[Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15524]


[Federal Register: June 28, 1994]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201, 253, 255, and 259

[Docket Nos. RM 89-1 and 94-1A]


Copyright Arbitration Royalty Panels: Rules and Regulations

AGENCY: Copyright Office, Library of Congress.

ACTION: Final rule and corrections.

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SUMMARY: As directed in the Copyright Royalty Tribunal Reform Act of 
1993, the Copyright Office of the Library of Congress adopted the rules 
and regulations of the Tribunal that were found in 37 CFR chapter III 
on an interim basis with only technical changes. It later issued 
revised rules and regulations. The Office failed to amend one of the 
existing Copyright Office regulations and also erred in several 
sections of the revised interim regulations. The Office is making only 
technical changes to correct those errors.

EFFECTIVE DATE: June 28, 1994.

FOR FURTHER INFORMATION CONTACT:
Eric Schwartz, Acting General Counsel, Library of Congress, Department 
17, Washington, DC 20540. Telephone (202) 707-8380.

SUPPLEMENTARY INFORMATION: On December 17, 1993, the President signed 
into law the Copyright Royalty Tribunal Reform Act of 1993 (Reform 
Act). Pub. L. No. 103-198. Effective immediately upon enactment, the 
Reform Act amended the Copyright Act, 17 U.S.C., by eliminating the 
Copyright Royalty Tribunal and transferring its responsibilities and 
duties to ad hoc copyright royalty panels, to be administered by the 
Library of Congress and the Copyright Office. The copyright royalty 
panels will be convened by the Librarian of Congress for limited times 
for the purpose of adjusting rates and distributing royalties collected 
under the compulsory licenses of the Copyright Code. See 17 U.S.C. 111, 
115, 118, 119, and Chapter 10.
    The Reform Act eliminated the Copyright Royalty Tribunal and 
directed the Librarian of Congress to adopt immediately the rules and 
regulations of the Tribunal in their entirety. We adopted the 
Tribunal's regulations with certain technical amendments as interim 
regulations on December 22, 1993 (58 FR 67690). In one part of these 
interim regulations we changed the terms ``Copyright Royalty Tribunal'' 
and ``Tribunal'' wherever they appeared to ``copyright arbitration 
royalty panels and/or Librarian of Congress''. We did not change any 
references to the Tribunal in our own regulations at that time.
    On May 9, 1994, we issued interim regulations in the Federal 
Register (59 FR 23964) amending the interim regulations we had adopted 
on December 22, 1993. In the amended regulations of May 9, 1994, we 
made errors in Secs. 253.8(e); 255.3(g)(1); 259.1; 259.2, 
259.3(d)(e)(f); and 259.4(a)(b)(d). In the December 22, 1993, 
amendments, we had changed the designations ``Copyright Royalty 
Tribunal'' and ``Tribunal'' to ``copyright arbitration royalty panels 
and/or Librarian of Congress''. We failed to recognize all of these 
changes when we revised the interim regulation on May 22, 1994, and 
inserted ``Copyright Office'' in some sections. However, instead of 
amending the existing terms ``copyright arbitration royalty panel and/
or Librarian of Congress'' we made these amendments to the already 
deleted terms ``Copyright Royalty Tribunal'' and ``Tribunal'' or 
``CRT''. This document will correct the errors found in the May 9, 
1994, document.
    Also, we did not earlier amend Sec. 201.16 (a) and (b)(3)(iii) of 
our regulations to add ``the former'' in front of Copyright Royalty 
Tribunal in Sec. 201.16(a) and change ``Copyright Royalty Tribunal'' to 
``copyright arbitration royalty panels and/or Librarian of Congress'' 
in Sec. 201.16(b)(3)(iii). This rule is issued as a final rule for 
Sec. 201.16 (a) and (b)(3)(iii) and a correction of the document of May 
9, 1994.

List of Subjects

37 CFR 201

    Copyright, Coin-operated, Phonorecord players.

37 CFR 253

    Copyright, Music, Radio, Rates, Television.

37 CFR 255

    Copyright, Music, Recordings.

37 CFR 259

    Claims, Copyright, Digital audio recording devices and media.

    For the reasons set out in the preamble, 37 CFR chapter II is 
amended or corrected under the authority of 17 U.S.C. 702 and 802(d).


Sec. 201.16  [Amended]

    1. Section 201.16 is amended.
    1a. The authority citation for part 201 continues to read as 
follows:

    Authority: 17 U.S.C. 702 and 802(d).

    1b. In paragraph (a) by adding ``the former'' in front of Copyright 
Royalty Tribunal.
    1c. In paragraph (b)(3)(iii) by removing ``Copyright Royalty 
Tribunal'' and adding in its place ``copyright arbitration royalty 
panel and/or Librarian of Congress''.
    2. In the rule document beginning on page 23964 in the issue of 
Monday, May 9, 1994, make the following corrections.


Sec. 255.3  [Corrected]

    2a. On page 23993, in the third column in the amendment to 
Sec. 255.3, remove ``Copyright Royalty Tribunal'' and replace it with 
``copyright arbitration royalty panel and/or Librarian of Congress''.


Sec. 259.1  [Corrected]

    2b. On page 23994, in the third column in the amendment to 
Sec. 259.1, remove ``Copyright Royalty Tribunal'' and replace it with 
``copyright arbitration royalty panel and/or Librarian of Congress''.


Sec. 259.2  [Corrected]

    2c. On page 23994, in the third column in the amendment to 
Sec. 259.2, remove ``Copyright Royalty Tribunal'' and replace it with 
``copyright arbitration royalty panel and/or Librarian of Congress''.


Sec. 259.3  [Corrected]

    2d. On page 23994, in the third column in the amendment to 
Sec. 259.3, remove ``Copyright Royalty Tribunal'' and replace it with 
``copyright arbitration royalty panel and/or Librarian of Congress''.


Sec. 259.4  [Corrected]

    2e. On page 23995, in the first column in the amendment to 
Sec. 259.4, remove ``Copyright Royalty Tribunal'' and replace it with 
``copyright arbitration royalty panel and/or Librarian of Congress''.
Barbara Ringer,
Acting Registrar of Copyrights.
[FR Doc. 94-15524 Filed 6-27-94; 8:45 am]
BILLING CODE 1410-09-M