[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55334-55335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24089]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Chapter III
[Docket No. 18-CRB-0012-RM]
Modification and Amendment of Regulations To Conform to the MMA
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notification of inquiry.
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SUMMARY: The Copyright Royalty Judges (Judges) publish a notice of
inquiry regarding necessary and appropriate modifications and
amendments to agency regulations following enactment of a new law
regarding the music industry.
[[Page 55335]]
DATES: Comments and proposals, if any, are due no later than November
26, 2018.
ADDRESSES: You may submit comments and proposals, identified by docket
number 18-CRB-0012-RM, by any of the following methods:
CRB's electronic filing application: Submit comments and proposals
online in eCRB at https://app.crb.gov/.
U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC
20024-0977; or Overnight service (only USPS Express Mail is
acceptable): Copyright Royalty Board, P.O. Box 70977, Washington, DC
20024-0977; or
Commercial courier: Address package to: Copyright Royalty Board,
Library of Congress, James Madison Memorial Building, LM-403, 101
Independence Avenue SE, Washington, DC 20559-6000. Deliver to:
Congressional Courier Acceptance Site, 2nd Street NE and D Street NE,
Washington, DC; or
Hand delivery: Library of Congress, James Madison Memorial
Building, LM-401, 101 Independence Avenue SE, Washington, DC 20559-
6000.
Instructions: Unless submitting online, commenters must submit an
original, two paper copies, and an electronic version on a CD. All
submissions must include a reference to the CRB and this docket number.
All submissions will be posted without change to eCRB at https://app.crb.gov/ including any personal information provided.
Docket: For access to the docket to read submitted background
documents or comments, go to eCRB, the Copyright Royalty Board's
electronic filing and case management system, at https://app.crb.gov/
and search for docket number 18-CRB-0012-RM.
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
by telephone at (202) 707-7658 or email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Orrin G. Hatch-Bob Goodlatte Music Modernization Act, Public
Law 115-264, 132 Stat. 3676 (Oct. 11, 2018) (MMA), implements changes
in administration of copyright royalties relating to the music
industry. The most sweeping changes relate to the copyrights of
songwriters and publishers of nondramatic musical works. Prior to
enactment of the MMA, section 115 of title 17 (Copyright Act) detailed
procedures for administration of the compulsory license (also known as
the ``mechanical'' compulsory license) to reproduce and distribute,
including by digital transmissions, phonorecords embodying copyrighted
musical works.
Chapter 8 of the Copyright Act requires the Copyright Royalty
Judges (Judges) to conduct proceedings every five years to determine
the rates and terms for the section 115 license. See 17 U.S.C.
801(b)(1), 804(b)(4). In the MMA, Congress authorized designation of an
entity, the Mechanical License Collective (MLC) to serve as a
clearinghouse for collection and distribution of royalties and to
develop a comprehensive database to ensure efficient and appropriate
payment and distribution of those royalties.
Creation of the MLC and the other statutory changes in the MMA
requires or authorizes modification of the Judges' regulations relating
to section 115. For example, section 102(d) of the MMA requires the
Judges, not later than 270 days after enactment of the MMA, to amend
part 385 of 37, Code of Federal Regulations (CFR) ``to conform the
definitions used in such part to the definitions of the same terms
described in section 115(e) of title 17, United States Code, as added
by'' section 102(a) of the MMA. That provision also directs the Judges
to ``make adjustments to the language of the regulations as necessary
to achieve the same purpose and effect as the original regulations with
respect to the rates and terms previously adopted by the [Judges].'' In
addition, the MMA authorizes the Judges to adopt regulations concerning
proceedings to set the administrative assessment established by the
statute to fund the MLC. 17 U.S.C. 115(d)(7)(D)(viii), 115(d)(12)(A).
The MMA also adds a new section 801(b)(8) to the Copyright Act,
which authorizes the Judges ``to determine the administrative
assessment to be paid by digital music providers under section 115(d)''
but states that ``[t]he provisions of section 115(d) shall apply to the
conduct of proceedings by the [Judges] under section 115(d) and not the
procedures in this section, or section 803, 804, or 805.''
The Judges seek input from persons and entities who reasonably
believe they have a significant interest in the content of necessary or
appropriate changes to the regulations in chapter III, title 37, Code
of Federal Regulations (CFR). The Judges also seek input from persons
and entities who reasonably believe they have a significant interest in
interpreting and applying the changes the MMA purports to make to
chapter 8 of the Copyright Act.
Specifically, but not exclusively, the Judges seek comments
regarding the following questions.
(1) What regulations in chapter III, title 37 CFR, if any, must be
changed and how?
(2) What regulations in chapter III, title 37 CFR, if any, should
be changed and how?
(3) What effect, if any, does the new language in subparagraph 8 of
section 801(b) have on the Judges' ability to make necessary procedural
or evidentiary rulings under sections 801, 803, 804, and/or 805 \1\ of
the Copyright Act, and, in particular, does the new language have the
effect that the Judges are now required to adopt new regulations,
notwithstanding their general authority under section 801(c)?
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\1\ Examples: Section 801(c) (necessary procedural and
evidentiary rulings), section 803(b)(5) (paper proceedings), section
803(b)(6)(C)(ix) (subpoenas), section 803(c)(2) (rehearings),
section 803(c)(5) (protective orders).
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(4) If the new language in subparagraph 8 of section 801(b) affects
the Judges' authority under other subsections of section 801, how does
it change that authority or the procedures to exercise that authority?
The Judges solicit proposed new or modified regulatory language
that may be necessary to fully implement the MMA. Commenting persons
and entities must support each legal conclusion and each proposed
regulatory change with appropriate legal analysis and citation to
authority. After considering the proposals, if the Judges determine
that rulemaking is required, the Judges will publish a formal notice of
proposed rulemaking in accordance with the provisions of the
Administrative Procedures Act.
Dated: October 30, 2018.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2018-24089 Filed 11-2-18; 8:45 am]
BILLING CODE 1410-72-P