Title 17, CopyrightsRelease 119-110

§1006 Entitlement to Royalty Payments

Title 17 › CHAPTER 10 — DIGITAL AUDIO RECORDING DEVICES AND MEDIA › SUBCHAPTER C — ROYALTY PAYMENTS › § 1006

Last updated Sep 22, 2026|Official source

Summary

Money deposited under section 1005 must be paid out to copyright owners and other claimants whose musical works or sound recordings were included in digital or analog recordings that were released or publicly sent during the payment period, as long as they file a claim under section 1007. The money is split into two funds. Sixty-six and two-thirds percent goes to the Sound Recordings Fund and thirty-three and one-third percent goes to the Musical Works Fund. From the Sound Recordings Fund, 2 and 5/8 percent is put into an escrow for nonfeatured musicians (managed by an administrator chosen by the copyright parties and the American Federation of Musicians or its successor), and 1 and 3/8 percent is put into an escrow for nonfeatured vocalists (managed by an administrator chosen by the copyright parties and the American Federation of Television and Radio Artists or its successor). The rest of the Sound Recordings Fund is split 60/40 between two groups named elsewhere in the law. The Musical Works Fund is split equally: 50 percent to music publishers and 50 percent to writers. If members of any group cannot agree on how to divide their share, the Copyright Royalty Judges will divide it based on how much each recording or musical work was distributed or transmitted during the period.

Full Legal Text

Title 17, §1006

Copyrights, Source: USLM XML via OLRC

(a)Interested Copyright Parties.—
The royalty payments deposited pursuant to section 1005 shall, in accordance with the procedures specified in section 1007, be distributed to any interested copyright party—
(1)whose musical work or sound recording has been—
(A)embodied in a digital musical recording or an analog musical recording lawfully made under this title that has been distributed, and
(B)distributed in the form of digital musical recordings or analog musical recordings or disseminated to the public in transmissions, during the period to which such payments pertain; and
(2)who has filed a claim under section 1007.
(b)Allocation of Royalty Payments to Groups.—
The royalty payments shall be divided into 2 funds as follows:
(1)The sound recordings fund.—
66⅔ percent of the royalty payments shall be allocated to the Sound Recordings Fund. 2⅝ percent of the royalty payments allocated to the Sound Recordings Fund shall be placed in an escrow account managed by an independent administrator jointly appointed by the interested copyright parties described in section 1001(7)(A) and the American Federation of Musicians (or any successor entity) to be distributed to nonfeatured musicians (whether or not members of the American Federation of Musicians or any successor entity) who have performed on sound recordings distributed in the United States. 1⅜ percent of the royalty payments allocated to the Sound Recordings Fund shall be placed in an escrow account managed by an independent administrator jointly appointed by the interested copyright parties described in section 1001(7)(A) and the American Federation of Television and Radio Artists (or any successor entity) to be distributed to nonfeatured vocalists (whether or not members of the American Federation of Television and Radio Artists or any successor entity) who have performed on sound recordings distributed in the United States. 40 percent of the remaining royalty payments in the Sound Recordings Fund shall be distributed to the interested copyright parties described in section 1001(7)(C), and 60 percent of such remaining royalty payments shall be distributed to the interested copyright parties described in section 1001(7)(A).
(2)The musical works fund.—
(A)33⅓ percent of the royalty payments shall be allocated to the Musical Works Fund for distribution to interested copyright parties described in section 1001(7)(B).
(B)(i)Music publishers shall be entitled to 50 percent of the royalty payments allocated to the Musical Works Fund.
(ii)Writers shall be entitled to the other 50 percent of the royalty payments allocated to the Musical Works Fund.
(c)Allocation of Royalty Payments Within Groups.—
If all interested copyright parties within a group specified in subsection (b) do not agree on a voluntary proposal for the distribution of the royalty payments within each group, the Copyright Royalty Judges shall, pursuant to the procedures specified under section 1007(c), allocate royalty payments under this section based on the extent to which, during the relevant period—
(1)for the Sound Recordings Fund, each sound recording was distributed in the form of digital musical recordings or analog musical recordings; and
(2)for the Musical Works Fund, each musical work was distributed in the form of digital musical recordings or analog musical recordings or disseminated to the public in transmissions.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (c). Pub. L. 108–419 substituted “Copyright Royalty Judges” for “Librarian of Congress shall convene a copyright arbitration royalty panel which” in introductory provisions. 1997—Subsec. (b)(1). Pub. L. 105–80 substituted “Federation of Television” for “Federation Television” before “and Radio Artists or any successor entity)”. 1993—Subsec. (c). Pub. L. 103–198 substituted “Librarian of Congress shall convene a copyright arbitration royalty panel which” for “Copyright Royalty Tribunal” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentAmendment by Pub. L. 108–419 effective 6 months after Nov. 30, 2004, subject to transition provisions, see section 6 of Pub. L. 108–419, set out as an

Effective Date

Transition Provisions note under section 801 of this title.

Reference

Citations & Metadata

Citation

17 U.S.C. § 1006

Title 17, Copyrights

Last Updated

Sep 22, 2026

Release point: 119-110