[Federal Register: February 13, 1995 (Volume 60, Number 29)]
[Rules and Regulations]
[Page 8196-8198]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe95-7]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 251, 252, 253, 254, 255, 256, 257, 258, and 259
[Docket No. RM 93-12 and RM 94-1A]
Copyright Arbitration Royalty Panels; Correction
AGENCY: Copyright Office, Library of Congress.
ACTION: Correction to regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the former Copyright
Royalty Tribunal (CRT) regulations that were reissued by the Library of
Congress and the Copyright Office on December 22, 1993, and to the
interim copyright arbitration rules that were published on May 9, 1994.
EFFECTIVE DATE: These corrections are effective February 13, 1995.
FOR FURTHER INFORMATION CONTACT: William Roberts, Senior Attorney,
[[Page 8197]] Copyright Arbitration Royalty Panels, P.O. Box 70977,
Southwest Station, Washington, D.C. 20024 (202-707-8380).
SUPPLEMENTARY INFORMATION: On December 17, 1993, the Copyright Royalty
Tribunal was abolished, and its functions were transferred to copyright
arbitration royalty panels (CARPs) to be convened and supported by the
Library of Congress and the Copyright Office. Copyright Royalty
Tribunal Reform Act of 1993 (CRT Reform Act), Pub.L. No. 103-198, 107
Stat. 2304 (1993). The CRT Reform Act directed the Library and the
Office to adopt the rules and regulations of the former CRT until later
rules were adopted. Accordingly, the CRT's rules were republished on
December 22, 1993. 58 FR 67690 (December 22, 1993).
The Library and the Office adopted interim rules on May 9, 1994,
and final rules on December 7, 1994 adapting the former CRT rules to
the new copyright arbitration system. 59 FR 23964 (May 9, 1994); 59 FR
63025 (December 7, 1994).
In reviewing the former CRT rules and our new CARP rules, we have
discovered a number of substantive and nonsubstantive technical errors.
The first was an error in the interim rules published on May 9,
1994, in which the reference in Sec. 251.32(a) to ``Sec. 251.30''
should read ``Sec. 251.31''.
The second error occurred in Sec. 251.52(c), Proposed findings and
conclusions. To distinguish between proposed findings of fact and
proposed conclusions, the sentence in paragraph (c) which reads,
``Proposed findings shall be stated separately.'', should be removed
from paragraph (c) and placed in a new paragraph (d).
The third was an error in the 1992 public broadcasting rate
adjustment proceeding at the CRT. In Sec. 253.6(c)(4), the rate listed
there is applicable to the years 1993-1997, not 1988-1992, as
published.
The fourth error is found in Sec. 254.2 which defines coin-operated
phonorecord player. The section references the definition in former
section 116 of the Copyright Act, which was repealed by the CRT Reform
Act. Section 254.2 is therefore revised by inserting the definitional
langauge formerly contained in section 116.
The fifth correction is to the mechanical royalty rates listed in
Sec. 255.3. When the CRT adjusted the royalty rate in 1993 to take
effect in 1994, it dropped an earlier paragraph that described the
rates that were in effect for the period 1992-1993. It left the
impression that the rates effective starting in 1990 were in effect for
four years, instead of two. We are restoring that paragraph, so that
all the rates, beginning in 1981, are listed in the rules.
The sixth correction is removal of the reference, ``(Supp. IV
1992)'', wherever it appears in part 259. The reference, ``(Supp. IV
1992)'', refers to the Audio Home Recording Act of 1992, Pub.L. No.
102-563, 106 Stat. 4237, which amended Title 17, of the U.S. Code, by
adding a new Chapter 10. Since the Audio Home Recording Act has been
incorporated into title 17 at Chapter 10, there is no need to continue
citation to the Supplement.
The seventh correction is to Sec. 259.2, the section on filing a
claim for digital audio recording royalties. When we published our
interim rules on May 9, 1994, the Office substituted the phrase
``Library of Congress'' or ``Copyright Office'', as appropriate, for
``Copyright Royalty Tribunal'' wherever the phrase was found. However,
in reviewing Sec. 259.2, it appears that it would have been more
accurate to substitute the phrase ``Copyright Office and/or Copyright
Arbitration Panels'' for ``Copyright Royalty Tribunal'' as a
recognition of the split nature of the proceedings.
