[Federal Register: December 1, 1995 (Volume 60, Number 231)]
[Rules and Regulations]               
[Page 61654-61655]

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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 253

[Docket No. 95-3 CARP]

 
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 

[[Page 61655]]
living adjustment of 2.8% 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, 1994, to October, 1995.

EFFECTIVE DATE: January 1, 1996.

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, DC 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), Public Law 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 37 CFR Chapter III. 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, 1994, to the most recent 
Index published before December 1, 1995, was 2.8% (1994's figure was 
149.5; 1995's figure was 153.7, 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 $211 each and $49 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. Section 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, $211 
annually.
    (2) For all such compositions in the repertory of BMI, $211 
annually.
    (3) For all such compositions in the repertory of SESAC, $49 
annually.
* * * * *
    Dated: November 21, 1995.
Marybeth Peters,
Register of Copyrights.

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