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Notice and Recordkeeping Requirements for Digital Transmissions |
Notice and Recordkeeping Requirements for Digital Transmissions of Sound Recordings under Statutory License
The Digital Performance Right in Sound Recordings Act of 1995, Public Law No. 104-39, gave to sound recording copyright owners an exclusive, albeit limited right to perform their works publicly by means of certain digital audio transmission. 17 U.S.C. § 106(6). Among the limitations on the performance was the creation of a new statutory license for nonexempt, noninteractive, digital subscription transmissions. 17 U.S.C. § 114(d)(2).
On October 28, 1998, President Clinton signed into law the Digital Millennium Copyright Act (DMCA), Pub. L. No. 105-304. The DMCA expanded the statutory license in section 114 to include certain eligible nonsubscription transmissions, including some so-called "webcasting" activities. Among other requirements, the transmission services choosing to make use of the statutory license must comply with the regulations under which copyright owners shall receive reasonable notice of the use of their sound recordings under the statutory license, and under which entities performing the sound recordings shall keep and make available records of such use.
On June 24, 1998, the Copyright Office announced interim regulations pertaining to the notice and recordkeeping requirements. 63 FR 34289 (June 24, 1998). On August 4, 1999, the Office proposed an amendment to these regulations which would extend the date for filing initial notices to October 15, 1999. 64 FR 42316. The amendment will allow those services that may utilize the license under the expanded section 114 license an opportunity to file a timely initial notice. The Office has further amended the interim regulations to state that a suggested format for the Initial Notice will be posted on the Office's website. 64 FR 49671 (September 14, 1999).
In accordance with these regulations, a "Service" engaged in the digital transmission of sound recordings pursuant to section 114(f) shall file with the Licensing Division of the Copyright Office an Initial Notice of Digital Transmission of Sound Recordings under Statutory License. 37 C.F.R. § 201.35.
Services filing the Initial Notice are encouraged to use the Office's suggested format (PDF format).
The regulations impose a similar requirement on a "Collective" that is designated under the statutory license, either by settlement agreement reached under section 114(f)(1) or section 114(f)(4)(A) and adopted pursuant to 37 C.F.R. § 251.63(b), or by a decision of a Copyright Arbitration Royalty Panel (CARP) under section 114(f)(2) or section 114(f)(4)(B), or by an order of the Librarian pursuant to 17 U.S.C. § 802(f). Such a Collective shall file with the Licensing Division of the Copyright Office a Notice of Designation as Collective under Statutory License. 37 C.F.R. § 201.37.
A list consisting of the names of each service and each collective which has filed an Initial Notice and Notice of Designation with the Copyright Office is posted on the Copyright Office's website. The Office will post a copy of the initial notice after the Licensing Division has completed its review of the document.
- Interim Regulations on Notice and Recordkeeping for Digital Subscription Transmissions 63 FR 34289 (June 24, 1998) Version: Text
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01-Oct-2003