Below are Frequently Asked Questions regarding Cable Retransmission Royalties. Should you have a question that is not answered below, please contact our team at Cablecopyrightroyalties@pbs.org.

The U.S. Copyright Act requires companies that legally re-transmit a “distant signal” to pay royalties to the Copyright Royalty Board. Over-the-air broadcast stations transmit copyrighted programming (TV series, theatrical films, sporting events, musical compositions, etc.) that cable systems may carry and simultaneously retransmit to their subscribers. Normally, this retransmission of broadcast stations by cable systems would require a license or other permission from the copyright owners of the programming. As a practical matter, obtaining such permissions – from every broadcast station and every owner of copyright in every program, song, etc. transmitted by that station – would be difficult for cable operators to secure.

In the late 1970’s Congress provided U.S. cable operators a compulsory or “automatic” copyright license that allows cable operators, without prior permission or negotiation, to simultaneously retransmit the following signals to their subscribers:

  • LOCAL: Broadcast signals that subscribers would be able to receive via antenna, without cable service.
  • DISTANT, COMMERCIAL ,INDEPENDENT (“NON-NETWORK”), DISTANT, COMMERCIAL NETWORK (ABC, CBS, NBC), DISTANT, NON-COMMERCIAL EDUCATIONAL: Broadcast signals that subscribers would not be able to receive very well (or at all) via antenna.

Local signals are essentially free of charge for cable systems to retransmit. Small/medium sized cable systems with basic-service revenues below a certain amount pay the Copyright Office a blanket license fee covering all distant signals retransmitted. Larger cable systems with basic-service revenues above that certain amount pay the Copyright Office a license fee based upon such revenues and the type and number of distant signals retransmitted.

Twice a year (every 6 months), each cable system is required to send the Copyright Office its compulsory license fees, accompanied by a statement of account. These statements identify information necessary to calculate the amount of royalties to be paid by the cable system (such as: communities served, number of basic-cable subscribers, and for larger cable operators, distant signals retransmitted under the compulsory license).

If you are the rightsholder of a program that was broadcast on a signal that was re-transmitted, you may be eligible for cable retransmission royalties. Rightsholders who believe they may be eligible, must file a claim with the Copyright Royalty Board. Please see additional information for filing a claim with the Copyright Royalty Board at  https://www.crb.gov/claims/.

 

 

Every July the Copyright Royalty Board accepts claim registrations for the previous calendar year. To file a claim visit the Copyright Royalty Board at www.crb.gov.

Register with the eCRB, wait for confirmation of approval. Then go back to the site and submit a cable claim (single or joint). To file a claim, contact information is needed including filer information, copyright owner information, primary contact for claim. filer; owner; primary contact; and a general statement of owner’s work(s).

The Copyright Royalty Board distributes cable royalties among seven sectors. Public Broadcasting Service receives and distributes the royalties for programs that broadcast on public television and are re-transmitted to distant subscribers.

PBS only distributes cable royalties and does not distribute satellite royalties.

The Copyright Royalty Board updates on distribution can be found on it’s website at https://www.crb.gov/distribution/.

Additionally, upcoming deadlines and payment updates can be found on a user’s dashboard.

Yes, program submissions are processed through the Cable Royalties web portal. Users must submit a list of titles they are asserting rights for as well as a document confirmation of an accepted claim filing with the Copyright Royalty Board.

Additional information about how to register can be found on the Why Register page.

Once the Copyright Royalty Board rules on the allocation of funds are released in two distributions. The first distribution is released to PBS and distributed to rightsholders a few years following the broadcast. The final distribution follows a few years after the first distribution after final settlement by the Copyright Royalty Board. Funds allocated to broadcasts of works in conflict are excluded from the final distribution, and are set aside, pending any conflict resolution(s).

The PBS notice means PBS identified multiple parties claiming royalties for the same title, therefore, PBS may withhold the amount of royalties attributable to the title until PBS is notified by all parties that there is a resolution regarding which party will receive the distribution of funds.

The PBS written notice generally will include, but is not limited to:

    • The title of the work or works at issue;
    • The year or years of royalty payment at issue;
    • The names of all parties claiming authority to collect royalties for the same title;
    • Contact information of all parties; and
    • The deadline to reach a mutually agreeable resolution, typically sixty (60) days.

PBS created the following guidelines and resolution scenarios to assist claimants involved in a conflict with the resolution process.

Please read the guidelines and resolution scenarios in their entirety to assist you in reaching a resolution to the noted title conflict.

You should contact the other parties claiming the title to reach a mutually agreeable resolution to distribute the royalties.

PBS facilitates the agreed-upon distribution of royalties.

PBS is not a party to nor the arbiter for this process.

 

PBS retains the funds until the parties determine how to distribute the funds.

Upon receipt by PBS of such notice, executed by the parties involved in the title conflict, PBS will distribute the royalty funds according to the written, mutually agreed resolution.

If there is no mutually agreed upon resolution by the parties involved in the title conflict, PBS will follow the procedures and distribute the funds as described in the resolution scenarios.

A mutually agreeable resolution should be in writing, executed by all parties, detailing:

  • The terms of the agreement;
  • A statement addressing that each party agrees with the resolution reached;
  • The royalty year(s) resolved for each title at issue;
  • How PBS should disperse the royalties to the parties; and
  • Directions to PBS for future distributions of royalties.

Upon receipt of the writing, PBS will close the conflict resolution procedure and distribute the royalties for the title at the next applicable distribution in accordance with the mutually agreeable resolution.

The written mutually agreeable resolution received by PBS will continue for future distributions unless the parties specifically notify PBS

Parties must notify PBS in writing of any changes to future distributions.

 

A party may request an extension from PBS in writing.

A party seeking an extension should send a written request to PBS and the other notified parties detailing the exact reasons for an extension.

An extension continues for a maximum of sixty (60) days.

After registering for an account, Users are able to submit a list of titles for any open royalty year within their User Dashboard. To register program(s), follow these steps:

  1. Select Royalty Year tab and choose the calendar year for title submission. Click “Begin” to open a new submission; if Users have already started a Royalty Submission they will be asked to “edit” the submission. Users may only submit one title list per year and will need to submit a list of titles each year.
  2. Users may add titles three different ways: 1) manually enter program information in a form, 2) bulk upload a list of titles, or 3) add a title from a previous year by selecting to clone the information in the Users Program Library
  3. Users should attach a confirmation of their filing with the CRB; this will ensure the programming match is not unduly delayed.
  4. When the list of titles is complete, Users select “Next” on the bottom right. If Users are not finished but would like to save their work, Users can select “Save” and revisit the work at a later time.
  5. After selecting “Next” Users can submit the year by confirm the information provided is accurate and then selecting “Submit”.

Once a royalty year is submitted, Users can check the status on their User Dashboard.

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