Title 37
SECTION 210.30
210.30 Temporary exception to certain reporting requirements about certain permanent download licenses.
§ 210.30 Temporary exception to certain reporting requirements about certain permanent download licenses.(a) Subject to paragraph (b) of this section, where a requirement of § 210.24(b)(8), § 210.25(b)(6), § 210.27(c)(5), or § 210.28(c)(5) has not been satisfied with respect to an individual download license or voluntary pass-through license, such failure shall not:
(1) Render an otherwise compliant notice of license, notice of nonblanket activity, or report of usage invalid; or
(2) Provide a basis for the mechanical licensing collective to reject an otherwise compliant notice of license, serve a notice of default on an otherwise compliant blanket licensee, terminate an otherwise compliant blanket license, or engage in legal enforcement efforts against an otherwise compliant significant nonblanket licensee.
Note 1 to paragraph (a): Paragraph (a) of this section is a transitional exception that shall cease to apply in accordance with such further regulations as the Copyright Office may adopt.
(b) After paragraph (a) of this section is no longer applicable, the mechanical licensing collective may take such action(s) against a beneficiary of paragraph (a) of this section as had been prohibited by paragraph (a) when it was applicable, if an amendment adopted by the Copyright Office to a requirement of § 210.24(b)(8), § 210.25(b)(6), § 210.27(c)(5), or § 210.28(c)(5) with respect to individual download licenses or voluntary pass-through licenses is not complied with by such a beneficiary within 45 calendar days after the effective date of such an amendment, or an alternate date subsequently adopted by the Office, whichever is later. Any deadline otherwise applicable to any such action by the mechanical licensing collective shall be tolled with respect to a beneficiary of paragraph (a) of this section until the conclusion of such 45-day or alternate period.
(c) For purposes of this section, a voluntary pass-through license is a voluntary license obtained by a licensor of sound recordings to make and distribute, or authorize the making and distribution of, permanent downloads embodying musical works through which a digital music provider or significant nonblanket licensee has obtained authority from such licensor of sound recordings to make and distribute permanent downloads of musical works embodied in such sound recordings.
[85 FR 84245, Dec. 28, 2020]