[Federal Register Volume 62, Number 230 (Monday, December 1, 1997)]
[Proposed Rules]
[Pages 63502-63506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31295]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 253

[Docket No. 96-6 CARP NCBRA]


Noncommercial Educational Broadcasting Compulsory License

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Copyright Office of the Library of Congress is submitting 
for public comment additional settlement proposals for the adjustment 
of the royalty rates for the noncommercial educational broadcasting 
compulsory license and proposed regulations for implementing these 
rates.

DATES: Comments and Notices of Intent to Participate are due by 
December 29, 1997. If comments and Notices of Intent to Participate are 
not received by this date, the proposed terms and rates shall become 
effective on January 1, 1998.

ADDRESSES: If sent by mail, an original and five copies of comments, 
and Notices of Intent to Participate, should be addressed to: Copyright 
Arbitration Royalty Panel (CARP), P.O. Box 70977, Southwest Station, 
Washington, DC 20024. If hand delivered, an original and five copies of 
comments, and Notices of Intent to Participate, should be brought to: 
Office of the Copyright General Counsel, James Madison Memorial 
Building, Room LM-407, First and Independence Avenue, SE., Washington, 
DC 20540.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, 
William J. Roberts, Senior Attorney, or Tanya Sandros, Attorney 
Advisor, Copyright Arbitration Royalty Panel (CARP), P.O. Box 70977, 
Southwest Station, Washington, D.C. 20024. Telephone (202) 707-8380. 
Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION:

I. Background

    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 
adjustment of the terms and rates for the section 118 license occurred 
in 1992, making 1997 a window year for the adjustment of these terms 
and rates. 57 FR 60954 (December 22, 1992).
    Section 118(b) provides that any copyright owner and any public 
broadcasting entity may negotiate the rates and terms for the 
compulsory license, or in the absence of a negotiated license,

    The Librarian of Congress shall, pursuant to Chapter 8, convene 
a copyright arbitration royalty panel to determine and publish in 
the Federal Register a schedule of rates and terms which, subject to 
paragraph (2), shall be binding on all owners of copyright in works 
specified by this subsection and public broadcasting entities, 
regardless of whether such copyright owners have submitted proposals 
to the Librarian of Congress * * *

    Interested parties who submit proposals for adjusting the terms and 
rates for the section 118 license directly to the Librarian of Congress 
may petition the Librarian to submit these proposals to a public notice 
and comment proceeding, whereby copyright owners and users that would 
be affected by the proposals are given the opportunity to challenge 
them. 37 CFR 251.63. Any party who objects to the proposed terms and 
rates must submit, in turn, its challenges by a date certain, and must 
be entitled to participate in the CARP proceeding adjusting the section 
118 terms and rates. If no challenges are received, or if challenges 
are received by an interested party who will not participate in a CARP 
proceeding, the Librarian may adopt the terms and rates of the 
proposals.
    Accordingly, interested copyright owners and users of these works 
may file either a voluntary agreement or a joint proposal outlining the 
adjustments to the terms and rates for the section 118 license; or in 
the case of unaffiliated copyright owners,1 the users may 
submit their proposals for the adjustment of the terms and rates of the 
section 118 license directly to the Librarian of Congress. See 62 FR 
51619 (October 2, 1997). A joint proposal differs significantly from a 
voluntary settlement. The parties to a voluntary agreement represent 
all persons who would be affected by the agreement and the parties have 
the authority to bind their members. In a joint proposal, the parties 
to the agreement do not represent all persons who would be affected by 
the agreement, or if they do, at least one of the parties does not have 
the authority to bind its members.
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    \1\ An unaffiliated copyright owner is one whose interests are 
not represented by a performing rights society, or by any other 
organization participating in the proceeding.
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II. This Proceeding

A. The Interested Parties

    Seven parties filed notices of intent to participate with the 
Copyright Office in a proceeding to adjust the terms and rates of the 
section 118 license. Two additional parties, The American Council on 
Education and The National Federation of Community Broadcasters, 
participated in the negotiations of the joint proposals which certain 
parties filed with the Office on October 1, 1997. The following parties 
represent users of copyrighted works in this proceeding:
    Public Broadcasting Services (PBS)--a non-profit membership 
corporation which, among other things, represents the interests of its 
member noncommercial, educational broadcasting stations in rate setting 
and royalty distribution proceedings in the United States, Canada, and 
in Europe.
    National Public Radio (NPR)--a non-profit membership organization 
dedicated to the development of a

