Circular 75: The Licensing Section of the Copyright Office

copyright-circulars-circular-75Circular 75: The Licensing Section of the Copyright OfficeGuidance

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CIRCULAR
75
The Licensing Section of the Copyright Office administers
the compulsory and statutory licenses in the Copyright Act
(Title 17 of the United States Code). These licenses are:
• Statutory license for secondary transmissions by cable
systems (section 111)
• Statutory license for making of ephemeral recordings
(section 112)
• Statutory license for public performance of sound
recordings by means of digital audio transmission
(section 114)
• Compulsory license for making and distributing of
phonorecords (section 115)
• Statutory license for secondary transmissions of
distant television programming by satellite carriers
(section 119)
• Statutory license for secondary transmissions of local
television programming by satellite carriers
(section 122)
• Statutory obligation for distribution of digital audio
recording devices and media (section 1003)
The section collects royalty fees from cable operators
for retransmitting television and radio broadcasts
(section 111), from satellite carriers for retransmitting
network and nonnetwork signals (section 119), and from
importers or manufacturers of digital audio recording
products for distributing their products (section 1003). In
general, the section deducts its operating costs from royalty
fees collected and invests the balance in interest-bearing
securities with the U.S. Treasury for later distribution to
copyright owners. (See Report of Receipts and “Ratesetting
and Distribution Proceedings” below for details.) The
section also collects filing fees to cover part of the costs in
administering the cable and satellite licenses.
This circular presents an overview of
the Licensing Section of the Copyright
Office. It includes compulsory and
statutory licenses and the forms and
documents available.1
The Licensing Section
of the Copyright Office
Complete printed PDF page 1
The Licensing Section of the Copyright Office	2
A Notice of Intention to Obtain a Compulsory License for Making and Distributing Phonore-
cords other than digital phonorecord deliveries (section 115) may be filed with the section when
the licensee cannot identify the copyright owner. Royalty payments are not made to the Copyright
Office under this license.
The section also records voluntary license agreements between copyright owners of broadcast
programming and satellite carriers or distributors (section 119).
Under section 122, a royalty-free statutory license authorizes the retransmission of local broad-
cast television stations by satellite carriers.
The statutory obligation in section 1003 of the Copyright Act provides that those who import or
manufacture and distribute in the United States any digital audio recording device or digital audio
recording medium must file notices of distribution and quarterly and annual statements of account
and make royalty payments.
Funding of the Licensing Section
The Copyright Act provides that reasonable costs incurred by the Copyright Office in administer-
ing the statutory licenses for cable systems and satellite carriers and the obligation for digital audio
equipment be deducted from the royalty fees deposited for those licenses. The Licensing Section
also collects filing fees to cover part of the costs in administering the cable and satellite licenses.
The Licensing Section budget comes directly from the royalties and filing fees collected, making
it self-supporting with no tax dollars used for its operation. See Copyright Office Licensing Section
Service Fees (Circular 76).
Organization of the Section
The Examining Section examines licensing documents submitted for a statutory or compulsory
license to determine that they meet the requirements under the statute and Copyright Office
regulations, including correct computations of the filing and royalty fees. A licensing examiner
will notify a licensee of errors or omissions that need to be corrected before final processing by the
Copyright Office.
The Fiscal Section performs all accounting, budgeting, and investing functions of the Licensing
Section in conjunction with the Copyright Office chief financial officer, the Library of Congress
Office of the Chief Financial Officer, and the U.S. Treasury. This section is also responsible for ascer-
taining the funds available for distribution by Copyright Royalty Judges.
The Information Section provides information about the compulsory and statutory licenses,
maintains all the Licensing Section’s official licensing records, and performs reference searches of
licensing documents for the public and members of Congress.
Complete printed PDF page 2
The Licensing Section of the Copyright Office	3
Documents Available
The following documents are available from the Licensing Section.
Cable TV
• Statements of Account for Secondary Transmissions by Cable Systems (Forms sa1-2, sa3)
