PART 381—USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING Authority: 17 U.S.C. 118, 801(b)(1) and 803. Source: 72 FR 67647, Nov. 30, 2007, unless otherwise noted. § 381.1 General. This part establishes terms and rates of royalty payments for certain activities using published nondramatic musical works and published pictorial, graphic and sculptural works during a period beginning on January 1, 2023, and ending on December 31, 2027. Upon compliance with 17 U.S.C. 118, and the terms and rates of this part, a public broadcasting entity may engage in the activities with respect to such works set forth in 17 U.S.C. 118(c). [72 FR 67647, Nov. 30, 2007, as amended at 77 FR 71105, Nov. 29, 2012; 83 FR 2740, Jan. 19, 2018; 88 FR 41828, June 28, 2023] § 381.2 Definition of public broadcasting entity. As used in this part, the term public broadcasting entity § 381.3 [Reserved] § 381.4 Performance of musical compositions by PBS, NPR and other public broadcasting entities engaged in the activities set forth in 17 U.S.C. 118(c). (a) Determination of royalty rate. (1) For performance of such work in a feature presentation of PBS: 2013-2017 $232.18 (2) For performance of such a work as background or theme music in a PBS program: 2013-2017 $58.51 (3) For performance of such a work in a feature presentation of a station of PBS: 2013-2017 $19.84 (4) For performance of such a work as background or theme music in a program of a station of PBS: 2013-2017 $4.18 (5) For the performance of such a work in a feature presentation of NPR: 2013-2017 $23.53 (6) For the performance of such a work as background or theme music in an NPR program: 2013-2017 $5.70 (7) For the performance of such a work in a feature presentation of a station of NPR: 2013-2017 $1.66 (8) For the performance of such a work as background or theme music in a program of a station of NPR: 2013-2017 $.59 (9) For purposes of this schedule the rate for the performance of theme music in an entire series shall be double the single program theme rate. (10) In the event the work is first performed in a program of a station of PBS or NPR, and such program is subsequently distributed by PBS or NPR, an additional royalty payment shall be made equal to the difference between the rate specified in this section for a program of a station of PBS or NPR, respectively, and the rate specified in this section for a PBS or NPR program, respectively. (b) Payment of royalty rate. (c) Records of use. [72 FR 67647, Nov. 30, 2007, as amended at 77 FR 71105, Nov. 29, 2012; 83 FR 2740, Jan. 19, 2018; 88 FR 41828, June 28, 2023] § 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. (a) Scope. (b) Voluntary license agreements. (c) Royalty rate. (1) For all such compositions in the repertory of ASCAP, the royalty rates shall be as follows: (i) Music fees. Table 1 to Paragraph (c)(1)(i) Number of full-time students 2023 2024 2025 2026 2027 Level 1 <1,000 $390 $400 $410 $421 $432 Level 2 1,000-4,999 451 463 475 487 500 Level 3 5,000-9,999 619 635 652 669 686 Level 4 10,000-19,999 801 822 843 865 887 Level 5 20,000+ 1,009 1,035 1,062 1,090 1,118 (ii) Fees for stations with an authorized effective radiated power (ERP) of 100 Watts or less. (2) For all such compositions in the repertory of BMI, the royalty rates shall be as follows: (i) Music fees. Table 2 to Paragraph (c)(2)(i) Number of full-time students 2023 2024 2025 2026 2027 Level 1 <1,000 $390 $400 $410 $421 $432 Level 2 1,000-4,999 451 463 475 487 500 Level 3 5,000-9,999 619 635 652 669 686 Level 4 10,000-19,999 801 822 843 865 887 Level 5 20,000+ 1,009 1,035 1,062 1,090 1,118 (ii) Fees for stations with an authorized ERP of 100 Watts or less. (3) For all such compositions in the repertory of SESAC, the royalty rates shall be as follows: (i) 2023: $188 per station. (ii) 2024: $194 per station. (iii) 2025: $199 per station. (iv) 2026: (v) 2027: (vi) Such cost of living adjustment to be made in accordance with the greater of: (A) The change, if any, in the Consumer Price Index (all consumers, all items) published by the U.S. Department of Labor, Bureau of Labor Statistics, during the twelve (12) month period from the most recent Index, published before