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INTELLECTUAL PROPERTY RIGHTS

NATIONAL LEGISLATION - USA

Copyright Laws and Regulations

Regulations: Title 37, Chapters I (Subchapter C) and II, Code of Federal
Regulations


(Continuation)

37 C.F.R. � 253.7   Recording rights, rates and terms.�

���     (a) Scope. This section establishes rates and terms for the recording of nondramatic performances and displays of musical works, other than compositions subject to voluntary license agreements, or compositions represented by the Harry Fox Agency, Inc., SESAC, and/or the National Music Publishers Association and which are licensed on terms and conditions established by a duly empowered Copyright Arbitration Royalty Panel pursuant to the procedures set forth in this subchapter, on and for the radio and television programs of public broadcasting entities, whether or not in synchronization or timed relationship with the visual or aural content, and for the making, reproduction, and distribution of copies and phonorecords of public broadcasting programs containing such nondramatic performances and displays of musical works solely for the purpose of transmission by public broadcasting entities. The rates and terms established in this schedule include the making of the reproductions described in 17 U.S.C. 118(d)(3). �

���     (b) Royalty rate.�����������

        (1)������

        (i) For uses described in paragraph (a) of this section of a musical work in a PBS-distributed program, the royalty fees shall be calculated by multiplying the following per-composition rates by the number of different compositions in that PBS-distributed program:�

______________________________________________________________________________

1998-2002

Feature $ 106.04
Concert feature (per minute) 31.84
Background 53.59
Theme:  
Single program or first series program 53.59
Other series program    21.75

______________________________________________________________________________

        (ii) For such uses other than in a PBS-distributed television program, the royalty fee shall be calculated by multiplying the following per-composition rates by the number of different compositions in that program:�

___________________________________________________________________________

1998-2002

Feature $ 8.76
Concert feature (per minute) 2.30
Background  3.81
Theme:  
Single program or first series program 3.81
Other series program 1.52

______________________________________________________________________________

        (iii) In the event the work is first recorded other than in a PBS-distributed program, and such program is subsequently distributed by PBS, an additional royalty payment shall be made equal to the difference between the rate specified in this section for other than a PBS-distributed program and the rate specified in this section for a PBS-distributed program.�

        (2) For uses licensed herein of a musical work in a NPR program, the royalty fees shall be calculated by multiplying the following per-composition rates by the number of different compositions in any NPR program distributed by NPR. For purposes of this schedule �National Public Radio� programs include all programs produced in whole or in part by NPR, or by any NPR station or organization under contract with NPR. �

______________________________________________________________________________
1998-2002
Feature $ 11.48
Concert feature (per half hour) 16.85
Background 5.75
Theme:
Single program or first series program 5.75
Other series program 2.29

_____________________________________________________________________________

        (3) For the purposes of this schedule, a �Concert Feature� shall be deemed to be the nondramatic presentation in a program of all or part of a symphony, concerto, or other serious work originally written for concert performance or the nondramatic presentation in a program of portions of a serious work originally written for opera performance. �

���     (4) For such uses other than in a NPR-produced radio program:�

______________________________________________________________________________

1998-2002

Feature .74
Feature (concert) (per half hour) 1.54
Background  .37

_____________________________________________________________________________

        (5) The schedule of fees covers broadcast use for a period of three years following the first broadcast. Succeeding broadcast use periods will require the following additional payment: second three-year period -- 50 percent; each three-year period thereafter -- 25 percent; provided that a 100 percent additional payment prior to the expiration of the first three-year period will cover broadcast use during all subsequent broadcast use periods without limitation. Such succeeding uses which are subsequent to December 31, 2002, shall be subject to the royalty rates established in this schedule. �

���     (c) Payment of royalty rates. The required royalty rates shall be paid to each known copyright owner not later than July 31 of each calendar year for uses during the first six months of that calendar year, and not later than January 31 for uses during the last six months of the preceding calendar year.�

���     (d) Records of use.���

        (1) Maintenance of cue sheets. PBS and its stations, NPR, or other television public broadcasting entities shall maintain and make available for examination pursuant to subsection (e) copies of their standard cue sheets or summaries of same listing the recording of the musical works of such copyright owners.�

        (2) Content of cue sheets or summaries. Such cue sheets or summaries shall include:�

        (i) The title, composer and author to the extent such information is reasonably obtainable. �

        (ii) The type of use and manner of performance thereof in each case. �

        (iii) For Concert Feature music, the actual recorded time period on the program, plus all distribution and broadcast information available to the public broadcasting entity.�

