Copyright Office Publishes Review of Copyright Royalty Judges’ Determination
Issue No. 339 - February 21, 2008

In accordance with the authority granted to the Register of Copyrights under 17 U.S.C. 802 (f)(1)(D), the Register has reviewed for legal error the determinations of the Copyright Royalty Judges setting rates and terms for the use of the sections 112 and 114 statutory licenses by New Subscription Services, Preexisting Subscription Services, and Satellite Digital Audio Radio Services. The Register concludes that the Copyright Royalty Judges did not establish separate values for the sections 114 and 112 licenses and that this resolution constitutes an error on a material question of substantive law under title 17. Further, the Register concludes that the Copyright Royalty Judges’ determination of rates for Satellite Digital Audio Radio Services did not include a minimum fee for the section 112 license and that this resolution was also in material error. This decision shall be binding as precedent upon the Copyright Royalty Judges in subsequent proceedings. (Read further information.)