December 1 of the year immediately prior to the applicable year; or (B) One and one-half percent (1.5%). (4) For all such compositions in the repertory of GMR, the royalty rates shall be as follows: (i) 2023: $188 per station. (ii) 2024: $194 per station. (iii) 2025: $199 per station. (iv) 2026: (v) 2027: (vi) For stations broadcasting primarily in a religious format (including, without limitation, Contemporary Christian music, praise and worship, Gospel, Southern Gospel, Spanish religious music, inspirational, religious, etc.), at their option for 2023-2027, either the rates set forth in paragraph (c)(4) of this section or the rates set forth in § 381.6(d)(4). (5) For the performance of all other such compositions: $1. (d) Payment of royalty rate. (e) Records of use. [72 FR 67647, Nov. 30, 2007, as amended at 73 FR 72726, Dec. 1, 2008; 74 FR 62705, Dec. 1, 2009; 75 FR 74623, Dec. 1, 2010; 76 FR 74703, Dec. 1, 2011; 77 FR 71105, Nov. 29, 2012; 78 FR 71501, Nov. 29, 2013; 79 FR 71319, Dec. 2, 2014; 80 FR 73118, Nov. 24, 2015; 81 FR 84478, Nov. 23, 2016; 83 FR 2740, Jan. 19, 2018; 83 FR 61126, Nov. 28, 2018; 84 FR 64206, Nov. 21, 2019; 85 FR 74884, Nov. 24, 2020; 86 FR 66460, Nov. 23, 2021; 88 FR 41829, June 28, 2023; 88 FR 83510, Nov. 30, 2023; 89 FR 94613, Nov. 29, 2024; 90 FR 54586, Nov. 28, 2025] § 381.6 Performance of musical compositions by other public broadcasting entities. (a) Scope. (b) Definitions. (1) Feature Music (2) Population Count. (i) The number of persons estimated to reside within a station's Predicted 60 dBu Contour, based on the most recent available census data; and (ii) The nonduplicative number of persons estimated to reside in the Predicted 60 dBu Contour of any Translator or Booster Station that extends a public broadcasting entity's signal beyond the contours of a station's Predicted 60 dBu Contour. (iii) In determining Population Count, a station or a Translator or Booster Station may use and report the total population data, from a research company generally recognized in the broadcasting industry, for the radio market within which the station's community license is located. (3) Predicted 60 dBu Contour (4) Talk Format Station (i) Whose program content primarily consists of talk shows, news programs, sports, community affairs or religious sermons (or other non-music-oriented programming); (ii) That performs Feature Music in less than 20% of its programming annually; and (iii) That performs music-oriented programming for no more than four (4) programming hours during the hours from 6 a.m. to 10 p.m. each weekday, with no two (2) hours of such programming occurring consecutively, with the exception of up to five (5) weekdays during the year. (5) Weekday (6) Translator Station Booster Station (c) Voluntary license agreements. (d) Royalty rate. (1) For all such compositions in the repertory of ASCAP, the royalty rates shall be as follows: (i) Music fees for stations with 20% or more programming containing Feature Music are as follows: Table 1 to Paragraph (d)(1)(i) Population count Calendar years 2023 2024 2025 2026 2027 Level 1 0-24,999 $574 $585 $597 $609 $621 Level 2 25,000-249,999 754 769 784 800 816 Level 3 250,000-499,999 1,346 1,373 1,400 1,428 1,457 Level 4 500,000-999,999 2,017 2,057 2,098 2,140 2,183 Level 5 1,000,000-1,499,999 2,691 2,745 2,800 2,856 2,913 Level 6 1,500,000-1,999,999 3,363 3,430 3,499 3,569 3,640 Level 7 2,000,000-2,499,999 4,035 4,116 4,198 4,282 4,368 Level 8 2,500,000-2,999,999 4,708 4,802 4,898 4,996 5,096 Level 9 3,000,000 and above 6,726 6,861 6,998 7,138 7,280 (ii) Talk Format Station fees for stations with <20% Feature Music programming are as follows: Table 2 to Paragraph (d)(1)(ii) Population count Calendar years 2023 2024 2025 2026 2027 Level 1 0-24,999 $265 $270 $276 $281 $287 Level 2 25,000-249,999 574 585 597 609 621 Level 3 250,000-499,999 574 585 597 609 621 Level 4 500,000-999,999 574 585 597 609 621 Level 5 1,000,000-1,499,999 942 961 980 1,000 1,020 Level 6 1,500,000-1,999,999 1,177 1,201 1,225 1,249 1,274 Level 7 2,000,000-2,499,999 1,412 1,440 1,469 1,498 1,528 Level 8 2,500,000-2,999,999 1,647 1,680 1,714 1,748 1,783 Level 9 3,000,000 and above 2,354 2,401 