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Final Rule on Royalty Rates and Terms
Docket No. 2006–2 CRB NCBRA, 37 CFR Part 381, 11/30/2007
Basic Information
The Copyright Royalty Judges issued on November 30, 2007 final regulations setting the royalty rates and terms under the Copyright Act for the non-commercial educational broadcasting statutory license period 2008-2012. The targeted date of effectivity of these regulations is January 1, 2008. These new rates are applicable to the license period January 1, 2008 through December 31, 20012.
By way of a backgrounder on these new regulations, under Section 118 of the Copyright Act, title 17 of the U.S. Code, it is required that a statutory license be secured for use of certain copyrighted works relating to non-commercial television and radio broadcasting. The terms and rates for this type of license, revised regularly by the Librarian of Congress, appear in 37 CFR part 253. Under the Copyright Royalty and Distribution Reform Act of 2004, Pub. L. 108-419, the Copyright Royalty Judges assumed jurisdiction over these rates and terms.
Among others, the new regulations provide a definition of a “public broadcasting entity, and lays down terms and rates for performance of musical compositions by (1) Public Broadcasting Service, National Print Radio, and other public broadcasting entities engaged in the activities set forth in 17 U.S.C. 118(c); (2) by public broadcasting entities licensed to colleges and universities; and (3) by other public broadcasting entities.
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