Copyright Royalty Board

Federal Government Shutdown

The federal government has been shut down. Commencing 12:01 a.m., January 20, 2018, all non-critical functions, including those assigned to the Library of Congress, are suspended.

The eCRB system is hosted in “the cloud” and will continue to operate; that is, parties may continue to search the records on eCRB and file documents relating to pending proceedings, and eCRB Customer Support will continue to be available to users. However, filed documents will not appear in the docket until CRB staff reviews and approves them. The CRB will expedite its review of filings once full government operations resume. eCRB will mark documents that are approved after the shutdown as “filed” on the date they were submitted.

January 10, 2018

Judges Issue Redacted Initial Determination of Royalty Rates and Terms for Satellite Digital Audio Radio Services (SDARS) and Preexisting Subscription Services (PSS)

The Copyright Royalty Judges today issued a Redacted (PUBLIC) Initial Determination of Royalty Rates and Terms for SDARS and PSS. The Judges have under advisement motions for rehearing, and the Initial Determination is subject to statutory review by the Register of Copyrights. Publication of a Final Determination will occur in due course after the Judges rule on the pending motions for rehearing, the Register of Copyrights completes her review, and the Librarian of Congress approves the Final Determination. The Redacted Initial Determination is available for viewing in eCRB.

December 22, 2017

The Copyright Royalty Judges announce the termination of the transition period from paper filing to electronic filing using the eCRB electronic filing and case management system. Effective January 1, 2018, all parties having the requisite technological capability must file documents electronically. The CRB will not accept paper filings except filings (1) from pro se parties technologically incapable of using eCRB and (2) documents not amenable to electronic filing as described in 37 CFR § 350.5(j).

Any entity obtaining an eCRB password consents to electronic delivery of all documents subsequent to a Petition to Participate. See 37 CFR § 350.5(g).

The Judges refer counsel and pro se parties having an interest in CRB proceedings to 37 CFR § 350.5.

December 14, 2017

Judges Announce Royalty Rates and Terms for Satellite Audio Radio Services (SDARS) and Preexisting Subscription Services (PSS)

The Copyright Royalty Judges today issued their written determination of royalty rates and terms to apply from January 1, 2018, through December 31, 2022, to transmissions of sound recordings by Satellite Audio Radio Services (SDARS) and Preexisting Subscription Services (PSS) and to the making of ephemeral recordings to facilitate those performances. The written determination is currently being reviewed by the parties to the proceeding to determine which portions, if any, contain confidential information that must be redacted from the version that will be released to the public.

The rate for Satellite Audio Radio Services (SDARS) for 2018-2022 is 15.5% of Gross Revenues, as that term is described in the accompanying SDARS regulations. The rate for Preexisting Subscription Services (PSS) for 2018-2022 is 7.5% of Gross Revenues, as that term is described for PSS. The royalty fees are aggregated for the statutory licenses under sections 112 and 114 of the Copyright Act.

The Judges also determined details relating to the rates for each type of service, such as minimum fee and administrative terms. The regulatory language codifying the terms of the Judges’ determination is available on the Copyright Royalty Board website.

September 14, 2017

Account Registration and Maintenance for eCRB Users

The CRB is in the process of uploading the complete record of active proceedings into the eCRB system. For the CRB to associate attorneys with the participants they represent in the added proceedings, attorneys must be registered in eCRB. The CRB urges any attorney or pro se party who has appeared in past proceedings and has not yet registered to do so. An attorney or pro se participant that fails to register might not receive electronic notices from eCRB regarding activity in the added proceedings.

Attorneys and other registered eCRB users must log in at least every thirty days in order to keep their accounts active so they will receive any notification of filings to which they are entitled. Users must also change their password every sixty days. Click here to register or log in.

June 15, 2017 (updated)

Judges Announce Launch of Electronic Filing System - eCRB

Today, June 15, the Copyright Royalty Judges launch an electronic filing system, eCRB.

eCRB is available for free to any member of the public wishing to follow case progress, study CRB precedent, or research copyright royalty issues for any reason. Public users need not register to browse, but they will not have access to confidential documents in each file.

We encourage all those conducting business with the CRB to explore eCRB (https://app.crb.gov/), bearing in mind that the system does not yet include any documents filed prior to the launch. Populating the dockets with viewable documents begins immediately, and the CRB will be adding content in reverse chronological order to each file.

Attorneys representing participants and pro se participants in royalty rate and distribution proceedings will need to create a user account that will be reviewed by CRB staff prior to approval. The role the CRB assigns to each registered user will determine the breadth of access to documents in each proceeding file. Claimants to statutory royalty fees, those wishing to comment on proposed regulations, and those filing cue sheets and notices of intent to audit will need to register prior to filing claims, comments, or cue sheets.

Because the eCRB system is new to all users, those who file documents with the CRB are urged to register for eCRB as soon as possible and well before any filing deadline to allow for any system glitches the CRB has been unable to anticipate.