2,449 2,498 2,548 (2) For all such compositions in the repertory of BMI, the royalty rates shall be as follows: (i) Music fees for stations with 20% or more programming containing Feature Music are as follows: Table 3 to Paragraph (d)(2)(i) Population count Calendar years 2023 2024 2025 2026 2027 Level 1 0-24,999 $574 $585 $597 $609 $621 Level 2 25,000-249,999 754 769 784 800 816 Level 3 250,000-499,999 1,346 1,373 1,400 1,428 1,457 Level 4 500,000-999,999 2,017 2,057 2,098 2,140 2,183 Level 5 1,000,000-1,499,999 2,691 2,745 2,800 2,856 2,913 Level 6 1,500,000-1,999,999 3,363 3,430 3,499 3,569 3,640 Level 7 2,000,000-2,499,999 4,035 4,116 4,198 4,282 4,368 Level 8 2,500,000-2,999,999 4,708 4,802 4,898 4,996 5,096 Level 9 3,000,000 and above 6,726 6,861 6,998 7,138 7,280 (ii) Talk Format Station fees for stations with <20% Feature Music programming are as follows: Table 4 to Paragraph (d)(2)(ii) Population count Calendar years 2023 2024 2025 2026 2027 Level 1 0-24,999 $265 $270 $276 $281 $287 Level 2 25,000-249,999 574 585 597 609 621 Level 3 250,000-499,999 574 585 597 609 621 Level 4 500,000-999,999 574 585 597 609 621 Level 5 1,000,000-1,499,999 942 961 980 1,000 1,020 Level 6 1,500,000-1,999,999 1,177 1,201 1,225 1,249 1,274 Level 7 2,000,000-2,499,999 1,412 1,440 1,469 1,498 1,528 Level 8 2,500,000-2,999,999 1,647 1,680 1,714 1,748 1,783 Level 9 3,000,000 and above 2,354 2,401 2,449 2,498 2,548 (3) For all such compositions in the repertory of SESAC, the royalty rates shall be as follows: (i) Music fees for stations with 20% or more programming containing Feature Music are as follows: Table 5 to Paragraph (d)(3)(i) Population count 2023 2024 2025 2026 2027 Level 1 0-24,999 $189 $192 $196 $200 $204 Level 2 25,000-249,999 189 192 196 200 204 Level 3 250,000-499,999 315 321 328 334 341 Level 4 500,000-999,999 473 482 492 502 512 Level 5 1,000,000-1,499,999 630 643 656 669 682 Level 6 1,500,000-1,999,999 789 805 821 837 854 Level 7 2,000,000-2,499,999 945 964 983 1,003 1,023 Level 8 2,500,000-2,999,999 1,104 1,126 1,149 1,172 1,195 Level 9 3,000,000 and above 1,577 1,608 1,640 1,673 1,707 (ii) Talk Format Station fees for stations with <20% Feature Music programming are as follows: Table 6 to Paragraph (d)(3)(ii) Population count 2023 2024 2025 2026 2027 Level 1 0-24,999 $130 $133 $135 $138 $141 Level 2 25,000-249,999 189 192 196 200 204 Level 3 250,000-499,999 189 192 196 200 204 Level 4 500,000-999,999 189 192 196 200 204 Level 5 1,000,000-1,499,999 221 225 229 234 239 Level 6 1,500,000-1,999,999 276 282 287 293 299 Level 7 2,000,000-2,499,999 331 337 344 351 358 Level 8 2,500,000-2,999,999 386 394 402 410 418 Level 9 3,000,000 and above 552 563 574 586 597 (4) For all such compositions in the repertory of GMR, the royalty rates shall be as follows: (i) For a public broadcasting entity within the scope of this section that is broadcasting one or more radio stations as of January 1, 2023, a single $50 fee for each such station for the entire five-year license term from 2023 through 2027; and (ii) For a public broadcasting entity within the scope of this section that begins broadcasting a radio station after January 1, 2023, but before December 31, 2027, a pro-rated amount equal to $10 multiplied by the number of full or partial years remaining in the 2023-2027 license term as of the date on which the radio station begins broadcasting ( e.g., (5) For the performance of all other such compositions, from 2023 through 2027: $1. (e) Payment of royalty rate ASCAP, BMI, and SESAC. (2) GMR. (f) Records of use. [72 FR 67647, Nov. 30, 2007, as amended at 77 FR 71106, Nov. 29, 2012; 83 FR 2741, Jan. 19, 2018; 88 FR 41830, June 28, 2023] § 381.7 Recording rights, rates and terms. (a) Scope. (b) Royalty rate. 2023-2027 (A) Feature $121.07 (B) Concert feature (per minute) 36.36 (C) Background 61.19 (D) Theme: ( 1 61.19 ( 2 24.84 (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: 2023-2027 (A) Feature $10.01 (B) Concert feature (per minute) 2.63 (C) Background 4.35 (D) Theme: ( 1 4.35 ( 2 1.73 (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 under this section of a musical work in an 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 the schedule established in this section, “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. 