[Federal Register Volume 85, Number 227 (Tuesday, November 24, 2020)]
[Rules and Regulations]
[Pages 74883-74884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25741]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 20-CRB-0011-PBR (2018-2022) COLA (2021)]


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.

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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 2021 of published nondramatic musical compositions in the SESAC 
repertory pursuant to the statutory license under the Copyright Act for 
noncommercial broadcasting.

DATES: 
    Effective date: December 9, 2020.
    Applicability dates: These rates are applicable to the period 
beginning January 1, 2021, and ending December 31, 2021.

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 
381.10.
    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, 2019, to the most recent index 
published before December 1, 2020, is 1.2%.\1\ In

[[Page 74884]]

accordance with 37 CFR 381.10(b), the Judges announce that the COLA for 
calendar year 2021 shall be 1.5%. Application of the 1.5% COLA to the 
2020 rate for the performance of published nondramatic musical 
compositions in the repertory of SESAC--$162 per station--results in an 
adjusted rate of $164 per station.
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    \1\ On November 12, 2020, the Bureau of Labor Statistics 
announced that the CPI-U increased 1.2% over the last 12 months.
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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)(iv) to read as 
follows:


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

* * * * *
    (c) * * *
    (3) * * *
    (iv) 2021: $164 per station.
* * * * *

    Dated: November 17, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2020-25741 Filed 11-23-20; 8:45 am]
BILLING CODE 1410-72-P