[Federal Register: December 1, 1998 (Volume 63, Number 230)]
[Rules and Regulations]
[Page 66042]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01de98-13]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 98-5 CARP]
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 1.5% 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, 1997, to October, 1998.
EFFECTIVE DATE: January 1, 1999.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya M. Sandros, Attorney Advisor, at Copyright Arbitration Royalty
Panel, P.O. Box 70977, Southwest Station, Washington, DC 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 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
last proceeding to adjust the terms and rates for the section 118
license began in 1996. 61 FR 54458 (October 18, 1996).
On January 14, 1998, the Copyright Office announced 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, including the 1998 rates for the public
performance of musical compositions in the ASCAP, BMI, and SESAC
repertories by public broadcasting entities licensed to colleges and
universities. 63 FR 2142 (January 14, 1998).
Pursuant to the regulations, on December 1 of each year ``the
Librarian of Congress shall publish a notice of the change in the cost
of living 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
repertories 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 cost of living Index and performing
the annual cost of living adjustment to the rates set out in
Sec. 253.5(c). 63 FR 2142 (January 14, 1998).
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, 1997, to the most recent
Index published before December 1, 1998, was 1.5% (1997's figure was
161.6; 1998's figure is 164.0, 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 $225, each, and $61 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. 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, $225
annually.
(2) For all such compositions in the repertory of BMI, $225
annually.
(3) For all such compositions in the repertory of SESAC, $61
annually.
* * * * *
Dated: November 19, 1998.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 98-31658 Filed 11-30-98; 8:45 am]
BILLING CODE 1410-33-P