Lapas attēli
PDF
ePub

Chapter III-Copyright Royalty Tribunal

§ 305.3

(c) The adjusted schedule of rates PART 305-CLAIMS TO PHONOREC. for $ 304.5, alone, shall become effec

ORD PLAYER (JUKEBOX) ROYALTY tive thirty days after publication in

FEES the FEDERAL REGISTER.

Sec. 8 304.11 Notice of restrictions on une of

305.1 General. reproductions of transmission pro- 305.2. Time of filing. grams.

305.3 Content of claims.

305.4 Justification of clalms. Any public broadcasting entity

305.5 Forms. which, pursuant to 17 U.S.C. 118, supplies a reproduction of a transmission

AUTHORITY: 17 U.S.C. 116(c)(2). program to governmental bodies or SOURCE: 43 FR 40501, Sept. 12, 1978, nonprofit institutions shall include

unless otherwise noted. with each copy of the reproduction &

8 305.1 General. warning notice stating in substance that the reproductions may be used

This regulation prescribes proce. for a period of no more then seven

dures pursuant to 17 U.S.C. 116(c)(2), days from the specified date of trans

whereby persons claiming to be enti. mission, that the reproductions must

tled to compulsory license fees for be destroyed by the user before or at

public performances of nondramatic

musical works by means of coin-oper. the end of such period, and that a fall.

ated phonorecord players shall alle ure to fully comply with these terms

claims with the Copyright Royalty shall subject the body or institution to

Tribunal. the remedies for infringement of copy. right.

8 305.2 Time of filing. 8 304.12 Amendment of certain regula

During the month of January In tions.

each year every person claiming to be

entitled to phonorecord player sees for Subject to 17 U.S.C. 118, the Admin

performances of nondramatic musical istrative Procedure Act and the Rules works during the prceeding calendar of Procedure of the Copyright Royal- year shall file & claim with the Copy. ty Tribunal, the CRT may at any time right Royalty Tribunal. Calmants amend, modify or repeal regulations in may filc jointly or as a single cinim. A this part adopted pursuant to 17 performing rights society shall not be U.S.C. 118(b)(3) by which "copyright required to obtain from Ils members owners may receive reasonable notice or affiliates scparatc authorizations, or the use of their works" and "under apart from their standard membership which records of such use shall be

or affiliation agreements, for purposes kept by public broadcasting entities".

of this filing and see distribution. 8 304.13 Issuance of interpretative regula.

8 305.3 Content of clainis. tions.

The claims flled shall include the Subject to 17 U.S.C. 118, the Admin

following information: istrative Procedure Act and the Rules

(a) The full legal name of the person of Procedure of the Copyright Royal.

or entily claiming compulsory license ty Tribunal, the CRT may at any time,

fees. Performing rights societies are either on its own motion or the motion

not required to include lists of niem. of a person having a significant Inter.

bers or affiliates to whom distribu.

tions would be made by such societies. est in the subject matter, issue such

(b) The full address, including a spr. interpretative regulations as may be

cilic number and street name or rural necessary or useful the implementa

route, of the place of business of the tion of this part. Such regulations may

person or entity. not prior to January 1, 1988, alter the

(c) A specific agreement to accept AS schedule of rates and terms of royalty final the determination of the Copy. payments by this part.

right Royalty Tribunal in any contro. versy concerning the distribution of

8 305.4

Title 37 ---Patents, Trademarks, and copyrights

have the same meaning as set forth in 17 U.S.C. 116(e)(1).

royalty fees, except for the judicial review provided in 17 U.S.C. 116. & 305.4 Justification of claims.

(a) Not later than the first day of November of cach ycar, every person or cntity which has filed a claim pursuant to $305.2 shall filc with the Copyright Royalty Tribunal a state. ment claiming the proportionate share of compulsory license fees to which such person or entity believes it is entitled. The statement shall include a detailed justification for the requested entitlement and shall also include such spccific information as the Copy. right Royalty Tribunal may require by regulation or order.

(b) The entitlement justification statement required by paragraph (a) need not be filed with the Copyright Royalty Tribunal if it has been deter. mined by the Tribunal that there is no controversy as to the distribution of royalty fees.

8 306.3 Compulsory license fees for coin.

operated phonorecord players. (a) Commencing on January 1, 1982 the annual compulsory liccnsc fcc (or a coin-operated phonorecord player, as set forth in 17 U.S.C. 116(b)(1)(A), shall be $25.

