Copyright Royalty Board Proposes Changes to Compulsory License Royalty Fee Claims Rules | Practical Law

Copyright Royalty Board Proposes Changes to Compulsory License Royalty Fee Claims Rules | Practical Law

The Copyright Royalty Board is soliciting public comments on proposed changes to the regulations governing compulsory license royalty fee claims filing.

Copyright Royalty Board Proposes Changes to Compulsory License Royalty Fee Claims Rules

by Practical Law Intellectual Property & Technology
Published on 17 Mar 2017 • USA (National/Federal)
The Copyright Royalty Board is soliciting public comments on proposed changes to the regulations governing compulsory license royalty fee claims filing.
On March 17, 2017, the Copyright Royalty Board of the Library of Congress published a notice of proposed rulemaking to amend regulations governing the filing of claims to royalty fees collected under compulsory license to:
  • Reflect implementation of a new electronic filing system.
  • Consolidate nearly identical cable and satellite rules.
  • Remove outdated references and improve readability.
  • Address amendment of claims, withdrawal of claims, and reinstatement of previously withdrawn claims.
(82 Fed. Reg. 14167-01 (Mar. 17, 2017).)
The Library of Congress has hired a contractor to create an electronic filing and case management system (eCRB) for the Copyright Royalty Board. The Copyright Royalty Judges expect the system will be available by the summer of 2017.
The proposed rules would amend Parts 350 and 360 of Title 37 of the Code of Federal Regulations to:
  • Add Section 350.5(c)(3) to allow claimants to file claims on the eCRB after creating a password.
  • Replace Sections 360.1-360.15 with Sections 360.1-360.5 to consolidate the filing requirements for cable and satellite claims, remove redundant information, and include a definitions section.
  • Replace Sections 360.20-360.25 with Sections 360.20-360.24 to:
    • incorporate references to the eCRB; and
    • set notice and timing requirements for administrators that distribute royalty payments.
  • Add Subpart C to address:
    • amending claims (§ 360.30);
    • withdrawing of claims (§ 360.31); and
    • reinstating withdrawn claims (§ 360.32).
The Copyright Royalty Board seeks comments on the proposed changes as a whole and individually. Interested parties may submit comments on or before April 17, 2017 by mail or by email at [email protected].