[[Page 63503]]

diverse noncommercial educational radio programming service.
    National Religious Broadcasters Music License Committee (NRBMLC)--
an organization that represents noncommercial educational radio 
broadcasters that are associated as members of National Religious 
Broadcasters.
    The American Council on Education (ACE)--an association 
representing over 1,500 colleges, universities and associations in 
higher education, some of which operate noncommercial educational radio 
broadcast stations.
    The National Federation of Community Broadcasters (NFCB)--a 
national membership organization representing over 85 independent, 
community based noncommercial radio broadcasters.
    The following parties represent the owners of the copyrighted 
works:
    American Society of Composers, Authors and Publishers (ASCAP)--a 
performing rights society which, among other things, licenses on a non-
exclusive basis the right of nondramatic public performance of its 
members' copyrighted musical compositions.
    Broadcast Music, Inc. (BMI)--a performing rights society which, 
among other things, licenses the non-exclusive right to perform 
publicly the copyrighted musical compositions of its writers and 
publisher affiliates.
    SESAC, Inc.--a performing rights society which, among other things, 
licenses the non-exclusive right to perform publicly the copyrighted 
musical compositions of its writers and publisher affiliates.
    National Music Publishers Association, Inc. (NMPA) and The Harry 
Fox Agency, Inc. (HFA)--NMPA is an organization representing the 
interests of over 600 commercially active American music publishers, 
and the HFA is a wholly owned subsidiary which acts as a licensing 
agent for over 17,000 publishers.

B. Chronology

    On October 18, 1996, the Library published a notice in the Federal 
Register requesting comments from interested parties as to the need for 
a CARP proceeding to adjust the section 118 terms and rates. 61 FR 
54459 (October 18, 1996). The notice also announced the dates of the 
voluntary negotiation period, a precontroversy discovery schedule, and 
an initiation date for a CARP. At the request of the parties, the 
Library vacated the schedule and instructed the parties to appear at 
the Library on May 1, 1997, to inform the Office of the progress of 
their settlement negotiations.
    The parties appeared at the May 1 status conference and requested 
additional time. The Office granted this request, but scheduled another 
status meeting in order to monitor the progress of the negotiations. 
The staff from the Copyright Office met with the parties again on July 
24, 1997, at which time the parties identified the need for a CARP 
proceeding. Subsequently, the Library announced a second schedule 
setting dates for the precontroversy discovery period and for convening 
the CARP. Order in Docket No. 96-4 CARP NCBRA (July 30, 1997).
    In accordance with the precontroversy schedule, on September 2, 
1997, the Copyright Office received proposed rates and terms for the 
payment of royalty fees to ``unaffiliated copyright owners,'' from the 
National Religious Broadcasters Music License Committee (NRBMLC), the 
Public Broadcasting Service, and the National Public Radio. Because the 
identity of such copyright owners is not known, copyright users are 
unable to negotiate with them to reach private agreements, and their 
interests would not be represented if the matter were submitted to a 
CARP. Accordingly, on October 2, 1997, the Copyright Office published 
the proposed terms and rates for public comment. 62 FR 51619 (Oct. 2, 
1997). The notice elicited no comments opposing the proposed rates for 
the ``unaffiliated copyright owners.''
    Regulatory language implementing these proposals has been included 
in this document. Although further comment on the substance of these 
regulations is precluded, parties may file comments with the Copyright 
Office concerning the implementation of the proposals in the regulatory 
language.
    Negotiations continued throughout the precontroversy settlement 
period. As a result, on October 1, 1997, certain parties filed notices 
of settlement and joint proposals for further adjusting the rates for 
the payment of the noncommercial compulsory license royalties, pursuant 
to 17 U.S.C. 118.
1. Notices of Settlement
    SESAC, Inc., on behalf of its affiliated songwriters and music 
publishers, and the National Public Radio (NPR) and the Public 
Broadcasting Service (PBS), on behalf of the noncommercial educational 
broadcast stations they represent, reached an agreement on the rates 
and terms of a voluntary license between them covering the period 
January 1, 1998, through December 31, 2002. The Harry Fox Agency, Inc. 
(HFA), on behalf of its affiliated music publishers and other copyright 
proprietors, and NPR/PBS, on behalf of the noncommercial broadcast 
stations they represent in this proceeding, also reached an agreement 
between them covering the same period, January 1, 1998, through 
December 31, 2002.
    These license agreements will be given effect in lieu of any 
determination by the Librarian of Congress, provided that the copies of 
the license agreements are filed with the Copyright Office within 
thirty days of the execution thereof. See 17 U.S.C. 118(b)(2). 
Accordingly, with respect to the use by PBS and NPR of musical 
compositions found in the SESAC repertory, or the use by PBS and NPR of 
copyrighted works whose owners are represented by The Harry Fox Agency, 
no regulations will be proposed.
2. Uncontested Proposal
    The National Religious Broadcasters Music License Committee 
(NRBMLC) submitted an uncontested proposal as its direct case for 
adjusting the current rates and terms for the recording of nondramatic 
musical works by noncommercial radio stations ``other than in an NPR 
produced radio program.'' See 37 CFR 253.7(b)(4). The NRBMLC proposes 
that no adjustment be made to the rates and terms, which were in effect 
for the previous cycle. NRBMLC contends that the current rates and 
terms are ``reasonable and that no circumstances exist that would 
warrant modification of these rates.'' On November 18, 1997, NRBMLC 
filed an amendment to its proposal adopting the same rates for this 
provision that apply to the works of an ``unaffiliated copyright 
owner'' similarly situated. See 62 FR 51619 (October 2, 1997).
3. Joint Proposals
    a. Performances of Musical Works by Public Broadcasting Entities 
Licensed to Colleges and Universities Not Affiliated with NPR. SESAC 
and ACE have submitted a joint proposal which would increase the rate 
which applies to public broadcasting entities licensed to colleges and 
universities not affiliated with NPR to $60 for 1998, subject to an 
annual cost of living adjustment thereafter. See 37 CFR 253.5(c)(3). 
ASCAP and ACE also submitted a joint proposal to the Librarian which 
proposes maintaining the current rate for college radio stations not 
affiliated with NPR, with an annual cost of living adjustment. See 37 
CFR 253.5(c)(1). In addition, BMI, in its direct case, proposed 
``continuing its fee with respect to college and university radio 
stations not affiliated with NPR, subject to an annual cost of living 
adjustment permitted under 37 CFR 253.10 (1996).''

