Section

[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: 37CFR380.3]

[Page 729-731]

TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS

CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS

PART 380_RATES AND TERMS FOR CERTAIN ELIGIBLE NONSUBSCRIPTION TRANSMISSIONS, NEW SUBSCRIPTION SERVICES AND THE MAKING OF EPHEMERAL REPRODUCTIONS--Table of Contents

Sec. 380.3 Royalty fees for the public performance of sound recordings and for ephemeral recordings.

(a) Royalty rates and fees for eligible digital transmissions of
sound recordings made pursuant to 17 U.S.C. 114, and the making of
ephemeral recordings pursuant to 17 U.S.C. 112 are as follows:
(1) Commercial Webcasters: (i) The per-performance fee for 2006-
2010: For all digital audio transmissions, including simultaneous
digital audio retransmissions of over-the-air AM or FM radio broadcasts,
a Commercial Webcaster will pay a performance royalty of: $.0008 per
performance for 2006, $.0011 per performance for 2007, $.0014 per
performance for 2008, $.0018 per performance for 2009, and $.0019 per
performance for 2010. The royalty payable under 17 U.S.C. 112 for any
reproduction of a phonorecord made by a Commercial Webcaster during this
license period and used solely by the Commercial Webcaster to facilitate
transmissions for which it pays royalties as and when provided in this
section is deemed to be included within such royalty payments.

[[Page 730]]

(ii) Optional transitional Aggregate Tuning Hour fee for 2006-2007:
The following Aggregate Tuning Hours (ATH) usage rate calculation
options, in lieu of the per-performance fee, are available for the
transition period of 2006 and 2007:

----------------------------------------------------------------------------------------------------------------
Broadcast simulcast
Other programming programming Non-music programming
----------------------------------------------------------------------------------------------------------------
Prior Fees....................... $0.0117 per ATH..... $0.0088 per ATH..... $0.000762 per ATH.
2006............................. $0.0123 per ATH..... $0.0092 per ATH..... $0.0008 per ATH.
2007............................. $0.0169 per ATH..... $0.0127 per ATH..... $0.0011 per ATH.
----------------------------------------------------------------------------------------------------------------

(iii) ``Non-Music Programming'' is defined as Broadcaster
programming reasonably classified as news, talk, sports or business
programming; ``Broadcast Simulcast Programming'' is defined as
Broadcaster simulcast programming not reasonably classified as news,
talk, sports or business programming; and ``Other Programming'' is
defined as programming other than either Broadcaster simulcast
programming or Broadcaster programming reasonably classified as news,
talk, sports or business programming.
(2) Noncommercial Webcasters: (i) For all digital audio
transmissions totaling not more than 159,140 Aggregate Tuning Hours
(ATH) in a month, including simultaneous digital audio retransmissions
of over-the-air AM or FM radio broadcasts, a Noncommercial Webcaster
will pay an annual per channel or per station performance royalty of
$500 in 2006, 2007, 2008, 2009 and 2010.
(ii) For all digital audio transmissions totaling in excess of
159,140 Aggregate Tuning Hours (ATH) in a month, including simultaneous
digital audio retransmissions of over-the-air AM or FM radio broadcasts,
a Noncommercial Webcaster will pay a performance royalty of: $.0008 per
performance for 2006, $.0011 per performance for 2007, $.0014 per
performance for 2008, $.0018 per performance for 2009, and $.0019 per
performance for 2010.
(iii) The following Aggregate Tuning Hours (ATH) usage rate
calculation options, in lieu of the per-performance fee, are available
for the transition period of 2006 and 2007:

(iv) ``Non-Music Programming'' is defined as Broadcaster programming
reasonably classified as news, talk, sports or business programming;
``Broadcast Simulcast Programming'' is defined as Broadcaster simulcast
programming not reasonably classified as news, talk, sports or business
programming; and ``Other Programming'' is defined as programming other
than either Broadcaster simulcast programming or Broadcaster programming
reasonably classified as news, talk, sports or business programming.
(v) The royalty payable under 17 U.S.C. 112 for any reproduction of
a phonorecord made by a Noncommercial Webcaster during this license
period and used solely by the Noncommercial Webcaster to facilitate
transmissions for which it pays royalties as and when provided in this
section is deemed to be included within such royalty payments.
(b) Minimum fee. Each Commercial Webcaster and Noncommercial
Webcaster will pay an annual, nonrefundable minimum fee of $500 for each
calendar year or part of a calendar year of the license period during
which they are Licensees pursuant to licenses under 17 U.S.C. 114. This
annual minimum fee is payable for each individual channel and each
individual station maintained by Commercial Webcasters and Noncommercial
Webcasters and is also payable for each individual Side Channel
maintained by

[[Page 731]]

Broadcasters who are Licensees. The minimum fee payable under 17 U.S.C.
112 is deemed to be included within the minimum fee payable under 17
U.S.C. 114. Upon payment of the minimum fee, the Licensee will receive a
credit in the amount of the minimum fee against any additional royalty
fees payable in the same calendar year.

[72 FR 24110, May 1, 2007, as amended at 72 FR 29886, May 30, 2007]