C.F.R. » Title 37 » CHAPTER III—COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS › SUBCHAPTER E—RATES AND TERMS FOR STATUTORY LICENSES › PART 382—RATES AND TERMS FOR TRANSMISSIONS OF SOUND RECORDINGS BY PREEXISTING SUBSCRIPTION SERVICES AND PREEXISTING SATELLITE DIGITAL AUDIO RADIO SERVICES AND FOR THE MAKING OF EPHEMERAL REPRODUCTIONS TO FACILITATE THOSE TRANSMISSIONS › Subpart C—Preexisting Satellite Digital Audio R…

37 C.F.R. § 382.21

Royalty fees for the public performance of sound recordings and the making of ephemeral recordings by SDARS

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(a) Royalty fees. Commencing January 1, 2018, and continuing through December 31, 2027, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the rate of 15.5% of Gross Revenues.

(b) Ephemeral recordings royalty fees. (1) The fee for all Ephemeral Recordings is part of the total fee payable under this section and constitutes 5% of it. All Ephemeral Recordings that a Licensee makes that are necessary and commercially reasonable for making noninteractive Digital Audio Transmissions as an SDARS are included in the 5%.

(2) The minimum fee is $5,000 per year.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: SoundExchange, Inc. v. Sirius XM Radio Inc. (E.D. Va. 2024).
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SoundExchange, Inc. v. Sirius XM Radio Inc. (E.D. Va. 2024). “Accordingly, SoundExchange has sued Sirius XM, accusing it of underpaying royalty amounts in violation of 37 C.F.R. § 382.21 (a) and 17 U.S.C. § 114 (H(1)(B).”
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