[[Page 63504]]

Direct Case of BMI at 2. See 37 CFR 253.5(c)(2).
    Both ASCAP and BMI propose that the 1998 rates consist of the 
current rate with an annual cost of living increase, based upon the 
annual change in the Consumer Price Index (CPI)--the methodology 
adopted by the former Copyright Royalty Tribunal in the 1987 rate 
adjustment proceeding and maintained in the 1992 rate adjustment 
proceeding. 52 FR 49010 (December 29, 1987) and 57 FR 60954 (December 
22, 1992). Assuming no party challenges the ASCAP and BMI proposals, 
new rates for ASCAP and BMI will be calculated based upon the change in 
the CPI, during the period between the first CPI subsequent to December 
1, 1996, and the last CPI published prior to December 1, 1997. These 
rates will be published at the time the final rules are published in 
the Federal Register. No similar adjustment is necessary for the rate 
jointly proposed by SESAC and ACE, since their proposed rate already 
reflects an upward adjustment for the coming year. In each subsequent 
year covered by the terms of these proposals, an annual cost of living 
adjustment will be made to the royalty rate for performing the musical 
compositions in the ASCAP, BMI, and SESAC repertory.
    The parties to these joint proposals submit that the proposed 
annual compulsory license fees are made on a nonprejudicial and 
nonprecedential basis. As the Copyright Royalty Tribunal did in the 
1987 rate adjustment proceeding, and again in the 1992 rate adjustment 
proceeding, the Librarian recognizes that the joint proposals do not 
reflect any assessment by any of the parties of the absolute or 
relative value of the right of performance of music in the ASCAP, BMI, 
or SESAC repertory by college radio stations.
    b. Performances of Musical Compositions by Public Broadcasting 
Stations Other Than NPR or College Stations. Joint proposals were 
submitted to adjust the rates which apply to public broadcasting radio 
stations which are not licensed to colleges and universities and which 
are not affiliated with NPR. SESAC, BMI, and ASCAP, each submitted 
separate joint proposals with the National Religious Broadcasters Music 
License Committee (NRBMLC) and the National Federation of Community 
Broadcasters (NFCB). The proposals continue the general trend of annual 
adjustments reflected in the current regulations, 37 CFR 
253.6(c)(1)(2)(3), and have been made on a nonprejudicial and 
nonprecedential basis.
    Therefore, the Librarian recognizes that the joint proposals do not 
reflect any assessment by any of the parties of the absolute or 
relative value of the right of the performance of music in the ASCAP, 
BMI, or ASCAP repertory by community radio stations.

