---
kind: "section"
citation: "37 C.F.R. § 382.21"
title: "37"
number: "382.21"
heading: "Royalty fees for the public performance of sound recordings and the making of ephemeral recordings by SDARS."
url: "https://uscodex.org/cfr/37/382.21"
---

# §382.21. Royalty fees for the public performance of sound recordings and the making of ephemeral recordings by SDARS.

- (a) **Royalty fees.** Commencing January 1, 2018, and continuing through December 31, 2027, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the rate of 15.5% of Gross Revenues.
- (b) **Ephemeral recordings royalty fees.**
  - (1) The fee for all Ephemeral Recordings is part of the total fee payable under this section and constitutes 5% of it. All Ephemeral Recordings that a Licensee makes that are necessary and commercially reasonable for making noninteractive Digital Audio Transmissions as an SDARS are included in the 5%.
  - (2) **The minimum fee is $5,000 per year.**

## Notes

### Authority

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

### Source

Source: 83 FR 65265, Dec. 19, 2018, unless otherwise noted.