���     (e) Filing of use reports with the Copyright Office. Deposit of cue sheets or summaries. PBS and its stations, NPR, or other television public broadcasting entity shall deposit with the Copyright Office copies of their standard music cue sheets or summaries of same (which may be in the form of hard copy of computerized reports) listing the recording pursuant to this schedule of the musical works of copyright owners. Such cue sheets or summaries shall be deposited not later than July 31 of each calendar year for recordings during the first six months of the calendar year and not later than January 31 of each calendar year for recordings during the second six months of the preceding calendar year. PBS and NPR shall maintain at their offices copies of all standard music cue sheets from which such music use reports are prepared. Such music cue sheets shall be furnished to the Copyright Office upon its request and also shall be available during regular business hours at the offices of PBS or NPR for examination by a copyright owner who believes a musical composition of such owner has been recorded pursuant to this schedule.�

[57 FR 60954, Dec. 22, 1993; 58 FR 7051, Feb. 4, 1993; 58 FR 8820, Feb. 17, 1993; 58 FR 67691, Dec. 22, 1993; redesignated at 59 FR 23993, May 9, 1994; 63 FR 2142, 2145, Jan. 14, 1998; 63 FR 30634, 30635, 30636, June 5, 1998]�

37 C.F.R. � 253.8   Terms and rates of royalty payments for the use of published pictorial, graphic, and sculptural works.

���     (a) Scope. This section establishes rates and terms for the use of published pictorial, graphic, and sculptural works by public broadcasting entities for the activities described in 17 U.S.C. 118. The rates and terms established in this schedule include the making of the reproductions described in 17 U.S.C. 118(d)(3).�

���     (b) Royalty rate.��������������

        (1) The following schedule of rates shall apply to the use of works within the scope of this section:�

���     (i) For such uses in a PBS-distributed program:�

���     (A) For a featured display of a work.�

������ 1998-2002 $64.78�

���     (B) For background and montage display.�

������ 1998-2002 $31.59�

���     (C) For use of a work for program identification or for thematic use. �

������ 1998-2002 $127.71�

���     (D) For the display of an art reproduction copyrighted separately from the work of fine art from which the work was reproduced, irrespective of whether the reproduced work of fine art is copyrighted so as to be subject also to payment of a display fee under the terms of the schedule.�

������ 1998-2002 $41.95�

���     (ii) For such uses in other than PBS-distributed programs: �

���     (A) For featured display of a work.�

������ 1998-2002 $41.95�

���     (B) For background and montage display.

������ 1998-2002 $21.51�

���     (C) For use of a work for program identification or for thematic use. �

������ 1998-2002 $85.76�

        (D) For the display of an art reproduction copyrighted separately from the work of fine art from which the work was reproduced, irrespective of whether the semin reproduced work of fine art is copyrighted so as to be subject also to payment of a display fee under the terms of this schedule.�

������ 1998-2002 $21.51�

        For the purposes of this schedule the rate for the thematic use of a work in an entire series shall be double the single program theme rate. In the event the work is first used other than in a PBS-distributed program, and such program is subsequently distributed by PBS, an additional royalty payment shall be made equal to the difference between the rate specified in this section for other than a PBS-distributed program and the rate specified in this section for a PBS distributed program.�

        (2) �Featured display� for purposes of this schedule means a full-screen or substantially full-screen display appearing on the screen for more than three seconds. Any display less than full-screen or substantially full-screen, or full-screen for three seconds or less, is deemed to be a �background or montage display�.�

        (3) �Thematic use� is the utilization of the works of one or more artists where the works constitute the central theme of the program or convey a story line.�

        (4) �Display of an art reproduction copyrighted separately from the work of fine art from which the work was reproduced� means a transparency or other reproduction of an underlying work of fine art. �

���     (c) Payment of royalty rate. PBS or other public broadcasting entity shall pay the required royalty fees to each copyright owner not later than July 31 of each calendar year for uses during the first six months of that calendar year, and not later than January 31 for uses during the last six months of the preceding calendar year.�

���     (d) Records of use.������������

        (1) PBS and its stations or other public broadcasting entity shall maintain and furnish either to copyright owners, or to the offices of generally recognized organizations representing the copyright owners of pictorial, graphic and sculptural works, copies of their standard lists containing the pictorial, graphic, and sculptural works displayed on their programs. Such notice shall include the name of the copyright owner, if known, the specific source from which the work was taken, a description of the work used, the title of the program on which the work was used, and the date of the original broadcast of the program.�

        (2) Such listings shall be furnished not later than July 31 of each calendar year for displays during the first six months of the calendar year, and not later than January 31 of each calendar year for displays during the second six months of the preceding calendar year.