June 13, 2017

New Regulations Regarding Procedures for Filing Cable and Satellite Claims Now in Effect

Any claimant who does not have access to the Internet, must file a paper claim. Claimants filing paper claims should contact the CRB at 202-707-7658 early in July to obtain the required claim form so they can file their claim by mail or by delivering it in accordance with CRB regulations relating to paper filings. The required printable claim forms will also be posted on the CRB website, and they will be available only during the filing period (the month of July 2017).

The CRB has recently revised its regulations regarding filing of claims (37 CFR 350.5, 360). See 82 FR 27016. All claimants should review them closely prior to preparing claims.

Because the eCRB system will be new to all users, claimants are urged to register for eCRB as soon as it launches in mid-June and file claims EARLY in July to allow for any system glitches the CRB has been unable to anticipate. The dates for filing claims are in the Copyright Act, and the Judges do not have the authority to extend the filing deadline.

June 9, 2017

New Procedures for Filing Cable and Satellite Claims

Beginning in July 2017, claimants or their authorized representatives who wish to file online claims to royalty funds for cable and satellite retransmission of broadcast television programs must register for and use the new eCRB electronic filing system. Claimants will have access to eCRB via a link on the CRB website starting in mid-June, and registration is free. Any claimant who does not have access to the Internet, must file a paper claim. Claimants filing paper claims should contact the CRB early in July to obtain the required claim form so they can file their claim by mail or by delivering it in accordance with CRB regulations relating to paper filings.

The CRB’s revised regulations regarding filing of claims (37 CFR 350.5, 360) will be published in the Federal Register on Tuesday, June 13, and available for public inspection on Monday, June 12. All claimants should review them closely prior to preparing claims.

April 20, 2017

New Regulations Regarding Form and Content of Filings and eFiling

The Copyright Royalty Judges issued new procedural regulations on April 20 that govern the form and content of filings. The changes include the addition of page limits, revised deadlines for responsive filings, and a new requirement to present proposed orders with each filed motion. The new regulations also outline rules that will apply once eCRB (the electronic filing system) is in place. Click on the Federal Register Notices tab and the Governing Laws tab for links to a detailed announcement and to the current regulations.

March 10, 2017

The Copyright Royalty Judges give notice that royalties collected during 2016 under the Audio Home Recording Act of 1992—royalties paid for the manufacture and distribution of digital audio recording devices and media (DART)—have declined dramatically, to the extent that amounts deposited are insufficient to cover the costs of managing the DART funds and subfunds and distributing royalties to claimants.

Under section 1007 of the Copyright Act, the Judges are required to determine whether fund distribution controversies exist and either distribute uncontroverted royalties or commence a distribution proceeding to resolve controversies. As of royalty year 2016, however, the DART funds and subfunds are depleted, rendering it impossible for the Judges to fulfill this directive.

Accordingly, as a matter of administrative necessity, the Judges will not entertain filings related to distribution of DART funds (to establish either a controversy or lack of controversy) until further notice. See Environmental Defense Fund, Inc. v. EPA, 636 F.2d 1267, 1282 (D.C. Cir. 1980) (recognizing that “an agency may depart from the requirements of a regulatory statute . . . to cope with the administrative impossibility of applying the commands of the substantive statute”).Current legal proceedings relating to interpretation of the DART provisions of the Copyright Act and its application to emerging technologies might result in additional royalty deposits in the future.

Parties intending to claim DART royalties for 2017 or future years, assuming DART accounts receive more royalty deposits, must continue to file timely claims in accordance with chapters 8 and 10 of the Copyright Act and the Judges’ procedural rules at 37 C.F.R. chapter III. Filing of 2017 DART claims will commence January 1, 2018, and will end February 28, 2018.

January 10, 2017

October 17, 2016

September 2, 2016

March 4, 2016

The Copyright Royalty Judges have issued their final Web IV Determination and a second amended Exhibit A containing the final regulations. The final Determination including the final regulations is available here.

December 24, 2015

The Copyright Royalty Judges have amended the regulatory language codifying the terms of their Web IV Determination. The corrections do not alter the substance of the Determination or supersede any voluntary agreements. The amended version is available here.

December 16, 2015

The Copyright Royalty Judges today issued their written determination of royalty rates and terms to apply from January 1, 2016, through December 31, 2020, to digital performance of sound recordings over the Internet by nonexempt, noninteractive transmission services (webcasters) and to the making of ephemeral recordings to facilitate those performances. The written determination is currently being reviewed by the parties to the proceeding to determine which portions, if any, contain confidential information that must be redacted from the version that will be released to the public.

The rate for commercial subscription services in 2016 is $0.0022 per-performance. The rate for commercial nonsubscription services in 2016 is $0.0017 per-performance. The rates for the period 2017 through 2020 for both subscription and nonsubscription services shall be adjusted to reflect the increases or decreases, if any, in the general price level, as measured by the Consumer Price Index applicable to that rate year, as set forth in the regulations adopted by the Judges’ determination.

