[Federal Register Volume 71, Number 231 (Friday, December 1, 2006)]
[Rules and Regulations]
[Page 69486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20110]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 253

[Docket No. 2006-2 CRB NCBRA]


Cost of Living Adjustment for Performance of Musical Compositions 
by Colleges and Universities

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

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SUMMARY: The Copyright Royalty Judges, on behalf of the Copyright 
Royalty Board of the Library of Congress, announce a cost of living 
adjustment of 1.3% 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 ASCAP, BMI and SESAC 
repertoires. The cost of living adjustment is based on the change in 
the Consumer Price Index from October 2005 to October 2006.

EFFECTIVE DATE: January 1, 2007.

FOR FURTHER INFORMATION CONTACT: Gina Giuffreda, Attorney Advisor, or 
Abioye E. Oyewole, CRB Program Specialist. Telephone: (202) 707-7658. 
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 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 Royalty Judges, on behalf of the 
Copyright Royalty Board of the Library of Congress, are 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, 2005, to the most recent 
Index published before December 1, 2006, is 1.3% (2005's figure was 
199.2; the figure for 2006 is 201.8, 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 repertoires of ASCAP, BMI, 
and SESAC are $277, $277, and $90, respectively.

List of Subjects in 37 CFR Part 253

    Copyright, Radio, Television.

Final Regulations

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, $277 
annually.
    (2) For all such compositions in the repertory of BMI, $277 
annually.
    (3) For all such compositions in the repertory of SESAC, $90 
annually.
* * * * *

    Dated: November 22, 2006.
James Scott Sledge,
Chief Copyright Royalty Judge, Copyright Royalty Board.
 [FR Doc. E6-20110 Filed 11-30-06; 8:45 am]
BILLING CODE 1410-72-P