Copyright Royalty Board News, Issue 126

Library of Congress sent this bulletin at 09/28/2015 06:10 PM EDT

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September 28, 2015

Issue 126

COPYRIGHT ROYALTY JUDGES ANNOUNCE CERTAIN NEGOTIATED RATES AND TERMS FOR DIGITAL PERFORMANCE RIGHT IN SOUND RECORDINGS AND EPHEMERAL RECORDINGS (80 FR 58201)

The Copyright Royalty Judges have published final regulations setting royalty rates and terms under sections 112 and 114 of the Copyright Act for the digital performance of sound recordings by certain noncommercial educational webcasters and for the making of ephemeral recordings to facilitate transmission of those performances. The rates reflect a settlement between SoundExchange, Inc., and College Broadcasters, Inc. These negotiated rates apply to the period from January 1, 2016, through December 31, 2020. For more information, go to www.loc.gov/crb/fedreg/2015/80FR58201.pdf.

REGISTER OF COPYRIGHTS ISSUES OPINION ON NOVEL QUESTION OF LAW RELATING TO WEBCASTER RATES (80 FR 58300)

During the proceeding to set royalty rates and terms for webcasters’ ephemeral reproduction and public performance of sound recordings, the Copyright Royalty Judges identified a novel material question of substantive law (regarding evidence of settlement agreement provisions). Under the Copyright Act, the Judges must refer such questions to the Register of Copyrights for resolution. Read the Register’s memorandum opinion on the identified issue www.loc.gov/crb/fedreg/2015/80FR58300.pdf.

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*CALENDAR*

January 1, 2016: Effective date for rates for digital performance of sound recordings by new subscription services for period from January 1, 2016, through December 31, 2020 (80 FR 36927).

January 1, 2016: Effective date for rates for digital performance of sound recordings by certain noncommercial educational webcasters for period from January 1, 2016, through December 31, 2020 (80 FR 58201).

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