(b) Commencing on January 1, 1984 the annual compulsory license fee for a coin-operated phonorecord player, as set forth in 17 U.S.C. 116(b)(1)(A), shall be $50, subject to adjustment in accordance with $ 306.4 hereof.

(c) In accordance with 17 U.S.C. 116(b)(1)(A), If performances are made available on a particular phonorccord player for the first time after July 1 of any year, the compulsory license fee for the remainder of that year shall be one half of the annual rate of (a) or (b) of this section, subject to adjust. ment in accordance with $306.4 hereof.

8 305.5 Forms.

The Copyright Royalty Tribunal does not provide printed forms for the filing of claims.

PART 306-ADJUSTMENT OF ROYALTY RATE FOR COIN OPERATED PHONORECORD PLAYERS

Sec. 306.1 General. 306.2 Definition of coln-operated phono.

record player. 300.3 Compulsory license secs for coln-op.

erated phonorecord players. 306.4 Cost of living adjustment.

AUTHORITY: 17 U.S.C. 801(b)(1) and 804(e).

SOURCE: 46 FR 890, Jan. 6. 1981 unless otherwise noted.

8 306.4 Cost of living adjustment.

(a) On August 1, 1986 the Copyright Royalty Tribunal (CRT) shall publish in the FEDERAL REGISTER & notice of the change in the cost of living as de. termined by the Consumer Price Index (all urban consumers, all items) froin the first Index published subsc. quent to February 1, 1981 to the last Index published prior to August 1, 1080.

(b) On the same date as the notices published pursuant to paragraph (a), the CRT shall publish in the FEDERAL REGISTER & revised schedule of the compulsory license see which shall adjust the dollar amount set forth in

306.3(b) according to the change in the cost of living determined as provided in paragraph (a). Such compul. sory license fee shall be fixed at the nearest dollar.

(c) The adjusted schedule for the compulsory license fee shall become effective on January 1, 1987.

8 306.1 General.

This Part 306 establishes the complusory license fees for coin-operated phonorecord players beginning on January 1, 1982, in accordance with the provisions of 17 U.S.C. 116 and 804(&).

8 306.2 Definition of coin-operated phono

record player. As used in this part, the term "coinoperated phonorecord player" shall

[blocks in formation]

*8 307.2 Royalty payable under compulsory

license. With respect to each work embodied in the phonorecord, the royalty pay. able shall be either four cents, or three-quarters of one cent per minute of playing time or fraction thereof, whichever amount is larger, for cvcry phonorccord made and distributed on or after July 1, 1981, subject to adjustment pursuant to § 307.3. (46 FR 891, Jan. 5, 1981, as amended at 46 FR 62268, Dec. 23, 1981)

$ 308.1 (encral.

This part establishes adjusted lernis and rates or royalty payments in ac. cordance with the provisions of 17 U.S.C. 111 and 801(b)(2)(A), (P), (C). and (D). Upon compliance with 17 U.S.C 111 and the terms and rates of this part, a cable system entity may engage in the activities set forth in 17 U.S.C. 111.

(17 U.S.C. 801(b)(2) (A) and (D)) (47 FR 52159, Nov. 19, 1982)

8 307.3 Adjustment of royalty rate

(a) For every phonorecord made and distributed on or after January 1, 1983, the royalty payable with respect lo cach work cmbodied in the phonorecord shall be either 4.25 cents, or .8 cent per minute of playing timc or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (b) and (c) of this section,

(b) For every phonorecord made and distributed on or after July 1, 1984, the royalty payable with respect to each work embodied in the phonorecord shall be either 4.5 cents, or .85 cent per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraph (c) of this sec. tion.

