Rule2026-06055

Adjustment to Sound Recordings by New Subscription Services and Ephemeral Recordings To Facilitate Those Performances License 2026 Royalty Rates

Primary source

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Published
March 30, 2026
Effective
March 30, 2026

Issuing agencies

Library of CongressCopyright Royalty Board

Abstract

The Copyright Royalty Judges announce an adjustment (based on CPI-U figures) in the royalty for the digital performances of sound recordings by new subscription services and for the making of ephemeral recordings necessary to facilitate those transmissions.

Full Text

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<title>Federal Register, Volume 91 Issue 60 (Monday, March 30, 2026)</title>
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[Federal Register Volume 91, Number 60 (Monday, March 30, 2026)]
[Rules and Regulations]
[Pages 15543-15544]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06055]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 383

[Docket No. 23-CRB-0013-NSR (2026-2030)]


Adjustment to Sound Recordings by New Subscription Services and 
Ephemeral Recordings To Facilitate Those Performances License 2026 
Royalty Rates

AGENCY: Copyright Royalty Board (CRB), Library of Congress.

ACTION: Final rule--technical amendment.

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SUMMARY: The Copyright Royalty Judges announce an adjustment (based on 
CPI-U figures) in the royalty for the digital performances of sound 
recordings by new subscription services and for the making of ephemeral 
recordings necessary to facilitate those transmissions.

DATES: 
    Effective date: March 30, 2026.
    Applicability dates: These rates are applicable to the period 
January 1, 2026, through December 31, 2030.

FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658, 
<a href="/cdn-cgi/l/email-protection#1477667654787b773a737b62"><span class="__cf_email__" data-cfemail="2b4859496b474448054c445d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: Sections 112(e) and 114(f) of the Copyright 
Act, title 17 of the United States Code, create statutory licenses for 
certain digital performances of sound recordings and the making of 
ephemeral reproductions to facilitate transmission of those sound 
recordings. On March 10, 2026, the Copyright Royalty Judges (Judges) 
adopted final regulations governing the rates and terms of copyright 
royalty payments under those licenses for the license period 2026-2030 
for the digital performances of sound recordings by new subscription 
services and for the making of ephemeral recordings

[[Page 15544]]

necessary to facilitate those transmissions. See 91 FR 11471.
    Pursuant to those regulations, the calculation of the rate for each 
year shall be cumulative based on a calculation of the percentage 
increase in the CPI-U from the CPI-U published in November 2024 (CPI-
U%) and shall be made according to the following formulas: (A) For 
Stand-Alone Contracts, (1 + (Cy-315.664)/315.664) x $0.0234; and (B) 
For Bundled Contracts, (1 + (Cy-315.664)/315.664) x $0.0390; and (ii) 
For both formulas, Cy is the CPI-U published by the Secretary of Labor 
before December 1 of the preceding year. The adjusted rate shall be 
rounded to the nearest fourth decimal place. See 37 CFR 385.3.
    The CPI-U published by the Secretary of Labor from the most recent 
index published before December 1, 2025, is 324.800.\1\ Applying the 
formulas above, adjusted rates for 2026 are $0.0241 for standalone 
contracts and $0.0401 for bundled contracts.
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    \1\ The CPI-U announced on October 24, 2025, by the Bureau of 
Labor Statistics in its Consumer Price Index News Release--Consumer 
Price Index, is available at <a href="https://www.bls.gov/news.release/archives/cpi_10242025.htm">https://www.bls.gov/news.release/archives/cpi_10242025.htm</a>. The Copyright Royalty Judges note that 
the October 24, 2025, publication is the most recent CPI-U published 
by the Secretary of Labor before December 1 of the preceding year 
(i.e., 2026). The Bureau of Labor statistics has explained ``BLS 
could not collect October 2025 reference period survey data due to a 
lapse in appropriations.'' See <a href="https://www.bls.gov/bls/2025-lapse-revised-release-dates.htm">https://www.bls.gov/bls/2025-lapse-revised-release-dates.htm</a>.
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List of Subjects in 37 CFR Part 383

    Copyright, Sound recordings, Webcasters.

Final Regulations

    In consideration of the foregoing, the Copyright Royalty Board 
amends part 383 of title 37 of the Code of Federal Regulations as 
follows:

PART 383--RATES AND TERMS FOR SUBSCRIPTION TRANSMISSIONS AND THE 
REPRODUCTION OF EPHEMERAL RECORDINGS BY CERTAIN NEW SUBSCRIPTION 
SERVICES

0
1. The authority citation for part 383 continues to read as follows:

    Authority:  17 U.S.C. 112(e), 114, 801(b)(1).


0
2. Amend Sec.  383.3 by revising paragraphs (a)(1) and (2) to read as 
follows:


Sec.  383.3  Royalty fees for public performances of sound recordings 
and the making of ephemeral recordings.

    (a) * * *
    (1) For Stand-Alone Contracts, a monthly payment of $0.0241 per 
Subscriber to the Service of such Licensee, which is equivalent to the 
2025 royalty rate of $0.0234, as adjusted by the annual royalty fee 
adjustment in paragraph (b) of this section.
    (2) For Bundled Contracts, a monthly payment of $0.0401 per 
Subscriber to the Service of such Licensee, which is equivalent to the 
2025 royalty rate of $0.0390, as adjusted by the annual royalty fee 
adjustment in paragraph (b) of this section.
* * * * *

    Dated: March 25, 2026.
Trevor Jefferson,
Interim Chief Copyright Royalty Judge.
[FR Doc. 2026-06055 Filed 3-27-26; 8:45 am]
BILLING CODE 1410-72-P





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Indexed from Federal Register on March 30, 2026.

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