[Federal Register Volume 72, Number 186 (Wednesday, September 26, 2007)]
[Proposed Rules]
[Pages 54622-54623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-18939]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 2006-2 CRB NCBRA]


Noncommercial Educational Broadcasting Statutory License

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Copyright Royalty Judges are publishing for comment 
certain royalty rates for use of a musical work in a Public 
Broadcasting Service-distributed program pursuant to the noncommercial 
educational broadcasting statutory license contained in the Copyright 
Act. The rates published herein correct an error in the rates published 
for comment in the Federal Register on April 17, 2007.

DATES: Comments and objections, if any, are due on or before October 
26, 2007.

ADDRESSES: Comments and objections may be sent electronically to 
[email protected]. In the alternative, send an original, five copies and an 
electronic copy on a CD either by mail or hand delivery. Please do not 
use multiple means of transmission. Comments and objections may not be 
delivered by an overnight delivery service other than the U.S. Postal 
Service Express Mail. If by mail (including overnight delivery), 
comments and objections must be addressed to: Copyright Royalty Board, 
P.O. Box 70977, Washington, DC 20024-0977. If hand delivered by a 
private party, comments and objections must be brought to the Copyright 
Office Public Information Office, Library of Congress, James Madison 
Memorial Building, Room LM-401, 101 Independence Avenue, SE., 
Washington, DC 20559-6000. If delivered by a commercial courier, 
comments and objections must be delivered between 8:30 a.m. and 4 p.m. 
to the Congressional Courier Acceptance Site located at 2nd and D 
Street, NE., Washington, DC, and the

[[Page 54623]]

envelope must be addressed to: Copyright Royalty Board, Library of 
Congress, James Madison Memorial Building, LM-403, 101 Independence 
Avenue, SE., Washington, DC 20559-6000.

FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or 
Gina Giuffreda, Attorney-Advisor, by telephone at (202) 707-7658 or e-
mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On April 17, 2007, the Copyright Royalty Judges (``Judges'') 
published a notice in the Federal Register requesting comment on 
proposed regulations that set rates and terms for the noncommercial 
educational broadcasting statutory license under section 118 of the 
Copyright Act, title 17 of the United States Code, for the license 
period 2008-2012. 72 FR 19138. These proposed rates and terms were part 
of a joint proposal submitted on March 15, 2007, by the following 
parties to this proceeding: the American Council on Education 
(``ACE''); the American Society of Composers, Authors and Publishers 
(``ASCAP''); Broadcast Music, Inc. (``BMI''); the Harry Fox Agency 
(``HFA''); the National Music Publishers' Association, Inc. (``NMPA''); 
National Public Radio, Inc. (``NPR''); the National Religious 
Broadcasters Noncommerical Music License Committee (``NRBNMLC''); the 
Public Broadcasting Service (``PBS'') and SESAC, Inc.
    Section 801(b)(7)(A) of the Copyright Act allows the Judges to 
adopt such a proposal, which would be binding on all copyright owners 
and public broadcasting entities,\1\ provided that:
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    \1\ A ``public broadcasting entity'' is defined as a 
``noncommercial educational broadcast station as defined in section 
397 of title 47 and any nonprofit institution or organization 
engaged in the activities described in paragraph (2) of subsection 
(c)'' of section 118.

    (i) the Copyright Royalty Judges shall provide to those that 
would be bound by the terms, rates, or other determination set by 
any agreement in a proceeding to determine royalty rates an 
opportunity to comment on the agreement and shall provide to 
participants in the proceeding under section 803(b)(2) that would be 
bound by the terms, rates, or other determination set by the 
agreement an opportunity to comment on the agreement and object to 
its adoption as a basis for statutory terms and rates; and
    (ii) the Copyright Royalty Judges may decline to adopt the 
agreement as a basis for statutory terms and rates for participants 
that are not parties to the agreement, if any participant described 
in clause (i) objects to the agreement and the Copyright Royalty 
Judges conclude, based on the record before them if one exists, that 
the agreement does not provide a reasonable basis for setting 
statutory terms or rates.

17 U.S.C. 801(b)(7)(A). Accordingly, the Judges published the joint 
proposal, with certain modifications, pursuant to this provision. See 
72 FR at 19139 (April 17, 2007). Comments were due on or before May 17, 
2007.
    In response to the notice, the Judges received only one comment, 
which was jointly submitted by NPR and PBS. The parties stated in 
pertinent part that due to ``an inadvertent administrative error [in 
the parties' joint proposal], some of the NPR and PBS proposed royalty 
rates * * * were incorrectly transcribed,'' thereby making the rates 
proposed in Sec.  381.7(b)(1)(i) ``incorrect.'' Joint Comments of 
National Public Radio and Public Broadcasting Service, filed May 15, 
2007, at 2. They then set out the intended rates, which were lower than 
those published on April 17. Id.
    Consequently, as required by section 801(b)(7)(A), the Judges are 
publishing for comment rates correcting those previously proposed in 
Sec.  381.7(b)(1)(i). Therefore, the public may comment and object only 
to the rates contained in today's notice of proposed rulemaking. Those 
who do comment and object, however, must be prepared to participate in 
further proceedings in this docket to establish rates and terms for the 
section 118 license.

List of Subjects in 37 CFR Part 381

    Copyright, Music, Radio, Television, Rates.

Proposed Regulations

    For the reasons set forth in the preamble, the Copyright Royalty 
Judges propose to amend part 381 to Chapter III of title 37 of the Code 
of Federal Regulations, as proposed on April 17, 2007 (72 FR 19138), to 
read as follows:

PART 381--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH 
NONCOMMERCIAL EDUCATIONAL BROADCASTING

    1. The authority citation for proposed part 381 continues to read 
as follows:

    Authority: 17 U.S.C. 118, 801(b)(1) and 803.

    2. Section 381.7 is amended by revising paragraphs (b)(1)(i) (A) 
through (D) as follows:


Sec.  381.7  Recording rights, rates and terms.

* * * * *
    (b) * * * (1)(i)* * *

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                                                               2008-2012
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(A) Feature.................................................     $114.09
(B) Concert feature (per minute)............................      $34.26
(C) Background..............................................     $457.66
(D) Theme:
  (1) Single program or first series program................      $57.66
  (2) Other series program..................................      $23.41
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* * * * *

    Dated: September 20, 2007.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E7-18939 Filed 9-25-07; 8:45 am]
BILLING CODE 1410-72-P