PART 370—NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY LICENSES Authority: 17 U.S.C. 112(e)(4), 114(f)(3)(A). Source: 74 FR 52423, Oct. 13, 2009, unless otherwise noted. § 370.1 General definitions. For purposes of this part, the following definitions apply: Business Establishment Service Collective Copyright Owners New Subscription Service Nonsubscription Transmission Service Notice of Use of Sound Recordings Under Statutory License Preexisting Satellite Digital Audio Radio Service Preexisting Subscription Service Report of Use Service [74 FR 52423, Oct. 13, 2009, as amended at 84 FR 32312, July 8, 2019] § 370.2 Notice of use of sound recordings under statutory license. (a) General. (b) Forms and content. (1) The full legal name of the Service that is either commencing digital transmissions of sound recordings or making ephemeral phonorecords of sound recordings under statutory license or doing both. (2) The full address, including a specific number and street name or rural route, of the place of business of the Service. A post office box or similar designation will not be sufficient except where it is the only address that can be used in that geographic location. (3) The telephone number and facsimile number of the Service. (4) Information on how to gain access to the online Web site or homepage of the Service, or where information may be posted under this section concerning the use of sound recordings under statutory license. (5) Identification of each license under which the Service intends to operate, including identification of each of the following categories under which the Service will be making digital transmissions of sound recordings: Preexisting subscription service, preexisting satellite digital audio radio service, nonsubscription transmission service, new subscription service or business establishment service. (6) The date or expected date of the initial digital transmission of a sound recording to be made under the section 114 statutory license and/or the date or the expected date of the initial use of the section 112(e) license for the purpose of making ephemeral phonorecords of the sound recordings. (7) Identification of any amendments required by paragraph (e) of this section. (c) Signature. (d) Filing notices; fees. (e) Amendment. [74 FR 52423, Oct. 13, 2009, as amended at 86 FR 32643, June 22, 2021] § 370.3 Reports of use of sound recordings under statutory license for preexisting subscription services. (a) General. (b) Delivery. (c) Posting. (1) Information relating to identity, location and status as a sound recording copyright owner; and (2) A “click-wrap” agreement not to use information in the Report of Use for purposes other than royalty collection, royalty distribution, and determining compliance with statutory license requirements, without the express consent of the preexisting subscription service providing the Report of Use. (d) Content. (1) The name of the preexisting subscription service or entity; (2) The channel; (3) The sound recording title; (4) The featured recording artist, group, or orchestra; (5) The retail album title (or, in the case of compilation albums created for commercial purposes, the name of the retail album identified by the preexisting subscription service for purchase of the sound recording); (6) The marketing label of the commercially available album or other product on which the sound recording is found; (7) The catalog number; (8) The International Standard Recording Code (ISRC) embedded in the sound recording, where available and feasible; (9) Where available, the copyright owner information provided in the copyright notice on the retail album or other product (e.g., following the symbol (P), that is the letter P in a circle) or, in the case of compilation albums created for commercial purposes, in the copyright notice for the individual sound recording; (10) The date of transmission; and (11) The time of transmission. (e) Signature. (f) Format. (1) ASCII delimited format, using pipe characters as delimiter, with no headers or footers; (2) Carats should surround strings; (3) No carats should surround dates and numbers; (4) Dates should be indicated by: YYYY/MM/DD; (5) Times should be based on a 24-hour clock: HH:MM:SS; (6) A carriage return should be at the end of each line; and (7) All data for one record should be on a single line. (g) Confidentiality. (h) Documentation. (i) In any case in which a preexisting subscription service has not provided a report of use required under this section for use of sound recordings under section 112(e) or section 114 of title 17 of the United States Code, or both, prior to January 1, 2019, reports of use for the corresponding calendar year filed by other preexisting subscription services may serve as the reports of use for the non-reporting service, solely for purposes of distribution of any corresponding royalties by the Collective. [74 FR 52423, Oct. 13, 2009, as amended at 76 FR 45696, Aug. 1, 2011; 86 FR 32643, June 22, 2021; 87 FR 39001, June 30, 2022] § 370.4 Reports of use of sound recordings under statutory license for nonsubscription transmission services, preexisting satellite digital audio radio services, new subscription services and business establishment services. (a) General. (b) Definitions. Aggregate Tuning Hours AM/FM Webcast Broadcaster (i) Has a substantial business owning and operating one or more terrestrial AM or FM radio stations that are licensed as such by the Federal Communications Commission; (ii) Has obtained a compulsory license under 17 U.S.C. 112(e) and 114 and the implementing regulations therefor to make