[Federal Register: December 1, 2004 (Volume 69, Number 230)]
[Rules and Regulations]
[Page 69822-69823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de04-9]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 253
[Docket No. 2004-8 CARP NCBRA]
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 3.2% 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 in the BMI,
ASCAP and SESAC repertoires. The cost of living adjustment is based on
the change in the Consumer Price Index from October, 2003 to October,
2004.
DATES: January 1, 2005.
FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Associate General
Counsel, Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest
Station, Washington, D.C. 20024. Telephone: (202) 707-8380. Telefax:
(202) 252-3423.
SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act, 17 U.S.C.,
creates a compulsory license for the use of published nondramatic
musical works and published pictorial, graphic, and sculptural works in
connection with noncommercial broadcasting. Terms and rates for this
compulsory license, applicable to parties who are
[[Page 69823]]
not subject to privately negotiated licenses, are published in 37 CFR
part 253 and are subject to adjustment at five-year intervals. 17
U.S.C. 118(c).
The most recent proceeding to consider the terms and rates for the
section 118 license occurred in 2002. 67 FR 15414 (April 1, 2002).
Final regulations governing the terms and rates of copyright royalty
payments with respect to certain uses by public broadcasting entities
of published nondramatic musical works, and published pictorial,
graphic, and sculptural works for the license period beginning January
1, 2003, and ending December 31, 2007, were published in the Federal
Register on December 17, 2002. 67 FR 77170 (December 17, 2002).
Pursuant to these regulations, on December 1 of each year the
Librarian shall publish a notice of 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 prior to the
previous notice, to the most recent Index published prior to December
1, of that year. 37 CFR 253.10(a). The regulations also require that
the Librarian publish a revised schedule of rates for the public
performance of musical compositions in the ASCAP, BMI, and SESAC
repertoires by public broadcasting entities licensed to colleges and
universities, reflecting the change in the Consumer Price Index. 37 CFR
253.10(b). Accordingly, the Copyright Office of the Library of Congress
is hereby announcing the change in the Consumer Price Index and
performing the annual cost of living adjustment to the rates set out in
Sec. 253.5(c).
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, 2003, to the most recent
Index published before December 1, 2004, is 3.2% (2003's figure was
185.0; the figure for 2004 is 190.9, based on 1982-1984=100 as a
reference base). Rounding off to the nearest dollar, the royalty rates
for the use of musical compositions in the repertories of ASCAP, BMI,
and SESAC are $262, $262, and $85, respectively.
List of Subjects in 37 CFR Part 253
Copyright, Radio, Television.
Final Regulation
0
For the reasons set forth in the preamble, part 253 of title 37 of the
Code of Federal Regulations is amended as follows:
PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING
0
1. The authority citation for part 253 continues to read as follows:
Authority: 17 U.S.C. 118, 801(b)(1) and 803.
0
2. Section 253.5 is amended by revising paragraphs (c)(1) through
(c)(3) as follows:
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, $262
annually.
(2) For all such compositions in the repertory of BMI, $262
annually.
(3) For all such compositions in the repertory of SESAC, $85
annually.
* * * * *
Date: November 22, 2004
Marybeth Peters,
Register of Copyrights.
[FR Doc. 04-26265 Filed 11-30-04; 8:45 am]
BILLING CODE 1410-33-S