The rates for noncommercial webcasters are: $500 annually for each station or channel for all webcast transmissions totaling not more than 159,140 Aggregate Tuning Hours (ATH) in a month, for each year in the rate term. In addition, if, in any month, a noncommercial webcaster makes total transmissions in excess of 159,140 ATH on any individual channel or station, the noncommercial webcaster shall pay per-performance royalty fees for the transmissions it makes on that channel or station in excess of 159,140 ATH at the rate of $0.0017 per-performance. The rates for transmissions over 159,140 ATH per month for the period 2017 through 2020 shall be adjusted to reflect the increases or decreases, if any, in the general price level, as measured by the Consumer Price Index applicable to that rate year, as set forth in the regulations adopted by this determination.

The Judges also determined details relating to the rates for each category of webcasting service, such as minimum fee and administrative terms. The regulatory language codifying the terms of the Judges’ determination is available on the Copyright Royalty Board website.

Docket No. 15–CRB–0010–CA (Adjustment of Cable Statutory License Royalty Rates)

Docket No. 14-CRB-0011 SD (2013) Distribution of the 2013 Satellite Royalty Funds

Docket No. 14-CRB-0010 CD (2013) Distribution of the 2013 Cable Royalty Funds

Docket No. 14–CRB–0006-DART (2013): Distribution of the 2013 DART Sound Recordings Fund Royalties

Docket No. 14–CRB–0008–SD (2010–2012): Distribution of the 2012 Satellite Royalty Funds. Read FR Notice requesting comments.
79 FR 59306 (October 1, 2014) Version: PDF

Docket No. 14–CRB–0007–CD (2010–2012): Distribution of the 2012 Cable Royalty Funds. Read FR Notice requesting comments.
79 FR 59306 (October 1, 2014) Version: PDF

Distribution of 2009, 2010, and 2011 Digital Audio Recording Technology Musical Works Funds. Docket No. 2013-6 CRB DD (MW) 2009-2011

Distribution of 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 and 2009 Satellite Royalty Funds. Docket No. 2012-7 CRB CD 1999-2009

Distribution of 2004, 2005, 2006, 2007, 2008 and 2009 Cable Royalty Funds. Docket No. 2012-6 CRB CD 2004-2009 (Phase II)

Distribution of the 2000, 2001, 2002, and 2003 Cable Royalty Funds, Docket No. 2008-2 CRB CD 2000-2003 (Phase II)

On August 13, 2013, the Copyright Royalty Judges issued their Initial Determination of the Phase II distribution of 2000, 2001, 2002, and 2003 cable royalties collected under Section 111 of the Copyright Act among the claimants in the Program Suppliers category and the Devotional category.

Allocation in the Program Suppliers Category
	2000	2001	2002	2003
MPAA	98.84%	99.69%	99.64%	99.77%
IPG	1.16%	0.31%	0.36%	0.23%

Allocation in the Devotional Category
	2000	2001	2002	2003
SDC	62.86%	60.92%	58.98%	60.92%
IPG	37.14%	39.08%	41.02%	39.08%

Determination of Rates and Terms for Preexisting Subscription Services and Satellite Digital Audio Radio Services, Docket No. 2011-1 CRB PSS/Satellite II

On February 14, 2013, the Copyright Royalty Judges issued their Final Determination setting rates and terms for the digital performance of sound recordings and the making of ephemeral recordings by preexisting subscription services (PSS) and preexisting satellite digital audio radio services (SDARs) under the statutory licenses set forth in Sections 112 and 114 of the Copyright Act for January 1, 2013, through December 31, 2017.

The public version of the Final Determination posted here contains the same redactions previously requested by the parties of information governed by the Protective Order in effect in this proceeding.

Determination of Rates and Terms for Business Establisments Services (Docket No. 2012-1 CRB Business Establishments II)

Docket No. RM 2011-5: Notice and Recordkeeping for Use of Sound Recordings Under Statutory License

Docket No. 2011-3 CRB Phonorecords II: Adjustment or Determination of Compulsory License Rates for Making and Distributing Phonorecords

Docket No. 2011-2 CRB NCEB II: Determination of Reasonable Rates and Terms for Noncommercial Broadcasting

Docket No. 2011-1 CRB PSS/Satellite II: Determination of Rates and Terms for Preexisting Subscription and Satellite Digital Audio Radio Services

Digital Performance in Sound Recordings and Ephemeral Recordings ( 2009-1 CRB Webcasting III)
On January 5, 2011, the Copyright Royalty Judges issued their final determination setting the rates and terms for the digital performance of sound recordings and the making of ephemeral recordings by eligible nonsubscription transmission services and transmissions made by a new subscription service for the period beginning January 1, 2011, and ending on December 31, 2015.

Current Developments

Federal Government Shutdown

January 10, 2018

Judges Issue Redacted Initial Determination of Royalty Rates and Terms for Satellite Digital Audio Radio Services (SDARS) and Preexisting Subscription Services (PSS)

December 22, 2017