(c) For every phonorecord made and distributed on or after January 1, 1986, the royalty payable with respect

8 308.2 Royalty sec for compulsory license

for necondary transmission by cable

systems. (a) Commencing with the first semiannual accounting period of 198! and for each semiannual accounting period thereafter, the royalty rates estab. lished by 17 U.S.C. 111(d)(2)(B) shall be as follows:

(1) .799 of 1 per centum or such gross receipts for the privilege of Turther transmitting any nonnetu'ork programming of a primary transmitter in whole or in part beyond the local service area of such primary transmit. ter, such amount to be applied against the fee, if any, payable pursuant to paragraphs (a) (2) through (4);

(2) .799 of 1 per centum of such gross reccipts for the first distant signal equivalent;

(3) .503. of 1 per centum or such gross receipts for each of the second, third and fourth distant signal equivalents; and

$ 308.2

Title 37-Patents, Trademarks, and copyrights

by

(4) · 287' oi í per centum of such (2) A signal of the same type (that gross recclpls for the firth distant is, independent, network, or non-comsignal cquivalent and cach additional mercial educational) substituted for distant signal equivalent thercaster. such permitted signnl, or

(0) Commencing with the first semi. (3) A signal which was carried pursu. annual accounting period of 1981 and ant to an individual waiver of the rules lor ench semiannual accounting period and regulations of the Federal Comthercaster, the gross receipts limita. munications Commission, as such rulcs tions established

17 U.S.C. were in effect on June 24, 1981; 111(d)(2) (C) and (D) shall be adjusted

the royalty rate shall be, in lieu of the as follows:

royalty rates specified in paragraphs (1) If the actual gross receipts paid (a) and (d) of this section, 3.75 per by subscribers to a cable system for centum of the gross receipts of the the period covered by the statement cable systems for each distant signal for the basic service of providing sec- equivalent; any fraction of a distant ondary transmission of primary broad- signal equivalent shall be computed at cast transmitters total $107.000 or less, Its fractional value. gross receipts of the cable system for (d) Commencing with the first acthe purpose of this paragraph shall be counting period of 1983 and for each computed by subtracting from such semiannual accounting period thereaf. actual gross receipts the amount by ter, for each distant signal equivalent which $107,000 exceeds such actual or fraction thereof represented by the gross receipts, except that in no case carriage of any signal which was subshall a cable system's gross receipts be ject (or, in the case of cable systems reduced to lcs than $4,000. The royal. commencing operations after Junc 24, ty see pnyable under this paragraph 1981, which would have been subject) shall be 0.5 of 1 per centum regardless to the FCC's syndicated exclusivity of the number of distant signal equiva. rules in effect on June 24, 1981 lents. If any; and

(former 47 CFR 76.151 3et seq.), the (2) If the actual gross receipts paid royalty rate shall be, In addition to the by subscribers to a cable system for amount specified in paragraph (a) of the period covered by the statement, this section, for the basic service of providing sec.

(1) For cable systems located wholly ondary transmissions of primary or in part within a top 50 television broadcast transmitters, are more than market, $107.000 but less than $214,000, the (1) .599 per centum of such gross for royalty fee payable under this para- the first distant signal equivalent; graph shall be: (1) 0.5 of 1 per centum (11).377 per centum of such gross re. of any gross receipts up to $107.000 ceipts for each of the second, third, and (11) 1 per centum of any gross re- and fourth distant signal equivalents: ceipts in excess of $107.000 but less (111) .178 of 1 per centum for the than $214,000, regardless of the fifth distant signal equivalent and number of distant signal equivalents, each additional distant signal equiva. if any.

lent thereaster; (c) Notwithstanding paragraphs (a) (2) For cable systems located wholly and (d) of this section, commencing or in part within a second 50 television with the first accounting period of market; 1983 and for each semiannual account. (1) .300 per centum of such gross re ing period thercaster, for each distant ceipts for the first distant signal equivo signal equivalent or fraction thereof alent; not represented by the carriage of:

(ii) .189 of 1 per centum of such (1) Any signal which was permitted gross receipts for each of the second, (or, in the case of cable systems com- third, and fourth distant signal mencing operations after June 24, equivalents; and 1981, which would have been permit. (iii) .089 of 1 per ccntum for the ted) under the rules and regulations of filth distant signal equivalent And the Federal Communications Commis. each additional distant signal equiva. sion in cifect on June 24, 1981, or

lent thereaftcr;

Chapter III-Copyright Royalty Tribunal

$ 308.2

(3) For purposes of this section "top 50 television markets" and "second 50 television markets" shall be defined as the comparable lornia ara defined or interpreted in accordance with 47 CFR 76.51, as effective June 24, 1981.

(17 U.S.C. 80160X2XA) and (D)) (46 FR 897, Jan. 5. 1981, As Amended Al 47 FR 44728, Oct. 12, 1982; 47 FR 52159. Nov. 10, 1002)

« iepriekšējāTurpināt »