Eligible Transmissions and related ephemeral recordings; (iii) Complies with all applicable provisions of Sections 112(e) and 114 and applicable regulations; and (iv) Is not a noncommercial webcaster as defined in 17 U.S.C. 114(f)(5)(E)(i). Eligible Minimum Fee Webcaster (i) Is a licensee that owns and operates a terrestrial AM or FM radio station that is licensed by the Federal Communications Commission; or (ii) Is directly operated by, or affiliated with and officially sanctioned by, a domestically accredited primary or secondary school, college, university, or other post-secondary degree-granting institution; and (A) The digital audio transmission operations of which are, during the course of the year, staffed substantially by students enrolled in such institution; (B) Is exempt from taxation under section 501 of the Internal Revenue Code, has applied for such exemption, or is operated by a State or possession or any governmental entity or subordinate thereof, or by the United States or District of Columbia, for exclusively public purposes; and (C) Is not a “public broadcasting entity” (as defined in 17 U.S.C. 118(f)) qualified to receive funding from the Corporation for Public Broadcasting pursuant to the criteria set forth in 47 U.S.C. 396. Performance (i) A performance of a sound recording that does not require a license (e.g., the sound recording is not subject to protection under title 17, United States Code); (ii) A performance of a sound recording for which the service has previously obtained a license from the Copyright Owner of such sound recording; and (iii) An incidental performance that both: (A) Makes no more than incidental use of sound recordings including, but not limited to, brief musical transitions in and out of commercials or program segments, brief performances during news, talk and sports programming, brief background performances during disk jockey announcements, brief performances during commercials of sixty seconds or less in duration, or brief performances during sporting or other public events; and (B) Other than ambient music that is background at a public event, does not contain an entire sound recording and does not feature a particular sound recording of more than thirty seconds (as in the case of a sound recording used as a theme song). Play frequency (c) Delivery. (d) Report of Use. Separate reports not required. (2) Content. (i) The name of the nonsubscription transmission service, preexisting satellite digital audio radio service, new subscription service or business establishment service making the transmissions, including the name of the entity filing the Report of Use, if different; (ii) The category transmission code for the category of transmission operated by the nonsubscription transmission service, preexisting satellite digital audio radio service, new subscription service or business establishment service: (A) For eligible nonsubscription transmissions other than broadcast simulcasts and transmissions of non-music programming; (B) For eligible nonsubscription transmissions of broadcast simulcast programming not reasonably classified as news, talk, sports or business programming; (C) For eligible nonsubscription transmissions of non-music programming reasonably classified as news, talk, sports or business programming; (D)-(G) [Reserved] (H) For transmissions other than broadcast simulcasts and transmissions of non-music programming made by an eligible new subscription service; (I) For transmissions of broadcast simulcast programming not reasonably classified as news, talk, sports or business programming made by an eligible new subscription service; (J) For transmissions of non-music programming reasonably classified as news, talk, sports or business programming made by an eligible new subscription service; and (K) For eligible transmissions by a business establishment service making ephemeral recordings; (iii) The featured artist; (iv) The sound recording title; (v) The International Standard Recording Code (ISRC) or, alternatively to the ISRC, the: (A) Album title; and (B) Marketing label; (vi) For a nonsubscription transmission service except those qualifying as eligible minimum fee webcasters: The actual total performances of the sound recording during the reporting period. (vii) For a preexisting satellite digital audio radio service, a new subscription service, a business establishment service or a nonsubscription service qualifying as an eligible minimum fee webcaster: The actual total performances of the sound recording during the reporting period or, alternatively, the (A) Aggregate Tuning Hours; (B) Channel or program name; and (C) Play frequency. (3) Reporting period. (i) For each calendar month of the year by all services other than a nonsubscription service qualifying as an eligible minimum fee webcaster; or (ii) For a two-week period (two periods of 7 consecutive days) for each calendar quarter of the year by a nonsubscription service qualifying as an eligible minimum fee webcaster and the two-week period need not consist of consecutive weeks, but both weeks must be completely within the calendar quarter. (4) Signature. (5) Confidentiality. (6) Documentation. (e) Format and delivery. Electronic format only. (2) ASCII text file delivery; facilitation by provision of spreadsheet templates. (3) Delivery mechanism. (i) A service delivering a report of use via FTP must obtain a username, password and delivery instructions from SoundExchange. SoundExchange shall maintain on a publicly available portion of its Web site instructions for applying for a username, password and delivery