[Federal Register Volume 61, Number 231 (Friday, November 29, 1996)]
[Rules and Regulations]
[Page 60613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30483]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 253
[Docket No. 96-8 CARP]
Copyright Office; Cost of Living Adjustment for Performance of
Musical Compositions by Colleges and Universities
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule.
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SUMMARY: The Copyright Office of the Library of Congress announces a
cost of living adjustment of 3.0% in the royalty rates paid by
colleges, universities, or other nonprofit educational institutions
that are not affiliated with National Public Radio, for the use of
copyrighted published nondramatic musical compositions. The cost of
living adjustment is based on the change in the Consumer Price Index
from October, 1995, to October, 1996.
EFFECTIVE DATE: January 1, 1997.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General
Counsel, or Tanya Sandros, Copyright Arbitration Royalty Panel
Specialist, at Copyright Arbitration Royalty Panel, P.O. Box 70977,
Southwest Station, Washington, D.C. 20024. Telephone: (202) 707-8380.
Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION: On December 22, 1992, the Copyright Royalty
Tribunal published in the Federal Register final rules governing the
terms and rates of copyright royalty payments with respect to certain
uses by noncommercial educational broadcast stations of published
nondramatic musical works and published pictorial, graphic and
sculptural works. 57 FR 60957 (December 22, 1992). The Copyright
Royalty Tribunal determined in that proceeding that colleges,
universities, and other noneducational institutions which are not
affiliated with National Public Radio would pay a royalty rate adjusted
each year according to changes in the Consumer Price Index for the use
of copyrighted published nondramatic musical compositions. 37 CFR
304.10. Accordingly, the Tribunal published a cost of living adjustment
on December 1, 1993. 58 FR 63294 (December 1, 1993).
On December 17, 1993, Congress abolished the Copyright Royalty
Tribunal. Copyright Royalty Tribunal Reform Act of 1993 (CRT Reform
Act), Pub. L. 103-198, 107 Stat. 2304. The CRT Reform Act directed the
Library of Congress and the Copyright Office to adopt the rules and
regulations of the CRT as found in chapter 3 of 37 CFR. 17 U.S.C.
802(d). The Office subsequently reissued the CRT regulations on
December 22, 1993. 58 FR 67690 (December 22, 1993).
In a later action, former 37 CFR 304.10, which calls for the annual
cost of living adjustments to rates paid by college and university
radio stations, was renumbered 37 CFR 253.10. 59 FR 23964 (May 9,
1994).
Accordingly, the Copyright Office of the Library of Congress is
hereby performing the annual cost of living adjustment pursuant to the
1992 public broadcasting rate adjustment proceeding.
The change in the cost of living as determined by the Consumer
Price Index (all consumers, all items) during the period from the most
recent Index published before December 1, 1995, to the most recent
Index published before December 1, 1996, was 3.0% (1995's figure was
153.7; 1996's figure is 158.3, based on 1982-1984=100 as a reference
base). Rounding off to the nearest dollar, the adjustment in the
royalty rate for the use of musical compositions in the repertory of
ASCAP and BMI is $217, each, and $50 for the use of musical
compositions in the repertory of SESAC.
List of Subjects in 37 CFR Part 253
Copyright, Radio, Television.
PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING
1. The authority citation for Part 253 continues to read as
follows:
Authority: 17 U.S.C. 118, 801(b)(1) and 803.
2. 37 CFR 253.5 is amended by revising paragraphs (c)(1) through
(c)(3).
Sec. 253.5 Performance of musical compositions by public broadcasting
entities licensed to colleges and universities.
* * * * *
(c) * * *
(1) For all such compositions in the repertory of ASCAP, $217
annually.
(2) For all such compositions in the repertory of BMI, $217
annually.
(3) For all such compositions in the repertory of SESAC, $50
annually.
* * * * *
Dated: November 22, 1996.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 96-30483 Filed 11-27-96; 8:45 am]
BILLING CODE 1410-33-P
