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37 C.F.R. 37 CFR--PART 201

Title 37 - Patents, Trademarks, and Copyrights

Amendment from August 10, 2006

37 CFR--PART 201

View Printed Federal Register page 71 FR 45740 in PDF format.

Amendment(s) published August 10, 2006, in 71 FR 45740

Effective Date(s): October 1, 2006

4. Amend §201.28 as follows:

a. By revising paragraph (e)(3)(ii);

b. By redesignating paragraphs (h) through (l) as paragraphs (i) through (m) respectively, and adding a new paragraph (h);

c. By amending newly redesignated paragraph (j)(1)(ii) to remove “(i)(2)” and add in its place “(j)(2)”;

d. By amending newly redesignated paragraph (j)(3)(i) to remove “(i)(3)” and add in its place “(j)(3)”;

e. By amending newly redesignated paragraph (j)(3)(vi) to remove “(i)” and add in its place “(j)”.

§ 201.28   Statements of account for digital audio recording devices or media.

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(e)  *  *  *

(3)  *  *  *

(ii) The amount of the royalty payment shall be calculated in accordance with the instructions specified in the quarterly Statement of Account form. Payment shall be made as specified in §201.28(h).

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(h) Royalty fee payment. (1) All royalty fees must be paid by a single electronic funds transfer, and must be received in the designated bank by the filing deadline for the relevant accounting period. The following information must be provided as part of the EFT and/or as part of the remittance advice as provided for in circulars issued by the Copyright Office:

(i) Remitter's name and address;

(ii) Name of a contact person, telephone number and extension, and email address;

(iii) The actual or anticipated date that the EFT will be transmitted;

(iv) Type of royalty payment (i.e. DART);

(v) Total amount submitted via the EFT;

(vi) Total amount to be paid by year and period;

(vii) Number of Statements of Account that the EFT covers;

(viii) ID numbers assigned by the Licensing Division;

(ix) Legal name of the owner for each Statement of Account.

(2) The remittance advice shall be attached to the Statement(s) of Account. In addition, a copy of the remittance advice shall be emailed or sent by facsimile to the Licensing Division.

(3) The Office may waive the requirement for payment by electronic funds transfer as set forth in paragraph (1) of this section. To obtain a waiver, the remitter shall submit to the Licensing Division at least 60 days prior to the royalty fee due date a certified statement setting forth the reasons explaining why payment by an electronic funds transfer would be virtually impossible or, alternatively, why it would impose a financial or other hardship on the remitter. The certified statement must be signed by a duly authorized representative of the entity making the payment. A waiver shall cover only a single payment period. Failure to obtain a waiver may result in the remittance being returned to the remitter.

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