[Federal Register: November 29, 2002 (Volume 67, Number 230)]
[Rules and Regulations]
[Page 71105]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 253
[Docket No. 2002-4 CARP NCBRA]
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 2.0 percent 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 in the BMI and
ASCAP repertories. The cost of living adjustment is based on the change
in the Consumer Price Index from October 2001, to October 2002.
EFFECTIVE DATE: January 1, 2003.
FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Senior Attorney,
Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station,
Washington, D.C. 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 most recent
proceeding to adjust the terms and rates for the section 118 license
began in April of this year. 67 FR 15414 (April 1, 2002).
On October 30, 2002, the Copyright Office announced proposed
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 a provision to adjust Sec. 253.10
which provides for an annual cost of living adjustment of the rates for
the public performance of musical compositions in the ASCAP and BMI
repertories by public broadcasting entities licensed to colleges and
universities set forth in Sec. 253.5 for the new license period, 2003-
2007. 67 FR 66090 (October 30, 2002). Under the proposed rules, the
Sec. 253.5 rate for the public performance of musical compositions in
the SESAC repertory will be $80 for 2003, subject to an annual cost of
living adjustment in each subsequent year thereafter during the
licensing period.
Section 253.10(b) requires 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. Accordingly, the Copyright Office of the Library
of Congress is hereby announcing the change in the Consumer Price Index
and performing the proposed annual cost of living adjustment to the
rates set out in Sec. 253.5(c) for the public performance of musical
compositions in the BMI and ASCAP repertories in accordance with the
October 30 proposed regulations.
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, 2001, to the most recent
Index published before December 1, 2002, is 2% (2001's figure was
177.7; the figure for 2001 is 181.3, based on 1982-1984=100 as a
reference base). Rounding off to the nearest dollar, the royalty rate
for the use of musical compositions in the repertory of ASCAP is $249
and the use of the musical compositions in the repertory of BMI is the
same, $249.
If no comments are received regarding the proposed amendments to
Sec. Sec. 253.5 and 253.10 announced in the October 30 Federal
Register notice and the final rules are published before January 1,
2003, the cost of living adjustments announced in this notice shall
become effective on January 1, 2003.
List of Subjects in 37 CFR Part 253
Copyright, Radio, Television.
Final Regulation
For the reasons set forth in the preamble, part 253 of title 37 of
the Code of Federal Regulations is amended as follows:
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)(2) as follows:
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, $249
annually.
(2) For all such compositions in the repertory of BMI, $249
annually.
* * * * *
Dated: November 21, 2002.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 02-30145 Filed 11-27-02; 8:45 am]
BILLING CODE 1410-33-P