Reminder:  Broadcaster Copyright Royalty Claims

For 2009 Due By August 2, 2010

http://www.lermansenter.com/i/leventhal-logo-new.jpg

 

Pursuant to the U.S. Copyright Act of 1976, a cable or satellite system carrying secondary transmissions of broadcast stations must pay “compulsory license” royalties to the Register of Copyrights.  These royalties are held in a pool to compensate eligible copyright owners who submit timely claims.  In order to share in the distribution of the royalty fees collected for the year 2009, eligible copyright owners must file a claim with the U.S. Copyright Royalty Board by no later than August 2, 2010.

Three types of copyright owners whose works were the subject of secondary transmissions by cable systems during the relevant period are qualified to receive royalties:

·          Those whose work was included in a cable system’s secondary transmission of a non-network television program beyond the local service area of the station (generally, the DMA of a television station);

·          Those whose work was included in a secondary transmission identified in a cable system’s “special statement of account” for substituted or additional non-network television programs; and

·          Those whose work was included in non-network programming consisting exclusively of aural signals carried by a cable system beyond the local service area of the station.

In order to be eligible to receive satellite royalty fees, a copyright owner’s works must have been included in a secondary transmission for private home viewing made by a satellite carrier during calendar year 2009.

Claims to the cable and satellite royalty funds for programming that aired in 2009 must be filed using forms available from the Copyright Royalty Board.  Cable royalty claim forms are available at http://www.loc.gov/crb/cable/; satellite royalty claim forms are available at http://www.loc.gov/crb/satellite/.  Typically, claims must be submitted by the last day in July.  Because July 31 falls on a Saturday this year, claims may be submitted by 5 p.m. (Eastern time) on the first business day in August (i.e., August 2).  Claims may be submitted by mail, courier, hand delivery or online.

If you believe that you are eligible to share in cable or satellite royalties, or have any questions about the requirements for filing, please contact your primary attorney in our office.

July 1, 2010

 

Follow Lerman Senter on Twitter

 

This memorandum is intended only as a general discussion of these issues and should not be regarded as legal advice.

We would be pleased to provide additional details or advice about specific situations if desired.

Copyright © 2010, Lerman Senter PLLC

2000 K Street NW, Suite 600 | Washington, DC 20006-1809
tel. 202.429.8970 | fax 202.293.7783 | www.lermansenter.com

To Unsubscribe: Unsubscribe  |   To Update Client Info: Update Client Info