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Code of Federal Regulations (Last Updated: November 8, 2024) |
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Title 37 - Patents, Trademarks, and Copyrights |
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Chapter III - Copyright Royalty Board, Library of Congress |
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SubChapter E - Rates and Terms for Statutory Licenses |
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Part 385 - Rates and Terms for Use of Musical Works Under Compulsory License for Making and Distributing of Physical and Digital Phonorecords |
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Subpart D - Promotional and Free-to-the-User Offerings |
§ 385.31 - Royalty rates.
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§ 385.31 Royalty rates.
(a) Promotional Offerings. For Promotional Offerings of audio-only Eligible Interactive Streaming Streams 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]