37 CFR § 384.2 - Definitions.

---
identifier: "/us/cfr/t37/s384.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "37 CFR § 384.2 - Definitions."
title_number: 37
title_name: "Patents, Trademarks, and Copyrights"
section_number: "384.2"
section_name: "Definitions."
chapter_name: "COPYRIGHT ROYALTY BOARD, LIBRARY OF CONGRESS"
subchapter_number: "E"
subchapter_name: "RATES AND TERMS FOR STATUTORY LICENSES"
part_number: "384"
part_name: "RATES AND TERMS FOR THE MAKING OF EPHEMERAL RECORDINGS BY BUSINESS ESTABLISHMENT SERVICES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "17 U.S.C. 112(e), 801(b)(1)."
regulatory_source: "73 FR 16199, Mar. 27, 2008, unless otherwise noted."
cfr_part: "384"
---


# 384.2 Definitions.

For purposes of this part, the following definitions shall apply:

*Business Establishment Service* means a service making transmissions of sound recordings under the limitation on exclusive rights specified by 17 U.S.C. 114(d)(1)(C)(iv).

*Collective* is the collection and distribution organization that is designated by the Copyright Royalty Judges. For the License Period, the Collective is SoundExchange, Inc.

*Copyright Owners* are sound recording copyright owners, and rights owners under 17 U.S.C. 1401(l)(2), who are entitled to royalty payments made under this part pursuant to the statutory license under 17 U.S.C. 112(e).

*Ephemeral Recording* is a phonorecord created for the purpose of facilitating a transmission of a public performance of a sound recording under the limitations on exclusive rights specified by 17 U.S.C. 114(d)(1)(C)(iv), and subject to the limitations specified in 17 U.S.C. 112(e).

*Licensee* is a Business Establishment Service that has obtained a compulsory license under 17 U.S.C. 112(e) and the implementing regulations therefor to make Ephemeral Recordings.

*Performers* means the independent administrators identified in 17 U.S.C. 114(g)(2)(B) and (C) and the parties identified in 17 U.S.C. 114(g)(2)(D).

*Qualified Auditor* is a certified public accountant.

[73 FR 16199, Mar. 27, 2008, as amended at 78 FR 66277, Nov. 5, 2013; 84 FR 32313, July 8, 2019]