[Federal Register: November 29, 1994]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 253
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 2.6% in the royalty rates paid by college,
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 an annual adjustment required by 37 CFR 253.10(b) of the
Copyright Office's rules.
EFFECTIVE DATE: January 1, 1995.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General
Counsel, Copyright GC/I&R, PO Box 70400, 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. It was determined in that proceeding
that the royalty rate to be paid by colleges, universities, and other
nonprofit educational institutions that are not affiliated with
National Public Radio for the use of copyrighted published nondramatic
musical compositions would be adjusted each year according to changes
in the Consumer Price Index. 37 CFR 304.10. Accordingly, last year, the
Tribunal published a cost of living adjustment on December 1, 1993. 58
FR 63294.
On December 17, 1993, the Copyright Royalty Tribunal was abolished
by Congress. 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.
Former 37 CFR 304.10, which calls for annual cost of living
adjustments to rates paid by college and university radio stations for
music, was renumbered 37 CFR 253.10, in a later action. 59 FR 23964
(1994).
As a result, 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, 1993 to the most recent Index
published before December 1, 1994 was 2.6% (1993's figure was 145.7;
1994's figure was 149.5, based on 1982-1984 equalling 100). 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 $205,
each, and $48 for the use of musical compositions in the repertory of
SESAC.
List of Subjects in 37 CFR Part 253
Copyrights, Music, Radio, Television.
PART 253--[AMENDED]
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 annually:
$205.
(2) For all such compositions in the repertory of BMI annually:
$205.
(3) For all such compositions in the repertory of SESAC annually:
$48.
* * * * *
Marybeth Peters,
Register of Copyrights.
Dated: November 17, 1994.
James H. Billington,
The Librarian of Congress.
[FR Doc. 94-29250 Filed 11-28-94; 8:45 am]
BILLING CODE 1410-33-P