Requirements and Instructions for Completing and Submitting Notices of Contact Information For Transmitting Entities Publicly Performing Pre-1972 Sound Recordings

A notice of contact information for transmitting entities publicly performing pre-1972 sound recordings (“Notice of Contact Information”) is a special type of document that an entity may file with the Copyright Office in accordance with the instructions provided on this page, if it was publicly performing sound recordings fixed before February 15, 1972 (“Pre-1972 Sound Recordings”) by means of digital audio transmission as of October 11, 2018. This document may only be filed by qualifying entities by April 9, 2019.

Under title 17, section 1401 extends remedies for copyright infringement to owners of Pre-1972 Sound Recordings. But where a transmitting entity has filed a Notice of Contact Information, the rights owner is eligible for statutory damages and/or attorneys’ fees only after sending the transmitting entity a notice stating that it is not legally authorized to use the Pre-1972 Sound Recording, and identifying the sound recording pursuant to requirements established by the Copyright Office. 17 U.S.C. § 1401(f)(5)(B). In addition, the unauthorized use must have occurred at least 90 days after the entity receives the notice.

For more information about eligibility for statutory damages or attorneys’ fees when a transmitting entity has not filed a Notice of Contact Information, or regarding availability of remedies for unauthorized uses by other users, click here. For more information about federal copyright law regarding pre-1972 sound recordings generally, see 17 U.S.C. 1401, or click here.

Under section 1401, the Office cannot accept any new Notices of Contact Information after April 9, 2019. 17 U.S.C. 1401(f)(5)(B).

If you have any questions, please contact the Office at (202) 707-3000 or 1-877-476-0778 (toll free), or at [email protected].