Current Developments
October 17, 2016
Copyright Royalty Board News, Issue 152: Interviews Invited Regarding Electronic Filing System to be Implemented by Copyright Royalty Board
September 2, 2016
Docket No. 2006-1 CRB DSTRA: Hearing Order
March 4, 2016
The Copyright Royalty Judges have issued their final Web IV Determination and a second amended Exhibit A containing the final regulations. The final Determination including the final regulations is available here.
December 24, 2015
The Copyright Royalty Judges have amended the regulatory language codifying the terms of their Web IV Determination. The corrections do not alter the substance of the Determination or supersede any voluntary agreements. The amended version is available here.
December 16, 2015
The Copyright Royalty Judges today issued their written determination of royalty rates and terms to apply from January 1, 2016, through December 31, 2020, to digital performance of sound recordings over the Internet by nonexempt, noninteractive transmission services (webcasters) and to the making of ephemeral recordings to facilitate those performances. The written determination is currently being reviewed by the parties to the proceeding to determine which portions, if any, contain confidential information that must be redacted from the version that will be released to the public.
The rate for commercial subscription services in 2016 is $0.0022 per-performance. The rate for commercial nonsubscription services in 2016 is $0.0017 per-performance. The rates for the period 2017 through 2020 for both subscription and nonsubscription services shall be adjusted to reflect the increases or decreases, if any, in the general price level, as measured by the Consumer Price Index applicable to that rate year, as set forth in the regulations adopted by the Judges’ determination.
The rates for noncommercial webcasters are: $500 annually for each station or channel for all webcast transmissions totaling not more than 159,140 Aggregate Tuning Hours (ATH) in a month, for each year in the rate term. In addition, if, in any month, a noncommercial webcaster makes total transmissions in excess of 159,140 ATH on any individual channel or station, the noncommercial webcaster shall pay per-performance royalty fees for the transmissions it makes on that channel or station in excess of 159,140 ATH at the rate of $0.0017 per-performance. The rates for transmissions over 159,140 ATH per month for the period 2017 through 2020 shall be adjusted to reflect the increases or decreases, if any, in the general price level, as measured by the Consumer Price Index applicable to that rate year, as set forth in the regulations adopted by this determination.
The Judges also determined details relating to the rates for each category of webcasting service, such as minimum fee and administrative terms. The regulatory language codifying the terms of the Judges’ determination is available on the Copyright Royalty Board website.
Docket No. 14-CRB-0001-WR (Web IV) (2016-2020)
Docket No. 15–CRB–0010–CA (Adjustment of Cable Statutory License Royalty Rates)
Docket No. 14-CRB-0011 SD (2013) Distribution of the 2013 Satellite Royalty Funds
Docket No. 14-CRB-0010 CD (2013) Distribution of the 2013 Cable Royalty Funds
Docket No. 14–CRB–0006-DART (2013): Distribution of the 2013 DART Sound Recordings Fund Royalties
- Read FR Notice soliciting comments on motion for partial distribution.
79 FR 60185 (October 6, 2014) Version: PDF
- Read Comments (November 2014)
- Read Petitions to Participate (September 2015)
- Read Determination and Order
Docket No. 14–CRB–0008–SD (2010–2012): Distribution of the 2012 Satellite Royalty Funds. Read FR Notice requesting comments.
79
FR 59306 (October 1, 2014)
Version: PDF
Docket No. 14–CRB–0007–CD (2010–2012): Distribution of the 2012 Cable Royalty Funds. Read FR Notice requesting comments.
79 FR 59306 (October 1, 2014)
Version: PDF
Docket No. 2008-1 -CRB CD 1998-99 (Phase II)
Docket No. 2012-7 -CRB SD 2004-09 (Phase II)
Docket No.-2012-6 CRB CD 2004-09 (Phase II)
Docket No. 14-CRB-0005 RM
Distribution of 2009, 2010, and 2011 Digital Audio Recording Technology Musical Works Funds. Docket No. 2013-6 CRB DD (MW) 2009-2011
Distribution of 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009 Satellite Royalty Funds. Docket No. 2012-7 CRB CD 1999-2009
Distribution of 2004, 2005, 2006, 2007, 2008 and 2009 Cable Royalty Funds. Docket No. 2012-6 CRB CD 2004-2009 (Phase II)
Distribution of the 2000, 2001, 2002, and 2003 Cable Royalty Funds, Docket No. 2008-2 CRB CD 2000-2003 (Phase II)
On August 13, 2013, the Copyright Royalty Judges issued their Initial Determination of the Phase II distribution of 2000, 2001, 2002, and 2003 cable royalties collected under Section 111 of the Copyright Act among the claimants in the Program Suppliers category and the Devotional category.
Program Suppliers Category: The Judges allocated the royalties in the Program Suppliers category as follows:
Allocation in the Program Suppliers Category |
|
2000 |
2001 |
2002 |
2003 |
MPAA |
98.84% |
99.69% |
99.64% |
99.77% |
IPG |
1.16% |
0.31% |
0.36% |
0.23% |
Devotional Category: The Judges allocated the royalties in the Devotional category as follows:
Allocation in the Devotional Category |
|
2000 |
2001 |
2002 |
2003 |
SDC |
62.86% |
60.92% |
58.98% |
60.92% |
IPG |
37.14% |
39.08% |
41.02% |
39.08% |
Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services, Docket No. 2011-1 CRB PSS/Satellite II
On February 14, 2013, the Copyright Royalty Judges issued their Final Determination setting rates and terms for the digital performance of sound recordings and the making of ephemeral recordings by preexisting subscription services (PSS) and preexisting satellite digital audio radio services (SDARs) under the statutory licenses set forth in Sections 112 and 114 of the Copyright Act for January 1, 2013, through December 31, 2017.
The public version of the Final Determination posted here contains the same redactions previously requested by the parties of information governed by the Protective Order in effect in this proceeding.
Determination of Rates and Terms for Business Establisments Services (Docket No. 2012-1 CRB Business Establishments II)
Docket No. RM 2011-5: Notice and Recordkeeping for Use of Sound Recordings Under Statutory License
Docket No. 2011-3 CRB Phonorecords II: Adjustment or Determination of Compulsory License Rates for Making and Distributing Phonorecords
Docket No. 2011-2 CRB NCEB II: Determination of Reasonable Rates and Terms for Noncommercial Broadcasting
Docket No. 2011-1 CRB PSS/Satellite II: Determination of Rates and Terms for Preexisting Subscription and Satellite Digital Audio Radio Services
Digital Performance in Sound Recordings and Ephemeral Recordings
( 2009-1 CRB Webcasting III)
On January 5, 2011, the Copyright Royalty Judges issued their final determination setting the rates and terms for the digital performance of sound recordings and the making of ephemeral recordings by eligible nonsubscription transmission services and transmissions made by a new subscription service for the period beginning January 1, 2011, and ending on December 31, 2015.
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