[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Page 40190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14572]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 370

[Docket No. RM 2008-7]


Notice and Recordkeeping for Use of Sound Recordings Under 
Statutory License; Technical Amendment

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule; technical amendment.

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SUMMARY: The Copyright Royalty Judges published in the Federal Register 
of May 19, 2016, a document amending regulations that govern reporting 
requirements for noncommercial educational webcasters that pay no more 
than the minimum fee for their use of sound recordings under the 
applicable statutory licenses. Inadvertently, the amendments did not 
remove a superseded definition and did not include a new defined term 
in the operative regulations. This document corrects those inadvertent 
omissions.

DATES: Effective Date: June 21, 2016.
    Applicability Date: May 19, 2016.

FOR FURTHER INFORMATION CONTACT: Kimberly Whittle at (202) 707-7658 or 
at [email protected].

SUPPLEMENTARY INFORMATION: 

Introduction

    The Copyright Royalty Judges (Judges) published a final rule in the 
Federal Register of May 19, 2014, (81 FR 31506) that added a new term, 
Eligible Minimum Fee Webcaster, to the definition section of 37 CFR 
370.4. In doing so, the Judges intended to expand relaxed reporting 
requirements to certain noncommercial educational webcasters that 
previously had been excluded from such relaxed requirements. The Judges 
added those webcasters to the group and renamed the group to more 
precisely describe the members. The new term for the group is 
``Eligible Minimum Fee Webcaster.'' The new definition includes all 
entities that qualified under the previous ``Minimum Fee Broadcaster'' 
definition and certain noncommercial educational webcasters.
    The amended regulation inadvertently did not reference the new term 
``Eligible Minimum Fee Webcaster'' in the relevant sections of part 
370, namely, 37 CFR 370.4(d)(2)(vi) and (vii) and 370.4(d)(3)(i) and 
(ii). The amended regulation also should have removed the ``Minimum Fee 
Broadcaster'' definition, which is no longer necessary.
    The Judges now make the necessary changes to clarify that the 
reporting requirements in Part 370 that applied to ``Minimum Fee 
Broadcasters'' now apply to the more inclusive group, ``Eligible 
Minimum Fee Webcasters.''

Final Regulations

    In consideration of the foregoing, the Copyright Royalty Judges 
amend 37 CFR part 370 as follows:

PART 370--NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY 
LICENSES

0
1. The authority citation for part 370 continues to read as follows:

    Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A).


0
2. In Sec.  370.4:
0
a. In paragraph (b), remove the definition of ``Minimum Fee 
Broadcaster'';
0
b. Revise paragraphs (d)(2)(vi) and (vii) and (d)(3)(i) and (ii).
    The revisions read as follows:


Sec.  370.4  Reports of use of sound recordings under statutory license 
for nonsubscription transmission services, preexisting satellite 
digital audio radio services, new subscription services and business 
establishment services.

* * * * *
    (d) * * *
    (2) * * *
    (vi) For a nonsubscription transmission service except those 
qualifying as eligible minimum fee webcasters: The actual total 
performances of the sound recording during the reporting period.
    (vii) For a preexisting satellite digital audio radio service, a 
new subscription service, a business establishment service or a 
nonsubscription service qualifying as an eligible minimum fee 
webcaster: The actual total performances of the sound recording during 
the reporting period or, alternatively, the
    (A) Aggregate Tuning Hours;
    (B) Channel or program name; and
    (C) Play frequency.
    (3) * * *
    (i) For each calendar month of the year by all services other than 
a nonsubscription service qualifying as an eligible minimum fee 
webcaster; or
    (ii) For a two-week period (two periods of 7 consecutive days) for 
each calendar quarter of the year by a nonsubscription service 
qualifying as an eligible minimum fee webcaster and the two-week period 
need not consist of consecutive weeks, but both weeks must be 
completely within the calendar quarter.
* * * * *

    Dated: June 13, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.

Approved by:

David S. Mao,
Acting Librarian of Congress.
[FR Doc. 2016-14572 Filed 6-20-16; 8:45 am]
 BILLING CODE 1410-72-P