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Title 37 Part 385 → Subpart D → §385.31

Title 37 → Chapter III → Subchapter E → Part 385 → Subpart D → §385.31

Electronic Code of Federal Regulations e-CFR

Title 37 Part 385 → Subpart D → §385.31

e-CFR data is current as of February 20, 2020

Title 37Chapter IIISubchapter EPart 385Subpart D → §385.31


Title 37: Patents, Trademarks, and Copyrights
PART 385—RATES AND TERMS FOR USE OF NONDRAMATIC MUSICAL WORKS IN THE MAKING AND DISTRIBUTING OF PHYSICAL AND DIGITAL PHONORECORDS
Subpart D—Promotional and Free-to-the-User Offerings


§385.31   Royalty rates.

(a) Promotional Offerings. For Promotional Offerings of audio-only Eligible Interactive Streaming and Eligible Limited Downloads of sound recordings embodying musical works that the Sound Recording Company authorizes royalty-free to the Service Provider, the royalty rate is zero.

(b) Free Trial Offerings. For Free Trial Offerings for which the Service Provider receives no monetary consideration, the royalty rate is zero.

(c) Certain Purchased Content Locker Services. For every Purchased Content Locker Service for which the Service Provider receives no monetary consideration, the royalty rate is zero.

(d) Unauthorized use. If a Copyright Owner or agent of the Copyright Owner sends written notice to a Licensee stating in good faith that a particular Offering subject to this subpart differs in a material manner from the terms governing that Offering, the Licensee must within 5 business days cease Streaming or otherwise making available that Copyright Owner's musical works and shall withdraw from the identified Offering any End User's access to the subject musical work.

[84 FR 2031, Feb. 5, 2019, as amended at 84 FR 32317, July 8, 2019]