���     (e) Filing of use reports with the Copyright Office. ������������

        (1) PBS and its stations or other public broadcasting entity shall deposit with the Copyright Office copies of their standard lists containing the pictorial, graphic, and sculptural works displayed on their programs. Such notice shall include the name of the copyright owner, if known, the specific source from which the work was taken, a description of the work used, the title of the program on which the work was used, and the date of the original broadcast of the program.�

        (2) Such listings shall be furnished not later than July 31 of each calendar year for displays during the first six months of the calendar year, and not later than January 31 of each calendar year for displays during the second six months of the preceding calendar year. �

���     (f) Terms of use.������������

        (1) The rates of this schedule are for unlimited broadcast use for a period of three years from the date of the first broadcast use of the work under this schedule. Succeeding broadcast use periods will require the following additional payment: Second three-year period -- 50 percent; each three-year period thereafter -- 25 percent; provided that a 100 percent additional payment prior to the expiration of the first three-year period will cover broadcast use during all subsequent broadcast use periods without limitation. Such succeeding uses which are subsequent to December 31, 2002, shall be subject to the rates established in this schedule. �

        (2) Pursuant to the provisions of 17 U.S.C. 118 (f), nothing in this schedule shall be construed to permit, beyond the limits of fair use as provided in 17 U.S.C. 107, the production of a transmission program drawn to any substantial extent from a published compilation of pictorial, graphic, or sculptural works.�

[58 FR 60954, Dec. 22, 1992; 58 FR 7051, Feb. 4, 1993; redesignated at 59 FR 23993, May 9, 1994; 63 FR 2142, 2145, Jan. 14, 1998]�

37 C.F.R. � 253.9   Unknown copyright owners.�

        If PBS and its stations, NPR and its stations, or other public broadcasting entity is not aware of the identity of, or unable to locate, a copyright owner who is entitled to receive a royalty payment under this part, they shall retain the required fee in a segregated trust account for a period of three years from the date of the required payment. No claim to such royalty fees shall be valid after the expiration of the three year period. Public broadcasting entities may establish a joint trust fund for the purposes of this section. Public broadcasting entities shall make available to the Copyright Office, upon request, information concerning fees deposited in trust funds. �

[57 FR 60954, Dec. 22, 1992; redesignated at 59 FR 23993, May 9, 1994]�

37 C.F.R. � 253.10   Cost of living adjustment.�

���     (a) On December 1, 1998, the Librarian of Congress shall publish in the Federal Register a notice of the change in the cost of living as determined by the Consumer Price Index (all consumers, all items) during the period from the most recent Index published prior to December 1, 1997, to the most recent Index published prior to December 1, 1998. On each December 1 thereafter the Librarian of Congress shall publish a notice of the change in the cost of living during the period from the most recent index published prior to the previous notice, to the most recent Index published prior to December 1, of that year.�

���     (b) On the same date of the notices published pursuant to paragraph (a) of this section, the Librarian of Congress shall publish in the Federal Register a revised schedule of rates for � 253.5 which shall adjust those royalty amounts established in dollar amounts according to the change in the cost of living determined as provided in paragraph (a) of this section. Such royalty rates shall be fixed at the nearest dollar. �

���     (c) The adjusted schedule of rates for � 253.5 shall become effective thirty days after publication in the Federal Register. �

[57 FR 60954, Dec. 22, 1992; redesignated at 59 FR 23993, May 9, 1994; 59 FR 63042, Dec. 7, 1994; 63 FR 2142, 2145, Jan. 14, 1998]�

37 C.F.R. � 253.11   Notice of restrictions on use of reproductions of transmission programs.�

        Any public broadcasting entity which, pursuant to 17 U.S.C. 118, supplies a reproduction of a transmission program to governmental bodies or nonprofit institutions shall include with each copy of the reproduction a warning notice stating in substance that the reproductions may be used for a period of not more than seven days from the specified date of transmission, that the reproductions must be destroyed by the user before or at the end of such period, and that a failure to fully comply with these terms shall subject the body or institution to the remedies for infringement of copyright. �

[57 FR 60954, Dec. 22, 1992; redesignated at 59 FR 23993, May 5, 1994]�

37 C.F.R. � 254.1   General. �

���         This part 254 establishes the complusory license fees for coin-operated phonorecord players beginning on January 1, 1982, in accordance with the provisions of 17 U.S.C. 116. �

[45 FR 890, Jan. 5, 1981; redesignated and amended at 59 FR 23993, May 9, 1994] �

37 C.F.R. � 254.2   Definition of coin-operated phonorecord player. 

        As used in this part, the term coin-operated phonorecord player is a machine or device that:�

        (a) Is employed solely for the performance of nondramatic musical works by means of phonorecords upon being activated by insertion of coins, currency, tokens, or other monetary units or their equivalent; �

���     (b) Is located in an establishment making no direct or indirect charge for admission;�

���     (c) Is accompanied by a list of the titles of all the musical works available for performance on it, which list is affixed to the phonorecord player or posted in the establishment in a prominent position where it can be readily examined by the public; and�

���     (d) Affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located.�

[45 FR 890, Jan. 5, 1981; redesignated at 59 FR 23993, May 9, 1994; 60 FR 8198, Feb. 13, 1995] �

37 C.F.R. � 254.3   Compulsory license fees for coin-operated phonorecord players.

���     (a) Commencing January 1, 1982, the annual compulsory license fee for a coin-operated phonorecord player shall be $25. �

���     (b) Commencing January 1, 1984, the annual compulsory license fee for a coin-operated phonorecord player shall be $50. �

���     (c) Commencing January 1, 1987, the annual compulsory license fee for a coin-operated phonorecord player shall be $63. �

���     (d) If performances are made available on a particular coin-operated phonorecord player for the first time after July 1 of any year, the compulsory license fee for the remainder of that year shall be one half of the annual rate of (a), (b), or (c) of this section, whichever is applicable.�

���     (e) Commencing January 1, 1990, the annual compulsory license fee for a coin-operated phonorecord player is suspended through December 31, 1999, or until such earlier or later time as the March, 1990 license agreement between AMOA and ASCAP/BMI/SESAC is terminated. �

[51 FR 27537, Aug. 1, 1986, as amended at 55 FR 28197, July 10, 1990; redesignated at 59 FR 23993, May 9, 1994]�

37 C.F.R. � 255.1   General. �

���         This part 255 adjusts the rates of royalties payable under the compulsory license for making and distributing phonorecords, including digital phonorecord deliveries, embodying nondramatic musical works, under 17 U.S.C. 115.�

[46 FR 891, Jan. 5, 1981; redesignated at 59 FR 23993, May 9, 1994; 60 FR 61655, 61657, Dec. 1, 1995]�

37 C.F.R. 255.2   Royalty payable under compulsory license.�

          With respect to each work embodied in the phonorecord, the royalty payable shall be either four cents, or three-quarters of one cent per minute of playing time or fraction thereof, whichever amount is larger, for every phonorecord made and distributed on or after July 1, 1981, subject to adjustment pursuant to � 255.3.�

[46 FR 891, Jan. 5, 1981, as amended at 46 FR 62268, Dec. 23, 1981; redesignated at 59 FR 23993, May 9, 1994]�

37 C.F.R. � 255.3   Adjustment of Royalty Rate.�

���     (a) For every phonorecord made and distributed on or after January 1, 1983, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 4.25 cents, or 0.8 cent per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (b) through (m) of this section. �

���     (b) For every phonorecord made and distributed on or after July 1, 1984, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 4.5 cents, or 0.85 cent per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (c) through (m) of this section. �

���     (c) For every phonorecord made and distributed on or after January 1, 1986, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 5.0 cents, or 0.95 cent per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (d) through (m) of this section. �

���     (d) For every phonorecord made and distributed on or after January 1, 1988, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 5.25 cents, or 1.0 cent per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (e) through (m) of this section. �

���     (e) For every phonorecord made and distributed on or after January 1, 1990, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 5.7 cents, or 1.1 cents per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (f) through (m) of this section. �

���     (f) For every phonorecord made and distributed on or after January 1, 1992, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 6.25 cents, or 1.2 cents per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (g) through (m) of this section. �

���     (g) For every phonorecord made and distributed on or after January 1, 1994, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 6.6 cents, or 1.25 cents per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (h) through (m) of this section. �

���     (h) For every phonorecord made and distributed on or after January 1, 1996, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 6.95 cents, or 1.3 cents per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (i) through (m) of this section. �

���     (i) For every phonorecord made and distributed on or after January 1, 1998, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 7.1 cents, or 1.35 cents per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (j) through (m) of this section. �

���     (j) For every phonorecord made and distributed on or after January 1, 2000, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 7.55 cents, or 1.45 cents per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (k) through (m) of this section. �

���     (k) For every phonorecord made and distributed on or after January 1, 2002, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 8.0 cents, or 1.55 cents per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraphs (l) through (m) of this section. �

���     (l) For every phonorecord made and distributed on or after January 1, 2004, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 8.5 cents, or 1.65 cents per minute of playing time or fraction thereof, whichever amount is larger, subject to further adjustment pursuant to paragraph (m) of this section. �

���     (m) For every phonorecord made and distributed on or after January 1, 2006, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 9.1 cents, or 1.75 cents per minute of playing time or fraction thereof, whichever amount is larger. �

[56 FR 56158, Nov. 1, 1991; 58 FR 58283, Nov. 1, 1993, as corrected at 58 FR 60787, Nov. 18, 1993; redesignated and amended at 59 FR 23993, May 9, 1994, as corrected at 59 FR 33201, June 28, 1994, as corrected and revised at 60 FR 8198, Feb. 13, 1995; 60 FR 34169, June 30, 1995; 60 FR 55458, 55459, Nov. 1, 1995; 63 FR 7288, 7289, Feb. 13, 1998]�

37 C.F.R. � 255.4   Definition of digital phonorecord delivery.�

        A �digital phonorecord delivery� is each individual delivery of a phonorecord by digital transmission of a sound recording which results in a specifically identifiable reproduction by or for any transmission recipient of a phonorecord of that sound recording, regardless of whether the digital transmission is also a public performance of the sound recording or any nondramatic musical work embodied therein. A digital phonorecord delivery does not result from a real-time, noninteractive subscription transmission of a sound recording where no reproduction of the sound recording or the musical work embodied therein is made from the inception of the transmission through to its receipt by the transmission recipient in order to make the sound recording audible.�

[60 FR 61655, 61657, Dec. 1, 1995]�

37 C.F.R. � 255.5   Royalty rate for digital phonorecord deliveries.�

        For every digital phonorecord delivery made on or before December 31, 1997, the royalty rate payable with respect to each work embodied in the phonorecord shall be either 6.95 cents, or 1.3 cents per minute of playing time or fraction thereof, whichever amount is larger. �

[60 FR 61655, 61657, Dec. 1, 1995]�

37 C.F.R. � 256.1   General. �

��� This part establishes adjusted terms and rates for royalty payments in accordance with the provisions of 17 U.S.C. 111 and 801(b)(2)(A), (B), (C), and (D). Upon compliance with 17 U.S.C 111 and the terms and rates of this part, a cable system entity may engage in the activities set forth in 17 U.S.C. 111.�

[47 FR 52159, Nov. 19, 1982; redesignated at 59 FR 23993, May 9, 1994, as corrected at 60 FR 8198, Feb. 13, 1995]�

37 C.F.R. � 256.2   Royalty fee for compulsory license for secondary transmission by cable systems.�

���     (a) Commencing with the first semiannual accounting period of 1985 and for each semiannual accounting period thereafter, the royalty rates established by 17 U.S.C. 111(d)(1)(B) shall be as follows: �

        (1) .893 of 1 per centum of such gross receipts for the privilege of further transmitting any nonnetwork programming of a primary transmitter in whole or in part beyond the local service area of such primary transmitter, such amount to be applied against the fee, if any, payable pursuant to paragraphs (a) (2) through (4);�

���     (2) .893 of 1 per centum of such gross receipts for the first distant signal equivalent; �

        (3) .563 of 1 per centum of such gross receipts for each of the second, third and fourth distant signal equivalents; and �

        (4) .265 of 1 per centum of such gross receipts for the fifth distant signal equivalent and each additional distant signal equivalent thereafter.�

���     (b) Commencing with the first semiannual accounting period of 1985 and for each semiannual accounting period thereafter, the gross receipts limitations established by 17 U.S.C. 111(d)(1) (C) and (D) shall be adjusted as follows:�

        (1) If the actual gross receipts paid by subscribers to a cable system for the period covered by the statement for the basic service of providing secondary transmission of primary broadcast transmitters total $146,000 or less, gross receipts of the cable system for the purpose of this paragraph shall be computed by subtracting from such actual gross receipts the amount by which $146,000 exceeds such actual gross receipts, except that in no case shall a cable system's gross receipts be reduced to less than $5,600. The royalty fee payable under this paragraph shall be 0.5 of 1 per centum regardless of the number of distant signal equivalents, if any; and �

