[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: 37CFR382.3]

[Page 744]
 
              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. 382.3  Terms for making payment of royalty fees.

    (a) Payment to the Collective. All royalty payments shall be made to 
the Collective designated for the collection and distribution of 
royalties for the 2008-2012 time period, which shall be SoundExchange.
    (b) Timing of payment. Payment shall be made on the forty-fifth day 
after the end of each month for that month, commencing with the month 
succeeding the month in which the royalty fees are set.
    (c) Distribution of royalties. (1) The Collective shall promptly 
distribute royalties received from Licensees to copyright owners and 
performers, or their designated agents, that are entitled to such 
royalties. The Collective shall only be responsible for making 
distributions to those copyright owners, performers, or their designated 
agents who provide the Collective with such information as is necessary 
to identify the correct recipient. The Collective shall distribute 
royalties on a basis that values all performances by a Licensee equally 
based upon the information provided under the reports of use 
requirements for Licensees contained in Sec. 370.2 of this chapter.
    (2) If the Collective is unable to locate a copyright owner or 
performer entitled to a distribution of royalties under paragraph (c)(1) 
of this section within 3 years from the date of payment by a Licensee, 
such distribution may first be applied to the costs directly 
attributable to the administration of that distribution. The foregoing 
shall apply notwithstanding the common law or statutes of any State.