments 
for the public performance of sound recordings in certain digital 
transmissions by certain Licensees in accordance with the provisions of 
17 U.S.C. 114, and the making of ephemeral recordings by certain 
Licensees in accordance with the provisions of 17 U.S.C. 112(e).
    (b) Licensees relying upon the statutory license set forth in 17 
U.S.C. 114 shall comply with the requirements of that section and the 
rates and terms of this part.
    (c) Licensees relying upon the statutory license set forth in 17 
U.S.C. 112 shall comply with the requirements of that section and the 
rates and terms of this part.
    (d) Notwithstanding the schedule of rates and terms established in 
this part, the rates and terms of any license agreements entered into by 
Copyright Owners and services within the scope of 17 U.S.C. 112 and 114 
concerning eligible nonsubscription transmissions shall apply in lieu of 
the rates and terms of this part.