[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: 37CFR382.1]

[Page 742-743]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
  PART 382_RATES AND TERMS FOR DIGITAL TRANSMISSIONS OF SOUND RECORDINGS AND THE REPRODUCTION OF EPHEMERAL RECORDINGS BY PREEXISTING SUBSCRIPTION SERVICES AND 
PREEXISTING SATELLITE DIGITAL AUDIO RADIO SERVICES--Table of Contents
 
               Subpart A_Preexisting Subscription Services
 
Sec. 382.1  General.


    (a) This subpart establishes rates and terms of royalty payments for 
the public performance of sound recordings by nonexempt preexisting 
subscription services in accordance with the provisions of 17 U.S.C. 
114(d)(2), and the making of ephemeral phonorecords in connection with 
the public performance of sound recordings by nonexempt preexisting 
subscription services in accordance with the provisions of 17 U.S.C. 
112(e).

[[Page 743]]

    (b) Upon compliance with 17 U.S.C. 114 and the terms and rates of 
this subpart, nonexempt preexisting subscription services may engage in 
the activities set forth in 17 U.S.C. 114(d)(2).
    (c) Upon compliance with 17 U.S.C. 112(e) and the terms and rates of 
this subpart, nonexempt preexisting subscription services may engage in 
the activities set forth in 17 U.S.C. 112(e) without limit to the number 
of ephemeral phonorecords made.
    (d) For the purposes of this subpart, Licensee means any preexisting 
subscription service as defined in 17 U.S.C. 114(j)(11).