[Federal Register Volume 69, Number 230 (Wednesday, December 1, 2004)]
[Rules and Regulations]
[Pages 69822-69823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26265]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 253

[Docket No. 2004-8 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 3.2% 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, 
ASCAP and SESAC repertoires. The cost of living adjustment is based on 
the change in the Consumer Price Index from October, 2003 to October, 
2004.

DATES: January 1, 2005.

FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Associate General 
Counsel, 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

[[Page 69823]]

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 consider the terms and rates for the 
section 118 license occurred in 2002. 67 FR 15414 (April 1, 2002). 
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 for the license period beginning January 
1, 2003, and ending December 31, 2007, were published in the Federal 
Register on December 17, 2002. 67 FR 77170 (December 17, 2002).
    Pursuant to these regulations, on December 1 of each year the 
Librarian shall publish 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 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 
repertoires 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 Consumer Price Index and 
performing the annual cost of living adjustment to the rates set out in 
Sec. 253.5(c).
    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, 2003, to the most recent 
Index published before December 1, 2004, is 3.2% (2003's figure was 
185.0; the figure for 2004 is 190.9, based on 1982-1984=100 as a 
reference base). Rounding off to the nearest dollar, the royalty rates 
for the use of musical compositions in the repertories of ASCAP, BMI, 
and SESAC are $262, $262, and $85, respectively.

List of Subjects in 37 CFR Part 253

    Copyright, Radio, Television.

Final Regulation

0
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

0
1. The authority citation for part 253 continues to read as follows:

    Authority: 17 U.S.C. 118, 801(b)(1) and 803.
0
2. Section 253.5 is amended by revising paragraphs (c)(1) through 
(c)(3) 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, $262 
annually.
    (2) For all such compositions in the repertory of BMI, $262 
annually.
    (3) For all such compositions in the repertory of SESAC, $85 
annually.
    * * * * *

    Date: November 22, 2004
Marybeth Peters,
Register of Copyrights.
[FR Doc. 04-26265 Filed 11-30-04; 8:45 am]
BILLING CODE 1410-33-S