        (2) If the acutal gross receipts paid by the subscribers to a cable system for the period covered by the statement, for the basic service of providing secondary transmissions of primary broadcast transmitters, are more than $146,000 but less than $292,000, the royalty fee payable under this paragraph shall be: (i) 0.5 of 1 per centum of any gross receipts up to $146,000 and (ii) 1 per centum of any gross receipts in excess of $146,000 but less than $ 292,000, regardless of the number of distant signal equivalents, if any.�

���     (c) Notwithstanding paragraphs (a) and (d) of this section, commencing with the first accounting period of 1983 and for each semiannual accounting period thereafter, for each distant signal equivalent or fraction thereof not represented by the carriage of:�

        (1) Any signal which was permitted (or, in the case of cable systems commencing operations after June 24, 1981, which would have been permitted) under the rules and regulations of the Federal Communications Commission in effect on June 24, 1981, or�

        (2) A signal of the same type (that is, independent, network, or non-commercial educational) substituted for such permitted signal, or�

        (3) A signal which was carried pursuant to an individual waiver of the rules and regulations of the Federal Communications Commission, as such rules were in effect on June 24, 1981; the royalty rate shall be, in lieu of the royalty rates specified in paragraphs (a) and (d) of this section, 3.75 per centum of the gross receipts of the cable systems for each distant signal equivalent; any fraction of a distant signal equivalent shall be computed at its fractional value.�

���     (d) Commencing with the first semiannual accounting period of 1990 and for each semiannual accounting period thereafter, in the case of a cable system located outside the 35-mile specified zone of a commercial VHF station that places a predicted Grade B contour, in whole or in part, over the cable system, and that is not significantly viewed or otherwise exempt from the FCC's syndicated exclusivity rules in effect on June 24, 1981, for each distant signal equivalent or fraction thereof represented by the carriage of such commercial VHF station, the royalty rate shall be, in addition to the amount specified in paragraph (a) of this section,�

���     (1) For cable systems located wholly or in part within a top 50 television market,�

���     (i) .599 per centum of such gross receipts for the first distant signal equivalent; �

        (ii) .377 per centum of such gross receipts for each of the second, third, and fourth distant signal equivalents; and �

        (iii) .178 per centum of such gross receipts for the fifth distant signal equivalent and each additional distant signal equivalent thereafter;�

���     (2) For cable systems located wholly or in part within a second 50 television market,�

���     (i) .300 per centum of such gross receipts for the first distant signal equivalent; �

        (ii) .189 per centum of such gross receipts for each of the second, third, and fourth distant signal equivalents; and

        (iii) .089 per centum of such gross receipts for the fifth distant signal equivalent and each additional distant signal equivalent thereafter;�

        (3) For purposes of this section top 50 television markets and �second 50 television markets� shall be defined as the comparable terms are defined or interpreted in accordance with 47 CFR 76.51, as effective June 24, 1981.�

[47 FR 52159, Nov. 19, 1982, as amended at 50 FR 18481, May 1, 1985; 54 FR 12619, Mar. 28, 1989; 55 FR 33613, Aug. 16, 1990; 56 FR 12122, Mar. 22, 1991; redesignated at 59 FR 23993, May 9, 1994; 63 FR 30634, 30636, June 5, 1998]�

37 C.F.R. � 257.1   General. �

���     This part prescribes the procedures under 17 U.S.C. 119(b)(4) whereby parties claiming to be entitled to compulsory license royalty fees for secondary transmissions by satellite carriers of television broadcast signals to the public for private home viewing shall file claims with the Copyright Office.�

[37 CFR 54 FR 32811, Aug. 10, 1989; redesignated and revised at 59 FR 23993, May 9, 1994] �

37 C.F.R. � 257.2   Time of filing.�

        During the month of July each year, any party claiming to be entitled to compulsory license royalty fees for secondary transmissions by satellite carriers during the previous calendar year of television broadcast signals to the public for private home viewing shall file a claim to such fees with the Copyright Office. No royalty fees shall be distributed to any party during the specified period unless such party has timely filed a claim to such fees. Claimants may file claims jointly or as a single claim. �

[54 FR 32811, Aug. 10, 1989; redesignated and revised at 59 FR 23994, May 5, 1994] �

Continuation: 37 C.F.R. � 257.3   Content of claims.