Licensing Overview
Note:The Office strongly encourages you to use the Pay.gov method to make your electronic royalty and filing fee payments for the current filing year and period (2024/1). For more information on how to make statutory license royalty payments, please readCircular 74and view thetutorial slide deck.
Licensing Section to Cease Returns of Electronically Submitted Statements
Beginning with the 2023/1 accounting period, the Licensing Section will no longer return signed PDFs of received electronic statements of account (eSOAs). These statements will be available on the Licensing Section’s webpage, (Section 111 Statements of Account Electronically Filed with the Copyright Office), and will be updated weekly as the section processes the statements.
New Licensing Section Fees Effective March 20, 2020
The Copyright Office has adopted a new fee schedule, beginning March 20, 2020, that affects fees throughout the Office, including the Licensing Section (see the Federal Register,85 FR 9374). The fee changes affect cable, satellite, and DART filers as well as those seeking section 112 and 114 licenses. The fees for the section 115 license remain the same.
For amended statements of account filed by cable and satellite systems and digital audio recording device (DART) importers/manufacturers, the fee has been reduced to $50; however, it is important to note that the Office intends to charge that amendment fee in a wider range of circumstances. For information on the new fees for Section services, see Circular 76.
Circular 76Satellite Television Community Protection and Promotion Act of 2019
Congress recently passed the Satellite Television Community Protection and Promotion Act of 2019 ( “STCPPA” ), which the President signed into law on December 20, 2019. This law makes permanent the satellite carrier distant broadcast signal license found in section 119 of the Copyright Act for non-network stations and for network stations transmitted to RVs and commercial trucks and to “short markets” that lack one or more of the four most widely available network stations. It removes other previously permitted uses of the license and requires that a satellite carrier provide local service in all 210 designated market areas if it wishes to utilize the section 119 license.
STCPPA pageAttention Cable Operators: New Sports Surcharge
Beginning with the 2019/1 (January 1–June 30, 2019) accounting period (filing period July 1 to August 29, 2019), certain Form SA3 cable systems may be required to pay a separate per-program royalty (the Sports Surcharge) in addition to the requisite royalties under section 111 of the Copyright Act. The Sports Surcharge went into effect January 1, 2019, for affected cable systems after the Copyright Royalty Board (CRB) Judges issued a final rule (83 FR 62714) on December 6, 2018. To learn more, see the article in ourSpring-Summer 2019 issueof The Licensing Connection newsletter.
For more information about this regulation, who is affected, and how to make a Sports Surcharge payment, review the instructionshere.Visit the link below to access the Sports Surcharge Addendum (Form SS) and make your royalty payment.
Sports Surcharge Addendum (Form SS)Orrin G. Hatch—Bob Goodlatte
Music Modernization Act
On October 11, 2018, the Orrin G. Hatch–Bob Goodlatte Music Modernization Act (MMA) was signed into law. Among other things, it makes significant changes to the section 115 compulsory license and makes sound recordings created before February 15, 1972, subject to the section 112 and section 114 licenses. In accordance with the new law, the Copyright Office no longer accepts section 115 notices of intention to obtain a compulsory license for making a digital phonorecord delivery of a musical work. Please visit the Office’s MMA homepage for more information.
MMA HomepageStatutory Licensing Fiduciary Assets Financial Statements and Independent Auditors’ Report
The Library of Congress contracted with an independent public accounting firm, Sikich CPA LLC, to conduct an audit of the financial statements prepared for the fiduciary assets administered by the Copyright Office Licensing Section. The purpose of this independent audit was to provide an opinion on the fairness of the financial statements in accordance with generally accepted accounting principles, and to report on internal control over financial reporting and compliance with applicable laws and regulations. For more information on the results of the audit, visit the link below.
FY 2023 ReportEFT Information
Effective October 1, 2006, all statutory license royalty fee payments must be paid by Electronic Funds Transfer. For more information, please read:
Payments
- How to Make Statutory License Royalty EFT Payments Using Pay.gov
- Pay.gov FAQ
- EFT Remittance Advice Template
Refunds and Disbursements
The Licensing Section is responsible for helping to administer the various statutory licenses and similar provisions, including: secondary transmissions of radio and television programs by cable and satellite systems; making and distributing phonorecords of nondramatic musical works; and importing, manufacturing, and distributing digital audio recording devices or media.
In general the section deducts its operating costs from the royalty fees collected and invests the balance in interest-bearing securities with the U.S. Treasury for later distribution to copyright owners. The section also collects filing fees to cover part of the costs in administering the cable and satellite licenses. For further information readCircular 75,The Licensing Section of the Copyright Office.
Visit theCopyright Royalty Board websitefor information on determination of rates and terms for the copyright statutory licenses and for determinations on distribution of statutory license royalties collected by the Copyright Office.
Types of Licenses
Cable
Section 111– Statutory License for Secondary Transmissions by Cable Systems
Music
Section 112– Statutory License for Making Ephemeral Recordings
Section 114– Statutory License for the public performance of Sound Recordings by Means of a Digital Audio Transmission
Section 115– Compulsory License for Making and Distributing Phonorecords
Satellite
Section 119– Statutory License for Secondary Transmissions for Satellite Carriers
Section 122– Statutory License for Secondary Transmissions by Satellite Carriers for Local Retransmissions
Other Licenses
Section 1003– Statutory Obligation for Distribution of Digital Audio Recording Devices and Media
Distributions and Financial Statements
- Financial Statements
- Report of Receipts
- Distribution Fund Chart
- Year-Over-Year Growth in the Copyright Royalty Funds
Statutory Licensing Fiduciary Assets Audited Financial Statements
The Licensing Connection Newsletter
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