[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)]
[Rules and Regulations]
[Page 61126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25906]

[[Page 61126]]



Copyright Royalty Board

37 CFR Part 381

[Docket No. 16-CRB-0002-PBR (2018-2022) COLA (2019)]

Cost of Living Adjustment to Public Broadcasters Compulsory 
License Royalty Rate

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule; cost of living adjustment.


SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) to the royalty rate that noncommercial radio stations 
at certain colleges, universities, and other educational institutions 
that are not affiliated with National Public Radio must pay for the use 
in 2019 of published nondramatic musical compositions in the SESAC 
repertory pursuant to the statutory license under the Copyright Act for 
noncommercial broadcasting. Because the current rates did not become 
final until January 2018, the revised regulation includes the revised 
rate for 2018 that reflects the cost of living adjustment announced in 

    Effective date: December 28, 2018. Applicability dates: These rates 
are applicable to the period beginning January 1, 2019, and ending 
December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Assistant, 
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 January 19, 2018, 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 
2018-2022. See 83 FR 2743. Pursuant to these regulations, on or before 
December 1 of each year, the Judges shall publish in the Federal 
Register notice of the change in the cost of living and a revised 
schedule of the rates 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 (1) 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) 1.5%. 37 CFR 
    The change in the cost of living as determined by the CPI-U during 
the period from the most recent index published prior to the previous 
notice, i.e., before December 1, 2017,\1\ to the most recent index 
published before December 1, 2018, is 2.5%.\2\ In accordance with 37 
CFR 381.10(b), the Judges announce that the COLA for calendar year 2019 
shall be 2.5%. Application of the 2.5% COLA to the 2018 rate for the 
performance of published nondramatic musical compositions in the 
repertory of SESAC--$155 per station \3\--results in an adjusted rate 
of $159 per station.

    \1\ See Cost of Living Adjustment to Satellite Carrier 
Compulsory License Royalty Rates, 82 FR 55946 (Nov. 27, 2017) 
(previous notice of the change in cost of living).
    \2\ On November 14, 2018, the Bureau of Labor Statistics 
announced that the CPI-U increased 2.5% over the last 12 months.
    \3\ The 2018 rate is calculated by applying a 2% COLA (based on 
the CPI-U published in November 2017) to the rate for 2017 ($152). 
See https://www.bls.gov/news.release/archives/cpi_11152017.htm (last 
accessed on November 14, 2018).

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:


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

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

2. Section 381.5 is amended by revising paragraphs (c)(3)(i) and (ii) 
to read as follows:

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

* * * * *
    (c) * * *
    (3) * * *
    (i) 2018: $155 per station.
    (ii) 2019: $159 per station.
* * * * *

Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2018-25906 Filed 11-27-18; 8:45 am]