And finally, three terms will be added to the List of Subjects.
Under the heading, 37 CFR Part 258, the term ``Cable television''
should be replaced with the term ``Satellite'' to more accurately
reflect the content of this section. Additionally, the term ``rate''
shall be added to the headings, 37 CFR Part 255 and 37 CFR Part 258.
The addition of this term will harmonize the subject lists for these
sections with the headings for 37 CFR 253, 37 CFR Part 254 and 37 CFR
Part 256. We are making that change here and correcting any
nonsubstantive technical errors.
List of Subjects
37 CFR Part 251
Administrative practice and procedure, Hearing and appeal
procedures.
37 CFR Part 252
Cable television, Claims, Copyright.
37 CFR Part 253
Copyright, Music, Radio, Rates, Television.
37 CFR Part 254
Copyright, Jukeboxes, Rates.
37 CFR Part 255
Copyright, Music, Recordings.
37 CFR Part 256
Cable television, Rates.
37 CFR Part 257
Claims, Copyright, Satellites.
37 CFR Part 258
Copyright, Satellites.
37 CFR Part 259
Claims, Copyright, Digital audio recording devices and media.
PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE
Accordingly, 37 CFR chapter II is corrected by making the following
corrections and amendments:
1. and 2. The authority citation for part 251 continues to read as
follows:
Authority: 17 U.S.C. 801-803.
Sec. 251.13 [Corrected]
3. Section 251.13(f) is corrected by adding an ``a'' before the
word ``clearly''.
Sec. 251.32 [Corrected]
4. In Sec. 251.32(a), the reference to ``Sec. 251.30'' is revised
to read ``Sec. 251.31''.
Sec. 251.33 [Corrected]
5. The first sentence in Sec. 251.33(c) is corrected by replacing
the word ``a'' with ``an'' in the phrase ``to serve as a arbitrator''.
Sec. 251.38 [Corrected]
6. In Sec. 251.38(b), the word ``for'' is added before the word
``travel''.
Sec. 251.44 [Corrected]
7. In Sec. 251.44(e)(1), the first ``it'' in the last sentence is
revised to read ``the document''.
8. Section 251.44(g) is corrected by revising ``telefacsimile'' to
read ``facsimile''.
9. Section 251.48(f)(1)(ii) is revised to read as follows:
Sec. 251.48 Rules of evidence.
* * * * *
(b) * * *
(1) * * *
(ii) An explanation of the method of selecting the sample and of
the characteristics which were measured and counted.
* * * * *
Sec. 251.50 [Corrected]
10. In Sec. 251.50, ``That'' is revised to read ``that''.
Sec. 251.52 [Amended]
11. In Sec. 251.52 the sentence which reads, ``Proposed conclusions
shall be stated separately.'' is removed from paragraph (c) and a new
paragraph (d) is added to read as follows: [[Page 8198]]
Sec. 251.52 Proposed findings and conclusions.
* * * * *
(d) Proposed conclusions shall be stated separately.
PART 252--FILING OF CLAIMS TO CABLE ROYALTY FEES
12. and 13. The authority citation for part 252 continues to read
as follows:
Authority: 17 U.S.C. 111(d)(4), 801, 803.
Sec. 252.1 [Corrected]
14. Section 252.1 is corrected by removing the word ``to'' before
the U.S. Code citation.
PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING
15. The authority citation for part 253 continues to read as
follows:
Authority: 17 U.S.C. 118, 801(b)(1) and 803.
Sec. 253.6 [Corrected]
16. In Sec. 253.6(c)(4), the phrase ``1988 through 1992,'' is
revised to read ``1993 through 1997,''.
PART 254--ADJUSTMENT OF ROYALTY RATE FOR COIN-OPERATED PHONORECORD
PLAYERS
17. The authority citation for part 254 continues to read as
follows:
Authority: 17 U.S.C. 116, 801(b)(1).
Sec. 254.2 [Corrected]
18. Section 254.2 is revised to read as follows:
Sec. 254.2 Definition of coin-operated phonorecord player.