instructions. SoundExchange shall have 15 days from date of request to respond with a username, password and delivery instructions. (ii) A service delivering a report of use via e-mail shall append the report as an attachment to the e-mail. The main body of the e-mail shall identify: (A) The full name and address of the service; (B) The contact person's name, telephone number and e-mail address; (C) The start and end date of the reporting period; (D) The number of rows in the data file. If the report of use is a file using headers, counting of the rows should begin with row 15. If the report of use is a file without headers, counting of the rows should begin with row 1; and (E) The name of the file attached. (iii) A service delivering a report of use via CD-ROM must compress the reporting data to fit onto a single CD-ROM per reporting period. Each CD-ROM shall be submitted with a cover letter identifying: (A) The full name and address of the service; (B) The contact person's name, telephone number and e-mail address; (C) The start and end date of the reporting period; (D) The number of rows in the data file. If the report of use is a file using headers, counting of the rows should begin with row 15. If the report of use is a file without headers, counting of the rows should begin with row 1; and (E) The name of the file attached. (4) Delivery address. [email protected]. (5) File naming. Example: (6) File type and compression. (ii) A report of use must be compressed in one of the following zipped formats: (A) .zip—generated using utilities such as WinZip and/or UNIX zip command; (B) .Z—generated using UNIX compress command; or (C) .gz—generated using UNIX gzip command. (iii) Zipped files shall be named in the same fashion as described in paragraph (e)(5) of this section, except that such zipped files shall use the applicable file extension compression name described in this paragraph (e)(6). (7) Files with headers. (A) Name of service; (B) Name of contact person; (C) Street address of the service; (D) City, state and zip code of the service; (E) Telephone number of the contact person; (F) E-mail address of the contact person; (G) Start of the reporting period (YYYYMMDD); (H) End of the reporting period (YYYYMMDD); (I) Report generation date (YYYYMMDD); (J) Number of rows in data file, beginning with 15th row; (K) Text indicator character; (L) Field delimiter character; (M) Blank line; and (N) Report headers (Featured Artist, Sound Recording Title, etc.). (ii) Each of the rows described in paragraphs (e)(7)(i)(A) through (F) of this section must not exceed 255 alphanumeric characters. Each of the rows described in paragraphs (e)(7)(i)(G) through (I) of this section should not exceed eight alphanumeric characters. (iii) Data text fields, as required by paragraph (d) of this section, begin on row 15 of a report of use with headers. A carriage return must be at the end of each row thereafter. Abbreviations within data fields are not permitted. (iv) The text indicator character must be unique and must never be found in the report's data content. (v) The field delimiter character must be unique and must never be found in the report's data content. Delimiters must be used even when certain elements are not being reported; in such case, the service must denote the blank data field with a delimiter in the order in which it would have appeared. (8) Files without headers. (i) ASCII delimited format, using pipe (|) characters as delimiters, with no headers or footers; (ii) Carats (^) should surround strings; (iii) No carats (^) should surround dates and numbers; (iv) A carriage return must be at the end of each line; (v) All data for one record must be on a single line; and (vi) Abbreviations within data fields are not permitted. (f) In any case in which a nonsubscription transmission service, preexisting satellite digital audio radio service, new subscription service, or business establishment service has not provided a report of use required under this section for use of sound recordings under section 112(e) or section 114 of title 17 of the United States Code, or both, prior to January 1, 2019, reports of use for the corresponding calendar year filed by other services of the same type may serve as the reports of use for the non-reporting service, solely for purposes of distribution of any corresponding royalties by the Collective. [74 FR 52423, Oct. 13, 2009, as amended at 76 FR 45696, Aug. 1, 2011; 81 FR 31510, May 19, 2016; 81 FR 40190, June 21, 2016; 81 FR 89868, Dec. 13, 2016; 84 FR 32312, July 8, 2019; 86 FR 32643, June 22, 2021; 87 FR 39001, June 30, 2022] § 370.5 Designated collection and distribution organizations for reports of use of sound recordings under statutory license. (a) General. (b) Notice of Designation as Collective under Statutory License. (1) The Collective name, address, telephone number and facsimile number; (2) A statement that the Collective has been designated for collection and distribution of performance royalties under statutory license for digital transmission of sound recordings; and (3) Information on how to gain access to the online Web site or home page of the Collective, where information may be posted under this part concerning the use of sound recordings under statutory license. The address of the Licensing Section is: Library of Congress, Copyright Office, Licensing Section, 101 Independence Avenue, SE., Washington, DC 20557-6400. (c) Annual Report. (d) Inspection of Reports of Use by copyright owners. (e) Confidentiality. (f) Termination and dissolution. [74 FR 52423, Oct. 13, 2009, as amended at 86 FR 32643, June 22, 2021]