C. Comments and Notices of Intent To Participate

    Any party who wishes to challenge the proposed rates must submit 
its written comments to the Librarian of Congress no later than close 
of business on December 31, 1997. The content of the written challenge 
should describe the party's interest in this proceeding, the proposed 
rule that the party finds objectionable, and the reasons for the 
challenge.
    In addition, any party submitting written challenges must also 
submit an accompanying Notice of Intent to Participate. Failure to 
submit a Notice of Intent to Participate will preclude an interested 
party from participating in this proceeding and will preclude 
consideration of his or her written challenge. Any interested party 
that does submit a Notice of Intent to Participate will be contacted by 
the Librarian as to when his or her written direct case is due. It is 
the intention of the Librarian to include such parties in the CARP 
proceeding that shall commence on December 31, 1997.
    The following proposed rules includes regulatory language to 
implement the proposals filed with the Library of Congress on September 
2, 1997, and published in the Federal Register on October 2, 1997, for 
public comment pursuant to 37 CFR 251.63. The Copyright Office invites 
public comment on the proposed regulatory language implementing the 
earlier proposals, in addition to, the proposals discussed above. If no 
comments or Notices of Intent to Participate are received by close of 
business on the date for filing such comments, the proposed rates and 
terms shall become effective on January 1, 1998.

List of Subjects in 37 CFR Part 253

    Copyright, Music, Radio, Television.

    For the reasons set forth in the preamble, the Library proposes to 
amend 37 CFR part 253 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 253.1 is revised to read as follows:


Sec. 253.1  General.

    This part 253 establishes terms and rates of royalty payments for 
certain activities using published nondramatic musical works and 
published pictorial, graphic and sculptural works during a period 
beginning on January 1, 1998, and ending on December 31, 2002. Upon 
compliance with 17 U.S.C. 118, and terms and rates of this part, a 
public broadcasting entity may engage in the activities with respect to 
such works set forth in 17 U.S.C. 118(d).
    3. Section 253.4 is amended by revising the introductory text, 
paragraph (a)(1) through (a)(8), and paragraph (c) to read as follows:


Sec. 253.4  Performance of musical compositions by PBS, NPR and other 
public broadcasting entities engaged in the activities set forth in 17 
U.S.C. 118(d).

    The following schedule of rates and terms shall apply to the 
performance by PBS, NPR and other public broadcasting entities engaged 
in activities set forth in 17 U.S.C. 118(d) of copyrighted published 
nondramatic musical compositions, except for public broadcasting 
entities covered by Secs. 253.5 and 253.6, and except for compositions 
which are the subject of voluntary license agreements, or compositions 
in the repertories of ASCAP, BMI or SESAC which are licensed on terms 
and conditions established by a duly empowered Copyright Arbitration 
Royalty Panel pursuant to the procedures set forth in subchapter B of 
37 CFR, part 251.
    (a) Determination of royalty rates. (1) For the performance of such 
a work in a feature presentation of PBS:

1998-2002.......................................................$211.53

    (2) For the performance of such a work as background or theme music 
in a PBS program:

1998-2002........................................................$53.59

    (3) For the performance of such a work in a feature presentation of 
a station of PBS:

1998-2002........................................................$18.08

    (4) For the performance of such a work as background or theme music 
in a program of a station of PBS:

1998-2002.........................................................$3.81

    (5) For the performance of such a work in a feature presentation of 
NPR:

1998-2002........................................................$21.44

    (6) For the performance of such a work as background or theme music 
in an NPR program:

1998-2002.........................................................$5.20


[[Page 63505]]

      .................................................................
    (7) For the performance of such a work in a feature presentation of 
a station of NPR:

1998-2002.........................................................$1.52

    (8) For the performance of such work as background or theme music 
in a program of a station of NPR:

1998-2002..........................................................$.54
* * * * *
    (c) Records of use. PBS and NPR shall, upon the request of a 
copyright owner of a published musical work who believes a musical 
composition of such owner has been performed under the terms of this 
schedule, permit such copyright owner a reasonable opportunity to 
examine their standard cue sheets listing the nondramatic performances 
of musical compositions on PBS and NPR programs. Any local PBS and NPR 
station that shall be required by the provisions of any voluntary 
license agreement with ASCAP or BMI covering the license period January 
1, 1998, to December 31, 2002, to prepare a music use report shall, 
upon request of a copyright owner who believes a musical composition of 
such owner has been performed under the terms of this schedule, permit 
such copyright owner to examine the report.
* * * * *
    4. In Sec. 253.5, paragraph (c)(3) is revised to read as follows:


Sec. 253.5  Performance of musical compositions by public broadcasting 
entities licensed to colleges and universities.

* * * * *
    (c) * * *
    (3) For all such compositions in the repertory of SESAC, $60 
annually.
* * * * *
    5. In Sec. 253.6, paragraph (c) is revised to read as follows:


Sec. 253.6  Performance of musical compositions by other public 
broadcasting entities.

* * * * *
    (c) Royalty rate. A public broadcasting entity within the scope of 
this section may perform published nondramatic musical compositions 
subject to the following schedule of royalty rates:
    (1) For all such compositions in the repertory of ASCAP, in 1998, 
$375; in 1999, $390; in 2000, $405; in 2001, $420; in 2002, $440.
    (2) For all such compositions in the repertory of BMI, in 1998, 
$375; in 1999, $390; in 2000, $405; in 2001, $420; in 2002, $440.
    (3) For all such compositions in the repertory of SESAC, in 1998, 
$78; in 1999, $82; in 2000, $86; in 2001, $89; in 2002, $92.
    (4) For the performance of any other such compositions, in 1998 
through 2002, $1.
* * * * *
    6. Section 253.7 is amended by revising paragraphs (a), (b)(1) (i) 
and (ii), and (b)(2), (4), and (5) to read as follows:


Sec. 253.7  Recording rights, rates and terms.

    (a) Scope. This section establishes rates and terms for the 
recording of nondramatic performances and displays of musical works, 
other than compositions subject to voluntary license agreements, or 
compositions represented by the Harry Fox Agency, Inc., SESAC, and/or 
the National Music Publishers Association and which are licensed on 
terms and conditions established by a duly empowered Copyright 
Arbitration Royalty Panel pursuant to the procedures set forth in 37 
CFR subchapter B, on and for the radio and television programs of 
public broadcasting entities, whether or not in synchronization or 
timed relationship with the visual or aural content, and for the 
making, reproduction, and distribution of copies and phonorecords of 
public broadcasting programs containing such nondramatic performances 
and displays of musical works solely for the purpose of transmission by 
public broadcasting entities. The rates and terms established in this 
schedule include the making of the reproductions described in 17 U.S.C. 
118(d)(3).
    (b) Royalty rate. (1)(i) For uses described in paragraph (a) of 
this section of a musical work in a PBS-distributed program, the 
royalty fees shall be calculated by multiplying the following per-
composition rates by the number of different compositions in that PBS-
distributed program:

------------------------------------------------------------------------
                                                               1998-2002
------------------------------------------------------------------------
Feature.....................................................     $106.04
Concert feature (per minute)................................       31.84
Background..................................................       53.59
Theme:                                                                  
  Single program or first series program....................       53.59
  Other series program......................................       21.75
------------------------------------------------------------------------

    (ii) For such uses other than in a PBS-distributed television 
program, the royalty fee shall be calculated by multiplying the 
following per-composition rates by the number of different compositions 
in that program:

------------------------------------------------------------------------
                                                               1998-2002
------------------------------------------------------------------------
Feature.....................................................       $8.76
Concert feature (per minute)................................        2.30
Background..................................................        3.81
Theme:                                                                  
  Single program or first series program....................        3.81
Other series program........................................        1.52
------------------------------------------------------------------------

* * * * *
    (2) For uses licensed herein of a musical work in a NPR program, 
the royalty fees shall be calculated by multiplying the following per-
composition rates by the number of different compositions in any NPR 
program distributed by NPR. For purposes of this schedule ``National 
Public Radio'' programs include all programs produced in whole or in 
part by NPR, or by any NPR station or organization under contract with 
NPR.

