[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Page 84478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28178]



[[Page 84478]]

=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 16-CRB-0016-PBR-COLA (2017)]


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

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) of 2% in the royalty rates that colleges, 
universities, and other educational institutions not affiliated with 
National Public Radio pay for the use of published nondramatic musical 
compositions in the SESAC repertory for the statutory license under the 
Copyright Act for noncommercial broadcasting.

DATES: Effective date: January 1, 2017.
    Applicability dates: These rates are applicable to the period 
January 1, 2017, through December 31, 2017.

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

SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act, title 17 
of the United States Code, creates a statutory license for the use of 
published nondramatic musical works and published pictorial, graphic, 
and sculptural works in connection with noncommercial broadcasting.
    On November 29, 2012, the Copyright Royalty Judges (Judges) adopted 
final regulations governing the rates and terms of copyright royalty 
payments under section 118 of the Copyright Act for the license period 
2013-2017. See 77 FR 71104. Pursuant to these regulations, on or before 
December 1 of each year, the Judges shall publish in the Federal 
Register a notice of the change in the cost of living for the rate 
codified at Sec.  381.5(c)(3) relating to compositions in the repertory 
of SESAC. The adjustment, fixed to the nearest dollar, shall be the 
greater of ``the change in the cost of living as determined by the 
Consumer Price Index (all consumers, all items) [CPI-U] * * * 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,'' or 2%. 37 CFR 381.10.
    The change in the cost of living as determined by the CPI-U during 
the period from the most recent index published before December 1, 
2014, to the most recent index published before December 1, 2016, is 
1.6%.\1\ In accordance with 37 CFR 381.10(b), the Judges announce that 
the COLA for calendar year 2017 shall be 2%. Application of the 2% COLA 
to the current rate for the performance of published nondramatic 
musical compositions in the repertory of SESAC--$149 per station--
results in an adjusted rate of $152 per station.
---------------------------------------------------------------------------

    \1\ On November 17, 2016, the Bureau of Labor Statistics 
announced that the CPI-U increased 1.6% over the last 12 months.
---------------------------------------------------------------------------

List of Subjects in 37 CFR Part 381

    Copyright, Music, Radio, Television, Rates.

Final Regulations

    In consideration of the foregoing, the Judges amend part 381 of 
title 37 of the Code of Federal Regulations as follows:

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

0
1. The authority citation for part 381 continues to read as follows:

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

0
2. Section 381.5 is amended by revising paragraph (c)(3)(v) to read as 
follows:


Sec.  381.5  Performance of musical compositions by public broadcasting 
entities licensed to colleges and universities.

* * * * *
    (c) * * *
    (3) * * *
    (v) 2017: $152 per station.
* * * * *

    Dated: November 17, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016-28178 Filed 11-22-16; 8:45 am]
 BILLING CODE 1410-72-P