C.F.R. » Title 37 » CHAPTER III—COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS › SUBCHAPTER E—RATES AND TERMS FOR STATUTORY LICENSES › 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

37 C.F.R. § 385.1

General

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(a) Scope. This part establishes rates and terms of royalty payments for the use of nondramatic musical works in making and distributing of physical and digital phonorecords in accordance with the provisions of 17 U.S.C. 115. This subpart contains regulations of general application to the making and distributing of phonorecords subject to the section 115 license.

(b) Legal compliance. Licensees relying on the compulsory license detailed in 17 U.S.C. 115 shall comply with the requirements of that section, the rates and terms of this part, and any other applicable regulations. This part describes rates and terms for the compulsory license only.

(c) Interpretation. This part is intended only to set rates and terms for situations in which the exclusive rights of a Copyright Owner are implicated and a compulsory license pursuant to 17 U.S.C. 115 is obtained. Neither this part nor the act of obtaining a license under 17 U.S.C. 115 is intended to express or imply any conclusion as to the circumstances in which a user must obtain a compulsory license pursuant to 17 U.S.C. 115.

(d) Relationship to voluntary agreements. The rates and terms of any license agreements entered into by Copyright Owners and Licensees relating to use of musical works within the scope of those license agreements shall apply in lieu of the rates and terms of this part.

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Yesh Music, LLC v. Amazon.com, Inc., 249 F. Supp. 3d 645 (E.D.N.Y 2017).
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Yesh Music, LLC v. Amazon.com, Inc., 249 F. Supp. 3d 645 (E.D.N.Y 2017). “§ 115 ; 37 C.F.R. § 385.1 . Once a copyright owner distributes the musical work “to the public,” the compulsory license provision of § 115 is triggered, and anyone may obtain a compulsory license in the musical work by serving an NOI on the copyright owner within the applicable…”
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