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Copyright Act
« 17 USC Sec. 1005 | Index | 17 USC Sec. 1007 »
17 USC Sec. 1006 - Entitlement to royalty payments
(a) Interested Copyright Parties. - The royalty payments
deposited pursuant to section 1005 shall, in accordance with the
procedures specified in section 1007, be distributed to any
interested copyright party -
(1) whose musical work or sound recording has been -
(A) embodied in a digital musical recording or an analog
musical recording lawfully made under this title that has been
distributed, and
(B) distributed in the form of digital musical recordings or
analog musical recordings or disseminated to the public in
transmissions, during the period to which such payments
pertain; and
(2) who has filed a claim under section 1007.
(b) Allocation of Royalty Payments to Groups. - The royalty
payments shall be divided into 2 funds as follows:
(1) The sound recordings fund. - 66 2/3 percent of the royalty
payments shall be allocated to the Sound Recordings Fund. 2 5/8
percent of the royalty payments allocated to the Sound Recordings
Fund shall be placed in an escrow account managed by an
independent administrator jointly appointed by the interested
copyright parties described in section 1001(7)(A) and the
American Federation of Musicians (or any successor entity) to be
distributed to nonfeatured musicians (whether or not members of
the American Federation of Musicians or any successor entity) who
have performed on sound recordings distributed in the United
States. 1 3/8 percent of the royalty payments allocated to the
Sound Recordings Fund shall be placed in an escrow account
managed by an independent administrator jointly appointed by the
interested copyright parties described in section 1001(7)(A) and
the American Federation of Television and Radio Artists (or any
successor entity) to be distributed to nonfeatured vocalists
(whether or not members of the American Federation of Television
and Radio Artists or any successor entity) who have performed on
sound recordings distributed in the United States. 40 percent of
the remaining royalty payments in the Sound Recordings Fund shall
be distributed to the interested copyright parties described in
section 1001(7)(C), and 60 percent of such remaining royalty
payments shall be distributed to the interested copyright parties
described in section 1001(7)(A).
(2) The musical works fund. -
(A) 33 1/3 percent of the royalty payments shall be allocated
to the Musical Works Fund for distribution to interested
copyright parties described in section 1001(7)(B).
(B)(i) Music publishers shall be entitled to 50 percent of
the royalty payments allocated to the Musical Works Fund.
(ii) Writers shall be entitled to the other 50 percent of the
royalty payments allocated to the Musical Works Fund.
(c) Allocation of Royalty Payments Within Groups. - If all
interested copyright parties within a group specified in subsection
(b) do not agree on a voluntary proposal for the distribution of
the royalty payments within each group, the Librarian of Congress
shall convene a copyright arbitration royalty panel which shall,
pursuant to the procedures specified under section 1007(c),
allocate royalty payments under this section based on the extent to
which, during the relevant period -
(1) for the Sound Recordings Fund, each sound recording was
distributed in the form of digital musical recordings or analog
musical recordings; and
(2) for the Musical Works Fund, each musical work was
distributed in the form of digital musical recordings or analog
musical recordings or disseminated to the public in
transmissions.
-SOURCE-
(Added Pub. L. 102-563, Sec. 2, Oct. 28, 1992, 106 Stat. 4242;
amended Pub. L. 103-198, Sec. 6(b)(3), Dec. 17, 1993, 107 Stat.
2312; Pub. L. 105-80, Sec. 12(a)(24), Nov. 13, 1997, 111 Stat.
1535.)
-MISC1-
AMENDMENTS
1997 - Subsec. (b)(1). Pub. L. 105-80 substituted ''Federation of
Television'' for ''Federation Television'' before ''and Radio
Artists or any successor entity)''.
1993 - Subsec. (c). Pub. L. 103-198 substituted ''Librarian of
Congress shall convene a copyright arbitration royalty panel
which'' for ''Copyright Royalty Tribunal'' in introductory
provisions.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 802, 1007 of this title.
« 17 USC Sec. 1005 | Index | 17 USC Sec. 1007 »
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