[Federal Register Volume 59, Number 228 (Tuesday, November 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29250]


[[Page Unknown]]

[Federal Register: November 29, 1994]


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LIBRARY OF CONGRESS

Copyright Office

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 2.6% in the royalty rates paid by college, 
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 an annual adjustment required by 37 CFR 253.10(b) of the 
Copyright Office's rules.

EFFECTIVE DATE: January 1, 1995.

FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General 
Counsel, Copyright GC/I&R, PO Box 70400, Southwest Station, Washington, 
D.C. 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. It was determined in that proceeding 
that the royalty rate to be paid by colleges, universities, and other 
nonprofit educational institutions that are not affiliated with 
National Public Radio for the use of copyrighted published nondramatic 
musical compositions would be adjusted each year according to changes 
in the Consumer Price Index. 37 CFR 304.10. Accordingly, last year, the 
Tribunal published a cost of living adjustment on December 1, 1993. 58 
FR 63294.
    On December 17, 1993, the Copyright Royalty Tribunal was abolished 
by Congress. Copyright Royalty Tribunal Reform Act of 1993 (CRT Reform 
Act), Pub. L. 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 chapter 3 of 37 CFR. 17 U.S.C. 
802(d). The Office subsequently reissued the CRT regulations on 
December 22, 1993. 58 FR 67690.
    Former 37 CFR 304.10, which calls for annual cost of living 
adjustments to rates paid by college and university radio stations for 
music, was renumbered 37 CFR 253.10, in a later action. 59 FR 23964 
(1994).
    As a result, 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, 1993 to the most recent Index 
published before December 1, 1994 was 2.6% (1993's figure was 145.7; 
1994's figure was 149.5, based on 1982-1984 equalling 100). 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 $205, 
each, and $48 for the use of musical compositions in the repertory of 
SESAC.

List of Subjects in 37 CFR Part 253

    Copyrights, Music, Radio, Television.

PART 253--[AMENDED]

    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 annually: 
$205.
    (2) For all such compositions in the repertory of BMI annually: 
$205.
    (3) For all such compositions in the repertory of SESAC annually: 
$48.
* * * * *
Marybeth Peters,
Register of Copyrights.
Dated: November 17, 1994.
James H. Billington,
The Librarian of Congress.
[FR Doc. 94-29250 Filed 11-28-94; 8:45 am]
BILLING CODE 1410-33-P