17 U.S.C. § 1006 — Entitlement to royalty payments

submitted 34 years ago by Pub. L. 102-563 to r/title-17-COPYRIGHTS · 528 words · no verdicts yet

in plain englishAI-generated · not legal advice

Royalties are distributed to interested copyright parties whose works or recordings were embodied in covered recordings and distributed during the relevant period, if they file a claim. The section divides the money between sound recordings and musical works and provides allocation rules within each group.

(a) Interested copyright parties. Under section 1007 procedures, deposited royalties go to an interested copyright party whose musical work or sound recording: (1) was embodied in a lawfully made digital or analog musical recording that was distributed, and was distributed in that form or made public through transmissions during the relevant period; and (2) has a claim filed under section 1007. (b) Allocation to groups. (1) The Sound Recordings Fund receives 66 2/3% of the royalties. Of that fund, 2 5/8% goes into an escrow account managed by an independent administrator jointly appointed by the section 1001(7)(A) parties and the American Federation of Musicians, for nonfeatured musicians who performed on recordings distributed in the United States, whether or not members. Another 1 3/8% goes into an escrow account managed by an independent administrator jointly appointed by those parties and the American Federation of Television and Radio Artists, for nonfeatured vocalists who performed on such recordings, whether or not members. Of the remaining Sound Recordings Fund, 40% goes to section 1001(7)(C) parties and 60% to section 1001(7)(A) parties. (2) (A) The Musical Works Fund receives 33 1/3% for section 1001(7)(B) parties. (B) Music publishers receive 50% and writers receive the other 50%. (c) Allocation within groups. If all parties in a subsection (b) group do not agree on a voluntary distribution proposal, the Copyright Royalty Judges must allocate the royalties under section 1007(c) according to the relevant period’s extent of distribution: (1) for the Sound Recordings Fund, each sound recording’s distribution as digital or analog recordings; and (2) for the Musical Works Fund, each musical work’s distribution as digital or analog recordings or public dissemination through transmissions.

the actual law source: uscode.house.gov ↗public domain

(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.—

66⅔ percent of the royalty payments shall be allocated to the Sound Recordings Fund. 2⅝ 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. 1⅜ 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)

33⅓ 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 Copyright Royalty Judges 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 credit: (Added Pub. L. 102–563, § 2, Oct. 28, 1992, 106 Stat. 4242; amended Pub. L. 103–198, § 6(b)(3), Dec. 17, 1993, 107 Stat. 2312; Pub. L. 105–80, § 12(a)(24), Nov. 13, 1997, 111 Stat. 1535; Pub. L. 108–419, § 5(i)(2), Nov. 30, 2004, 118 Stat. 2368.)

history & why it existsrecord from the source credit

1992Enacted · Pub. L. 102-563 · 106 Stat. 4242
1993Amended · Pub. L. 103-198 · 107 Stat. 2312
1997Amended · Pub. L. 105-80 · 111 Stat. 1535
2004Amended · Pub. L. 108-419 · 118 Stat. 2368

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-563 on 1992-10-28.

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