[Federal Register: June 28, 1994]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201, 253, 255, and 259
[Docket Nos. RM 89-1 and 94-1A]
Copyright Arbitration Royalty Panels: Rules and Regulations
AGENCY: Copyright Office, Library of Congress.
ACTION: Final rule and corrections.
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SUMMARY: As directed in the Copyright Royalty Tribunal Reform Act of
1993, the Copyright Office of the Library of Congress adopted the rules
and regulations of the Tribunal that were found in 37 CFR chapter III
on an interim basis with only technical changes. It later issued
revised rules and regulations. The Office failed to amend one of the
existing Copyright Office regulations and also erred in several
sections of the revised interim regulations. The Office is making only
technical changes to correct those errors.
EFFECTIVE DATE: June 28, 1994.
FOR FURTHER INFORMATION CONTACT:
Eric Schwartz, Acting General Counsel, Library of Congress, Department
17, Washington, DC 20540. Telephone (202) 707-8380.
SUPPLEMENTARY INFORMATION: On December 17, 1993, the President signed
into law the Copyright Royalty Tribunal Reform Act of 1993 (Reform
Act). Pub. L. No. 103-198. Effective immediately upon enactment, the
Reform Act amended the Copyright Act, 17 U.S.C., by eliminating the
Copyright Royalty Tribunal and transferring its responsibilities and
duties to ad hoc copyright royalty panels, to be administered by the
Library of Congress and the Copyright Office. The copyright royalty
panels will be convened by the Librarian of Congress for limited times
for the purpose of adjusting rates and distributing royalties collected
under the compulsory licenses of the Copyright Code. See 17 U.S.C. 111,
115, 118, 119, and Chapter 10.
The Reform Act eliminated the Copyright Royalty Tribunal and
directed the Librarian of Congress to adopt immediately the rules and
regulations of the Tribunal in their entirety. We adopted the
Tribunal's regulations with certain technical amendments as interim
regulations on December 22, 1993 (58 FR 67690). In one part of these
interim regulations we changed the terms ``Copyright Royalty Tribunal''
and ``Tribunal'' wherever they appeared to ``copyright arbitration
royalty panels and/or Librarian of Congress''. We did not change any
references to the Tribunal in our own regulations at that time.
On May 9, 1994, we issued interim regulations in the Federal
Register (59 FR 23964) amending the interim regulations we had adopted
on December 22, 1993. In the amended regulations of May 9, 1994, we
made errors in Secs. 253.8(e); 255.3(g)(1); 259.1; 259.2,
259.3(d)(e)(f); and 259.4(a)(b)(d). In the December 22, 1993,
amendments, we had changed the designations ``Copyright Royalty
Tribunal'' and ``Tribunal'' to ``copyright arbitration royalty panels
and/or Librarian of Congress''. We failed to recognize all of these
changes when we revised the interim regulation on May 22, 1994, and
inserted ``Copyright Office'' in some sections. However, instead of
amending the existing terms ``copyright arbitration royalty panel and/
or Librarian of Congress'' we made these amendments to the already
deleted terms ``Copyright Royalty Tribunal'' and ``Tribunal'' or
``CRT''. This document will correct the errors found in the May 9,
1994, document.
Also, we did not earlier amend Sec. 201.16 (a) and (b)(3)(iii) of
our regulations to add ``the former'' in front of Copyright Royalty
Tribunal in Sec. 201.16(a) and change ``Copyright Royalty Tribunal'' to
``copyright arbitration royalty panels and/or Librarian of Congress''
in Sec. 201.16(b)(3)(iii). This rule is issued as a final rule for
Sec. 201.16 (a) and (b)(3)(iii) and a correction of the document of May
9, 1994.
List of Subjects
37 CFR 201
Copyright, Coin-operated, Phonorecord players.
37 CFR 253
Copyright, Music, Radio, Rates, Television.
37 CFR 255
Copyright, Music, Recordings.
37 CFR 259
Claims, Copyright, Digital audio recording devices and media.
For the reasons set out in the preamble, 37 CFR chapter II is
amended or corrected under the authority of 17 U.S.C. 702 and 802(d).
Sec. 201.16 [Amended]
1. Section 201.16 is amended.
1a. The authority citation for part 201 continues to read as
follows:
Authority: 17 U.S.C. 702 and 802(d).
1b. In paragraph (a) by adding ``the former'' in front of Copyright
Royalty Tribunal.
1c. In paragraph (b)(3)(iii) by removing ``Copyright Royalty
Tribunal'' and adding in its place ``copyright arbitration royalty
panel and/or Librarian of Congress''.
2. In the rule document beginning on page 23964 in the issue of
Monday, May 9, 1994, make the following corrections.
Sec. 255.3 [Corrected]
2a. On page 23993, in the third column in the amendment to
Sec. 255.3, remove ``Copyright Royalty Tribunal'' and replace it with
``copyright arbitration royalty panel and/or Librarian of Congress''.
Sec. 259.1 [Corrected]
2b. On page 23994, in the third column in the amendment to
Sec. 259.1, remove ``Copyright Royalty Tribunal'' and replace it with
``copyright arbitration royalty panel and/or Librarian of Congress''.
Sec. 259.2 [Corrected]
2c. On page 23994, in the third column in the amendment to
Sec. 259.2, remove ``Copyright Royalty Tribunal'' and replace it with
``copyright arbitration royalty panel and/or Librarian of Congress''.
Sec. 259.3 [Corrected]
2d. On page 23994, in the third column in the amendment to
Sec. 259.3, remove ``Copyright Royalty Tribunal'' and replace it with
``copyright arbitration royalty panel and/or Librarian of Congress''.
Sec. 259.4 [Corrected]
2e. On page 23995, in the first column in the amendment to
Sec. 259.4, remove ``Copyright Royalty Tribunal'' and replace it with
``copyright arbitration royalty panel and/or Librarian of Congress''.
Barbara Ringer,
Acting Registrar of Copyrights.
[FR Doc. 94-15524 Filed 6-27-94; 8:45 am]
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