[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Rules and Regulations]
[Pages 83141-83142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27885]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 388

[Docket No. 16-CRB-0019-RM]


Procedural Regulations for the Copyright Royalty Board: Rates and 
Terms for Statutory Licenses; Technical Amendment

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule; technical amendment.

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SUMMARY: The Copyright Royalty Judges are amending their regulations to 
relocate the provisions regarding coin-operated phonorecord players 
from the section of the Code of Federal Regulations (CFR) that contains 
Copyright Arbitration Royalty Panel (CARP) regulations to the section 
of the CFR that contains Copyright Royalty Board (CRB) regulations so 
that the Copyright Office may remove the outdated CARP regulation.

DATES: Effective on November 21, 2016.

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

SUPPLEMENTARY INFORMATION: On October 3, 2016, the Copyright Office 
published a proposed rulemaking that, in part, proposes to eliminate 
obsolete CARP regulations from the CFR. 81 FR 67940, 67942. One of the 
CARP provisions, the regulation regarding rates for the statutory 
license for jukeboxes, is not obsolete and is therefore the only 
provision that would remain.\1\ See 37 CFR 254. That provision could 
have been moved to the CRB section of the CFR earlier, but because the 
rates have remained unchanged for many years, neither the Copyright 
Office nor the CRB has moved the regulation.
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    \1\ The Copyright Office proposed rulemaking indicated that part 
256 will also remain, but the CRB recently gave notice of relocation 
of that part to part 387 and has notified the Copyright Office of 
that fact so it may now eliminate part 256 from Chapter II. Id.; 81 
FR 62812 (Sept. 13, 2016).
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    The Copyright Royalty Judges hereby relocate that provision by 
adding it to Chapter III of title 37 of the CFR, the chapter governing 
CRB activities.

List of Subjects in 37 CFR Part 388

    Copyright, Jukeboxes, Rates.

Final Regulations

    For the reasons set out in the preamble, the Copyright Royalty 
Judges amend 37 CFR chapter III by adding part 388 to read as follows:

PART 388--ADJUSTMENT OF ROYALTY RATE FOR COIN-OPERATED PHONORECORD 
PLAYERS

Sec.
388.1 General.
388.2 Definition of coin-operated phonorecord player.
388.3 Compulsory license fees for coin-operated phonorecord players.

    Authority: 17 U.S.C. 116, 801(b)(1).


Sec.  388.1  General.

    This part 388 establishes the compulsory license fees for coin-
operated phonorecord players beginning on January 1, 1982, in 
accordance with the provisions of 17 U.S.C. 116.

[[Page 83142]]

Sec.  388.2  Definition of coin-operated phonorecord player.

    As used in this part, the term coin-operated phonorecord player is 
a machine or device that:
    (a) Is employed solely for the performance of nondramatic musical 
works by means of phonorecords upon being activated by insertion of 
coins, currency, tokens, or other monetary units or their equivalent;
    (b) Is located in an establishment making no direct or indirect 
charge for admission;
    (c) Is accompanied by a list of the titles of all the musical works 
available for performance on it, which list is affixed to the 
phonorecord player or posted in the establishment in a prominent 
position where it can be readily examined by the public; and
    (d) Affords a choice of works available for performance and permits 
the choice to be made by the patrons of the establishment in which it 
is located.


Sec.  388.3  Compulsory license fees for coin-operated phonorecord 
players.

    (a) Commencing January 1, 1982, the annual compulsory license fee 
for a coin-operated phonorecord player shall be $25.
    (b) Commencing January 1, 1984, the annual compulsory license fee 
for a coin-operated phonorecord player shall be $50.
    (c) Commencing January 1, 1987, the annual compulsory license fee 
for a coin-operated phonorecord player shall be $63.
    (d) If performances are made available on a particular coin-
operated phonorecord player for the first time after July 1 of any 
year, the compulsory license fee for the remainder of that year shall 
be one half of the annual rate of paragraph (a), (b), or (c) of this 
section, whichever is applicable.
    (e) Commencing January 1, 1990, the annual compulsory license fee 
for a coin-operated phonorecord player is suspended through December 
31, 1999, or until such earlier or later time as the March 1990 license 
agreement between AMOA and ASCAP/BMI/SESAC is terminated.

    Dated: November 1, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.

Approved by:

Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2016-27885 Filed 11-18-16; 8:45 am]
BILLING CODE 1410-72-P