[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Rules and Regulations]
[Page 66042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31658]


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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