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Title 37 Part 385 → Subpart B

Title 37 → Chapter III → Subchapter E → Part 385 → Subpart B

Electronic Code of Federal Regulations e-CFR

Title 37 Part 385 → Subpart B

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

Title 37Chapter IIISubchapter EPart 385 → Subpart B


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 B—Physical Phonorecord Deliveries, Permanent Downloads, Ringtones, and Music Bundles


Contents
§385.10   Scope.
§385.11   Royalty rates.

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§385.10   Scope.

This subpart establishes rates and terms of royalty payments for making and distributing phonorecords, including by means of Digital Phonorecord Deliveries, in accordance with the provisions of 17 U.S.C. 115.

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§385.11   Royalty rates.

(a) Physical phonorecord deliveries and Permanent Downloads. For every physical phonorecord and Permanent Download the Licensee makes and distributes or authorizes to be made and distributed, the royalty rate payable for each work embodied in the phonorecord or Permanent Download shall be either 9.1 cents or 1.75 cents per minute of playing time or fraction thereof, whichever amount is larger.

(b) Ringtones. For every Ringtone the Licensee makes and distributes or authorizes to be made and distributed, the royalty rate payable for each work embodied therein shall be 24 cents.

(c) Music Bundles. For a Music Bundle, the royalty rate for each element of the Music Bundle shall be the rate required under paragraph (a) or (b) of this section, as appropriate.

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

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