2023-2027 (i) Feature $13.11 (ii) Concert feature (per minute) 19.24 (iii) Background 6.56 (iv) Theme: (A) Single program or first series program 6.56 (B) Other series program 2.62 (3) For purposes of the schedule established in this section, 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 an NPR-produced radio program: 2023-2027 (i) Feature $.83 (ii) Feature (concert) (per half hour) 1.72 (iii) Background .42 (5) The schedule of fees covers use for a period of three years following the first use. Succeeding use periods will require the following additional payment: Additional one-year period—25 percent of the initial three-year fee; second three-year period—50 percent of the initial three-year fee; each three-year fee thereafter—25 percent of the initial three-year fee; provided that a 100 percent additional payment prior to the expiration of the first three-year period will cover use during all subsequent use periods without limitation. Such succeeding uses which are subsequent to December 31, 2022, shall be subject to the schedule of royalty rates established in this section. (6) For each use licensed under this section pursuant to paragraphs (b)(1)(i) and (b)(2) of this section for transmission via the internet, the royalty fees shall include a pro-rata share of $2,000 per calendar year, which share shall be determined by calculating the aggregate amount of royalty fees earned during that calendar year and dividing the sum by the amount of royalty fees earned for each use. (c) Payment of royalty rates. (d) Records of use Maintenance of cue sheets. (2) Content of cue sheets or summaries. (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 Royalty Judges: deposit of cue sheets or summaries. [72 FR 67647, Nov. 30, 2007, as amended at 77 FR 71108, Nov. 29, 2012; 83 FR 2742, Jan. 19, 2018; 88 FR 41832, June 28, 2023] § 381.8 Terms and rates of royalty payments for the use of published pictorial, graphic, and sculptural works. (a) Scope. (b) Royalty rate. (i) For such uses in a PBS-distributed program: 2023-2027 (A) For featured display of a work $70.75 (B) For background and montage display 34.50 (C) For use of a work for program identification or for thematic use 139.46 (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 45.82 (ii) For such uses in other than PBS-distributed programs: 2023-2027 (A) For featured display of a work $45.82 (B) For background and montage display 23.48 (C) For use of a work for program identification or for thematic use 93.65 (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 23.49 (2) For the purposes of the schedule in paragraph (b)(1) of this section 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. (3) “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”. (4) “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. (5) “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. (d) Records of use. (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 Royalty Judges. (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. (2) Pursuant to the provisions of 17 U.S.C. 118(e), 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. [72 FR 67647, Nov. 30, 2007, as amended at 77 FR 71108, Nov. 29, 2012; 88 FR 41833, June 28, 2023] § 381.9 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 Royalty Judges, upon request, information concerning fees deposited in trust funds. § 381.10 Cost of living adjustment. (a) On or before December 1, 2023, the Copyright Royalty Judges shall publish in the Federal Register (b) On the same date of the notices published pursuant to paragraph (a) of this section, the Copyright Royalty Judges shall publish in the Federal Register (1) The change in the cost of living determined as provided in paragraph (a) of this section; or (2) One-and-a-half percent (1.5%). (3) Such royalty rates shall be fixed at the nearest dollar. (c) The adjusted schedule for the rates for § 381.5(c)(3) and (4) shall become effective thirty (30) days after publication in the Federal Register [88 FR 41833, June 28, 2023] § 381.11 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.