|December 17, 2013|
Previously published on December 13, 2013
The Copyright Office, which recently announced the establishment of a schedule of filing fees that must accompany the submission of each statement of account form submitted by a cable operator, has published updated versions of Forms SA1-2 and SA3 that require cable operators to include the appropriate filing fee amount ($15 for SA1; $20 for SA2; and $725 for SA3) as part of the total royalty payment due in Space L of the forms. If a cable operator fails to include the proper filing fee, the Office will deduct the necessary amount from the total royalty paid, resulting in an underpayment of the royalties due that could subject the operator to a demand for additional payments (with interest) or even a threat of infringement liability.
The updated statement of account forms should be used in reporting and calculating royalty payments for the 2013/2 (July 1-December 31, 2013) accounting period, which are due March 3, 2014. Filing fee payments also are due with the late-submission of statements of account for prior accounting periods.
The Office has granted permission for users of the Time Warner Cable “Excel Template” versions of Forms SA1-2 and SA3 to include the filing fee on a “Filing Fee Addendum.” Time Warner Cable is awaiting approval of the format of the Addendum, which hopefully will occur before the end of the year.