As used in this part, the term coin-operated phonorecord player is
a machine or device that:
(a) Is employed solely for the performance of nondramatic musical
works by means of phonorecords upon being activated by insertion of
coins, currency, tokens, or other monetary units or their equivalent;
(b) Is located in an establishment making no direct or indirect
charge for admission;
(c) Is accompanied by a list of the titles of all the musical works
available for performance on it, which list is affixed to the
phonorecord player or posted in the establishment in a prominent
position where it can be readily examined by the public; and
(d) Affords a choice of works available for performance and permits
the choice to be made by the patrons of the establishment in which it
is located.
PART 255--ADJUSTMENT OF ROYALTY PAYABLE UNDER COMPULSORY LICENSE
FOR MAKING AND DISTRIBUTING PHONORECORDS
19. The authority citation for part 255 continues to read as
follows:
Authority: 17 U.S.C. 801(b)(1) and 803.
Sec. 255.3 [Corrected]
20. In Sec. 255.3, paragraph (a), the phrase ``paragraphs (b), (c),
(d), (e), (f) and (g) of this section.'' is revised to read
``paragraphs (b), (c), (d), (e), (f), (g) and (h) of this section.''
21. In Sec. 255.3, paragraph (b), the phrase ``paragraphs (c), (d),
(e), (f) and (g) of this section.'' is revised to read ``paragraphs
(c), (d), (e), (f), (g) and (h) of this section.''
22. In Sec. 255.3, paragraph (c), the phrase ``paragraphs (d), (e),
(f) and (g) of this section.'' is revised to read ``paragraphs (d),
(e), (f), (g) and (h) of this section.''
23. In Sec. 255.3, paragraph (d), the phrase ``paragraphs (e), (f)
and (g) of this section.'' is revised to read ``paragraphs (e), (f),
(g) and (h) of this section.''
24. In Sec. 255.3, paragraph (e), the phrase ``paragraphs (f) and
(g) of this section.'' is revised to read ``paragraphs (f), (g) and (h)
of this section.''
25. In Sec. 255.3, paragraphs (f) and (g) are redesignated (g) and
(h), respectively, the reference in redesignated paragraph (g) to
``paragraph (g)'' is revised to read ``paragraph (h)'', and a new
paragraph (f) is added as follows:
Sec. 255.3 Adjustment of royalty rate.
* * * * *
(f) For every phonorecord made and distributed on or after January
1, 1992, the royalty payable with respect to each work embodied in the
phonorecord shall be 6.25 cents, or 1.2 cents per minute of playing
time or fraction thereof, whichever amount is larger, subject to
further adjustment pursuant to paragraphs (g) and (h) of this section.
* * * * *
PART 256--ADJUSTMENT OF ROYALTY FEE FOR CABLE COMPULSORY LICENSE
26. The authority citation for part 256 continues to read as
follows:
Authority: 17 U.S.C. 702, 802.
Sec. 256.1 [Corrected]
27. The first sentence of Sec. 256.1 is corrected by revising
``or'' to read ``for''.
PART 259--FILING OF CLAIMS TO DIGITAL AUDIO RECORDING DEVICES AND
MEDIA ROYALTY PAYMENTS
28. The authority citation for part 259 continues to read as
follows:
Authority: 17 U.S.C. 1007(a)(1).
Sec. 259.1 [Amended]
29. Section 259.1 is amended by removing all references to ``(Supp.
IV 1992)''.
Sec. 259.2 [Corrected]
30. In paragraphs (a) and (b) of Sec. 259.2, ``and/or Copyright
Arbitration Royalty Panels'' is added after the phrase ``Copyright
Office'' and before the phrase ``in royalty filing''.
Sec. 259.3 [Amended]
31. Paragraph (a) of Sec. 259.3 is amended by removing all
references to ``(Supp. IV 1992)''.
Sec. 259.4 [Amended]
32. Paragraphs (a) and (b) of Sec. 259.4 are amended by removing
all references to ``(Supp. IV 1992)''.
Dated: February 7, 1995.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 95-3497 Filed 2-10-95; 8:45 am]
BILLING CODE 1410-33-P