37 CFR 382.10 - Royalty fees for the digital performance of sound recordings and the making of ephemeral recordings by preexisting subscription services.

Regulations last checked for updates: Nov 22, 2024

Title 37 - Patents, Trademarks, and Copyrights last revised: Nov 20, 2024

View all text of Subpart B [§ 382.10 - § 382.11]

§ 382.10 - Royalty fees for the digital performance of sound recordings and the making of ephemeral recordings by preexisting subscription services.

(a) Royalty fees. Commencing January 1, 2018, and continuing through December 31, 2027, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the rate of 7.5 percent of Gross Revenues.

(b) Ephemeral recordings royalty fee. (1) The fee for all Ephemeral Recordings is part of the total fee payable under this section and constitutes 5% of it. All Ephemeral Recordings that a Licensee makes that are necessary and commercially reasonable for making noninteractive Digital Audio Transmission as a PSS are included in the 5%.

(2) The minimum fee is $5,000 per year.

authority: 17 U.S.C. 112(e), 114 and 801(b)(1)

source: 83 FR 65265, Dec. 19, 2018, unless otherwise noted.

cite as: 37 CFR 382.10