Copyright Law Updates | New Statutes, Regulations and Rules
June 26, 2012
Copyright Office Proposes Regulation for Verification of Cable and Satellite Statements of Account
Verification of Statements of Account Submitted by Cable Operators and Satellite Carriers
37 CFR Part 201, Docket No. 2012–5, 6/14/2012
The Copyright Office is proposing a new regulation to implement provisions in the Satellite Television Extension and Localism Act of 2010 (‘‘STELA’’) that will allow copyright owners to audit certain Statements of Account filed with the Copyright Office.
Cable operators and satellite carriers pay royalties to and file Statements of Account with the Copyright Office every six months as required by law for the use of the statutory licenses that allow for the retransmission of programming carried on over-the-air broadcast signals.
However, until the passage of STELA the licenses did not authorize the copyright owners, who are the beneficiaries of the royalties collected, to audit the information on Statements of Account and the amounts paid for use of the statutory licenses.
The proposed regulation would allow copyright owners to appoint an auditor to verify the accuracy of these statements. In addition, it would give cable operators and satellite carriers an opportunity to correct any errors identified in the auditor’s report and to correct any underpayments that the auditor may discover.
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