Title 17CopyrightsRelease 119-73not60

§1006 Entitlement to Royalty Payments

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

Last updated Apr 5, 2026|Official source

Summary

Royalty money collected under section 1005 must be paid out, under the rules in section 1007, to copyright owners whose musical work or sound recording was included in a lawfully made recording that was distributed or publicly transmitted during the payment period, and who filed a claim under section 1007. The money is split into two funds. The Sound Recordings Fund gets 66 2/3 percent. Of that fund, 2 5/8 percent goes into an escrow account for nonfeatured musicians and 1 3/8 percent goes into an escrow account for nonfeatured vocalists. After those amounts are set aside, the rest of the Sound Recordings Fund is split 40 percent to the group named in section 1001(7)(C) and 60 percent to the group named in section 1001(7)(A). The Musical Works Fund gets 33 1/3 percent and is split 50/50 between music publishers and writers. If a group cannot agree on how to divide its share, the Copyright Royalty Judges will divide it based on how much each recording or musical work was actually distributed in the covered forms during the period.

Full Legal Text

Title 17, §1006

Copyrights — Source: USLM XML via OLRC

(a)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)The royalty payments shall be divided into 2 funds as follows:
(1)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)(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)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 17Copyrights

Last Updated

Apr 5, 2026

Release point: 119-73not60