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Title 37 Part 385 → Subpart A → §385.4

Title 37 → Chapter III → Subchapter E → Part 385 → Subpart A → §385.4

Electronic Code of Federal Regulations e-CFR

Title 37 Part 385 → Subpart A → §385.4

e-CFR data is current as of February 13, 2020

Title 37Chapter IIISubchapter EPart 385Subpart A → §385.4


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 A—Regulations of General Application


§385.4   Recordkeeping for promotional or free trial non-royalty-bearing uses.

(a) General. A Licensee transmitting a sound recording embodying a musical work subject to section 115 and subparts C and D of this part and claiming a Promotional or Free Trial zero royalty rate shall keep complete and accurate contemporaneous written records of making or authorizing Eligible Interactive Streams or Eligible Limited Downloads, including the sound recordings and musical works involved, the artists, the release dates of the sound recordings, a brief statement of the promotional activities authorized, the identity of the Offering or Offerings for which the zero-rate is authorized (including the internet address if applicable), and the beginning and end date of each zero rate Offering.

(b) Retention of records. A Service Provider claiming zero rates shall maintain the records required by this section for no less time than the Service Provider maintains records of royalty-bearing uses involving the same types of Offerings in the ordinary course of business, but in no event for fewer than five years from the conclusion of the zero rate Offerings to which they pertain.

(c) Availability of records. If a Copyright Owner or agent requests information concerning zero rate Offerings, the Licensee shall respond to the request within an agreed, reasonable time.

[84 FR 2031, Feb. 5, 2019, as amended at 84 FR 32316, July 8, 2019]