Satellite Carrier
• Statements of Account for Secondary Transmissions by Satellite Carriers
• Network Name and Address File
Mechanical Licenses
• Notice of Intention to Obtain a Compulsory License for Making and Distributing Phonore-
cords Other than Digital Phonorecord Deliveries
Sound Recordings
• Notice of Use of Sound Recordings
• Initial Notice of Digital Transmission of Sound Recordings
Audio Home Recording Act
• Initial Notices of Distribution
• Statements of Account (quarterly and annual) for importers or manufacturers of digital audio
recording devices or media
NOTE: Access to statements of account for digital audio recording products will be granted only to
“interested copyright owners” pursuant to section 1003(c)(2) of Title 17 of the United States Code.
File Searches
You can conduct an online search to retrieve certain data from the statements of account filed
by cable television operators under section 111 of the Copyright Act. The data begin with the
accounting period 1992/1 (January 1 through June 30) and are updated daily.
Licensing documents are available for public inspection and copying in the Copyright Reading
Room of the Library of Congress, located in room LM-463 of the James Madison Memorial Build-
ing, between 8:30 am and 5:00 pm, eastern time, Monday through Friday, except federal holidays.
Assistance in search procedures is available for those who want to conduct their own searches.
Upon request, Licensing Section staff will conduct a search at the statutory rate for each hour or
fraction of an hour consumed. Based on information you furnish, staff will first estimate the total
search fee. If you decide to proceed with the search, you will need to send the estimated amount in
advance. Staff will then perform the search and provide a report.
Complete printed PDF page 3
The Licensing Section of the Copyright Office	4
Ratesetting and Distribution Proceedings
The Copyright Royalty Judges are responsible for adjusting the rates and terms for use of the statu-
tory licenses in accordance with copyright law. In addition, the judges determine the distribution
of royalties collected by the Copyright Office under sections 111, 119, and 1003 of the Copyright
Act. For information about ratesetting and distribution proceedings, write to
Copyright Royalty Board
PO Box 70977
Southwest Station
Washington, DC 20024-0977
phone: (202) 707-7658
web: www.crb.gov
Contact Us
The Licensing Section is in the James Madison Memorial Building of the Library of Congress,
located on Capitol Hill between First and Second Streets, SE, Washington, DC. Please address all
correspondence to the section to
Library of Congress
U.S. Copyright Office
Licensing Section
101 Independence Avenue, SE #6400
Washington, DC 20557-6400
phone: (202) 707-8150
fax: (202) 707-0905
email: licensing@loc.gov
web: www.copyright.gov/licensing
Licensing Section staff members are available to answer questions between 8:30 am and 5:00 pm,
eastern time, Monday through Friday, except federal holidays.
Complete printed PDF page 4
The Licensing Section of the Copyright Office	5
NOTE
1. This circular is intended as an overview of the Licensing Section of the Copyright Office. The
authoritative source for U.S. copyright law is the Copyright Act, codified in Title 17 of the United
States Code. Copyright regulations are codified in Title 37 of the Code of Federal Regulations.
Copyright Office practices and procedures are summarized in the third edition of the Compendium
of U.S. Copyright Office Practices, cited as the Compendium. The copyright law, regulations, and the
Compendium are available on the Copyright Office website at www.copyright.gov.
Complete printed PDF page 5
1 	U. S. Copyright Office · Library of Congress · 101 Independence Avenue SE · Washington, DC 20559 · copyright.govCIRCULAR 75 REVISED: 11 /2024 	PRINT: 00 /0000 — 0,000
For Further Information
By Internet
The copyright law, the Compendium, electronic registration, application forms, and related materials
are available from the Copyright Office website at www.copyright.gov.
By Email
To send a licensing related inquiry, e-mail licensing@copyright.gov. To send a general email inquiry,
click the Contact Us link on the Copyright Office website.
By Telephone
For licensing related information, call the Licensing Section at (202) 707-8150. For general
information about copyright, call the Copyright Public Information Office at (202) 707-3000
or 1-877-476-0778 (toll free). Staff members are on duty from 8:30 am to 5:00 pm, eastern time,
Monday through Friday, except federal holidays. To request paper application forms or circulars
by postal mail, call (202) 707-9100 or 1-877-476-0778 (toll free) and leave a recorded message.
By Regular Mail
Write to
Library of Congress
U.S. Copyright Office
Licensing Section
101 Independence Avenue, SE #6400
Washington, DC 20557-6400
Complete printed PDF page 6

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