Copyright Royalty Board
Encyclopedia
The Copyright Royalty Board is a U.S.
system of three Copyright Royalty Judges who determine rates and terms for copyright statutory licenses and make determinations on distribution of statutory license royalties
collected by the United States Copyright Office
of the Library of Congress
. The Board, made up of three permanent copyright royalty judges, was created under the Copyright Royalty and Distribution Reform Act of 2004, which became effective on 31 May 2005, phasing out the Copyright Arbitration Royalty Panel
system. These administrative judges are appointed by the Librarian of Congress. As of 2 September 2009, the board consists of James Scott Sledge
(Chief Copyright Royalty Judge), Stanley Wisniewski
, and William J. Roberts
.
500, which previously was $2,500.
The law requires rates to be based on the price that would be set by a marketplace of willing sellers and willing buyers. Much of the discussion centered around deciding issues like who would be the willing sellers. The Board decided that an individual record company was the basic unit of a "willing seller".
An issue that smaller webcasters raised was the desire to be assured that their fees would not exceed their revenue. The Board rejected this reasoning in their final decision because the ability of smaller stations to generate revenue from their operations has little or no bearing on the market value of the rights held by the copyright holders.
A coalition including National Public Radio and other webcasters joined together to request a rehearing on the increase in rates. On 16 April 2007, the CRB rejected the appeal on the grounds that no new evidence was introduced.
There is a minimum annual fee of $500 per channel or station, payable in advance, against the above per-play fees.
For example, under the 2007 rate, 100 unique listeners of a transmission of a sound recording will cost the transmitter eleven cents. The same 100 listeners previously cost a service a little over seven-and-a-half cents from 1998 through 2005. If a service plays an average of 15 songs an hour, and a listener listens for 9.1 hours a week (the average amount according to recent Bridge reports), the listener would cost the service $0.66 a month.
Noncommercial webcasters
Annual fee $500 per channel or station, up to a total of 159,140 aggregate tuning hours ("ATH") per month. After this, the per-play rate for commercial webcasters applies. etc etc.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
system of three Copyright Royalty Judges who determine rates and terms for copyright statutory licenses and make determinations on distribution of statutory license royalties
Royalties
Royalties are usage-based payments made by one party to another for the right to ongoing use of an asset, sometimes an intellectual property...
collected by the United States Copyright Office
United States Copyright Office
The United States Copyright Office, a part of the Library of Congress, is the official U.S. government body that maintains records of copyright registration in the United States. It is used by copyright title searchers who are attempting to clear a chain of title for copyrighted works.The head of...
of the Library of Congress
Library of Congress
The Library of Congress is the research library of the United States Congress, de facto national library of the United States, and the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and...
. The Board, made up of three permanent copyright royalty judges, was created under the Copyright Royalty and Distribution Reform Act of 2004, which became effective on 31 May 2005, phasing out the Copyright Arbitration Royalty Panel
Copyright Arbitration Royalty Panel
The Copyright Arbitration Royalty Panel system is a part of the United States Congress involved in making decisions regarding copyright royalties.- Panel Function :...
system. These administrative judges are appointed by the Librarian of Congress. As of 2 September 2009, the board consists of James Scott Sledge
James Scott Sledge
James Scott Sledge has been appointed to the position of Chief Copyright Royalty Judge. He will serve a term of six years, subject to reappointment to additional terms....
(Chief Copyright Royalty Judge), Stanley Wisniewski
Stanley Wisniewski
Stanley C. Wisniewski is an American copyright royalty judge specializing in economics.He is currently serving a term of four years, subject to reappointment to additional six year terms. Dr. Wisniewski has more than thirty years of experience as an economist, attorney, entrepreneur, educator,...
, and William J. Roberts
William J. Roberts
William J. Roberts "has been appointed as a copyright royalty judge with expertise in copyright law. He will serve a term of two years, subject to reappointment to additional six year terms. Mr. Roberts began his legal career in the Copyright Office in 1987...
.
May 2007 webcasting royalty increase
On 1 May 2007 after 48 days of testimony leading to 13 288 pages of written testimony, the Copyright Royalty Board set new rates for webcasting for the License Period 2006-2010. The rates are higher than the then-existing royalties paid for non-interactive webcasting. One component of rate increase was to remove the "cap" on the per-station/channel minimum fee of $USUnited States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
500, which previously was $2,500.
The law requires rates to be based on the price that would be set by a marketplace of willing sellers and willing buyers. Much of the discussion centered around deciding issues like who would be the willing sellers. The Board decided that an individual record company was the basic unit of a "willing seller".
An issue that smaller webcasters raised was the desire to be assured that their fees would not exceed their revenue. The Board rejected this reasoning in their final decision because the ability of smaller stations to generate revenue from their operations has little or no bearing on the market value of the rights held by the copyright holders.
A coalition including National Public Radio and other webcasters joined together to request a rehearing on the increase in rates. On 16 April 2007, the CRB rejected the appeal on the grounds that no new evidence was introduced.
License fee rates
Commercial webcasters, per play, per listener rate| Year | 2006 | 2007 | 2008 | 2009 | 2010 |
|---|---|---|---|---|---|
| Rate (dollars) | 0.0008 | 0.0011 | 0.0014 | 0.0018 | 0.0019 |
There is a minimum annual fee of $500 per channel or station, payable in advance, against the above per-play fees.
For example, under the 2007 rate, 100 unique listeners of a transmission of a sound recording will cost the transmitter eleven cents. The same 100 listeners previously cost a service a little over seven-and-a-half cents from 1998 through 2005. If a service plays an average of 15 songs an hour, and a listener listens for 9.1 hours a week (the average amount according to recent Bridge reports), the listener would cost the service $0.66 a month.
Noncommercial webcasters
Annual fee $500 per channel or station, up to a total of 159,140 aggregate tuning hours ("ATH") per month. After this, the per-play rate for commercial webcasters applies. etc etc.
See also
- Library of CongressLibrary of CongressThe Library of Congress is the research library of the United States Congress, de facto national library of the United States, and the oldest federal cultural institution in the United States. Located in three buildings in Washington, D.C., it is the largest library in the world by shelf space and...
- United States Copyright OfficeUnited States Copyright OfficeThe United States Copyright Office, a part of the Library of Congress, is the official U.S. government body that maintains records of copyright registration in the United States. It is used by copyright title searchers who are attempting to clear a chain of title for copyrighted works.The head of...
- Copyright Arbitration Royalty PanelCopyright Arbitration Royalty PanelThe Copyright Arbitration Royalty Panel system is a part of the United States Congress involved in making decisions regarding copyright royalties.- Panel Function :...
- SoundExchangeSoundExchangeSoundExchange is a non-profit performance rights organization that collects royalties on the behalf of sound recording copyright owners and featured artists for non-interactive digital transmissions, including satellite and Internet radio.-History:Prior to 1995, SRCOs in the United States did not...