§ 1006. — Entitlement to royalty payments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 17USC1006]
TITLE 17--COPYRIGHTS
CHAPTER 10--DIGITAL AUDIO RECORDING DEVICES AND MEDIA
SUBCHAPTER C--ROYALTY PAYMENTS
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.
(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.)
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.
Section Referred to in Other Sections
This section is referred to in sections 802, 1007 of this title.