------------------------------------------------------------------------
                                                               1998-2002
------------------------------------------------------------------------
Feature.....................................................      $11.48
Concert feature (per half hour).............................       16.85
Background..................................................        5.75
Theme:                                                                  
  Single program or first series program....................        5.75
Other series program........................................        2.29
------------------------------------------------------------------------

    (3) * * *
    (4) For such uses other than in a NPR-produced radio program:

------------------------------------------------------------------------
                                                               1998-2002
------------------------------------------------------------------------
Feature.....................................................        $.74
Feature (concert)(per half..................................        1.54
Background..................................................         .37
------------------------------------------------------------------------

    (5) The schedule of fees covers broadcast use for a period of three 
years following the first broadcast. Succeeding broadcast use periods 
will require the following additional payment: second three-year 
period--50 percent; each three-year period thereafter--25 percent; 
provided that a 100 percent additional payment prior to the expiration 
of the first three-year period will cover broadcast use during all 
subsequent use periods without limitation. Such succeeding uses which 
are subsequent to December 31, 2002 shall be subject to the royalty 
rates established in this schedule.
* * * * *
    7. In Sec. 253.8, paragraphs (b)(1) and (f)(1) are revised as 
follows:


Sec. 253.8  Terms and rates of royalty payments for the use of 
published pictorial, graphic, and sculptural works.

* * * * *
    (b) Royalty rate. (1) The following schedule of rates shall apply 
to the use of works within the scope of this section:
    (i) For such uses in a PBS-distributed program:

[[Page 63506]]

    (A) For a featured display of a work.

1998-2002........................................................$64.78

    (B) For background and montage display.

1998-2002........................................................$31.59

    (C) For use of a work for program identification or for thematic 
use.

1998-2002.......................................................$127.71

    (D) For the display of an art reproduction copyrighted separately 
from the work of fine art from which the work was reproduced, 
irrespective of whether the reproduced work of fine art is copyrighted 
so as to be subject also to payment of a display fee under the terms of 
the schedule.

1998-2002........................................................$41.95

    (ii) For such uses in other than PBS-distributed programs:

    (A) For featured display of a work.

1998-2002........................................................$41.95

    (B) For background and montage display.

1998-2002........................................................$21.51

    (C) For use of a work for program identification or for thematic 
use.

1998-2002........................................................$85.76

    (D) For the display of an art reproduction copyrighted separately 
from the work of fine art from which the work was reproduced, 
irrespective of whether the reproduced work of fine art is copyrighted 
so as to be subject also to payment of a display fee under the terms of 
this schedule.

1998-2002........................................................$21.51
* * * * *
    (f) Terms of use. (1) The rates of this schedule are for unlimited 
broadcast use for a period of three years from the date of the first 
broadcast use of the work under this schedule. Succeeding broadcast use 
periods will require the following additional payment: Second three-
year period--50 percent; each three-year period thereafter--25 percent; 
provided that a 100 percent additional payment prior to the expiration 
of the first three-year period will cover broadcast use during all 
subsequent broadcast use periods without limitation. Such succeeding 
uses which are subsequent to December 31, 2002, shall be subject to the 
rates established in this schedule.
* * * * *
    9. In Sec. 253.10, paragraph (a) is revised to read as follows:


Sec. 253.10  Cost of living adjustment.

    (a) On December 1, 1998, the Librarian of Congress shall publish in 
the Federal Register a notice of 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 prior to 
December 1, 1997, to the most recent Index published prior to December 
1, 1998. On each December 1, thereafter the Librarian of Congress shall 
publish a notice of 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.
* * * * *
    Dated: November 18, 1997.
Marybeth Peters,
Register of Copyrights.

James H. Billington,
The Librarian of Congress.
[FR Doc. 97-31295 Filed 11-26-97; 9:39 am]
BILLING CODE 1410-33-P