[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: 37CFR383.4]

[Page 753]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
        CHAPTER III--COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS
 
PART 383_RATES AND TERMS FOR SUBSCRIPTION TRANSMISSIONS AND THE REPRODUCTION OF EPHEMERAL RECORDINGS BY NEW SUBSCRIPTION SERVICES--Table of Contents
 
Sec. 383.4  Terms for making payment of royalty fees.

    (a) Subject to the provisions of this section, terms governing 
timing and due dates of royalty payments, late fees, statements of 
account, audit and verification of royalty payments and distributions, 
cost of audit and verification, record retention requirements, treatment 
of Licensees' confidential information, distribution of royalties, 
unclaimed funds, designation and definition of the collection and 
distribution organization, and any definitions for applicable terms not 
defined herein and not otherwise inapplicable shall be those adopted by 
the Copyright Royalty Judges for subscription transmissions and the 
reproduction of ephemeral recordings by preexisting satellite digital 
audio radio services in Docket No. 2006-1 CRB DSTRA (``the SDARS 
Proceeding'').
    (b) Without prejudice to any applicable notice and recordkeeping 
provisions, statements of account shall not require reports of 
performances.
    (c) If the Copyright Royalty Judges adopt reports of use regulations 
in the SDARS Proceeding, those regulations, if any, shall govern 
Licensees' obligations to report sound recordings used pursuant to this 
part, except that Licensees also shall report to SoundExchange which 
channels are transmitted by their respective Providers for all past, 
current and future periods. In the event that the Copyright Royalty 
Judges do not adopt reports of use regulations in the SDARS Proceeding, 
then reports of use provided by XM Satellite Radio, Inc. (``XM'') and 
Sirius Satellite Radio, Inc. (``Sirius'') for their use of sound 
recordings on their preexisting satellite digital audio radio services 
(as defined in 17 U.S.C. 114(j)(10)) shall be deemed to satisfy XM's and 
Sirius' obligations to report sound recordings used pursuant to this 
part, and MTV Networks shall provide census reporting, retroactive to 
the inception of its Service.

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