[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Proposed Rules]
[Pages 58626-58627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23097]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 385

[Docket No. 21-CRB-0001-PR (2023-2027)]


Determination of Rates and Terms for Making and Distributing 
Phonorecords (Phonorecords IV)

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Proposed rule; second reopening of comment period.

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SUMMARY: Because a comment filed by settling parties included 
additional material (in particular a memorandum of understanding) that 
relates to statements in some of the comments the Copyright Royalty 
Judges received, the Judges are reopening the comment period for an 
additional 30 days. The proposed rule published for comment sets 
certain rates and terms applicable during the period beginning January 
1, 2023, and ending December 31, 2027, for the section 115 statutory 
license for making and distributing phonorecords of nondramatic musical 
works and is based on regulations proposed pursuant to a partial 
settlement among the settling parties.

DATES: The comment period for the proposed rule published June 25, 
2021, at 86 FR 33601, which was reopened on July 29, 2021, at 86 FR 
40793, is reopened a second time. Comments are due no later than 
November 22, 2021.

ADDRESSES: You may send comments, identified by docket number 21-CRB-
0001-PR (2023-2027), online through eCRB at https://app.crb.gov.
    Instructions: To send your comment through eCRB, if you don't have 
a user account, you will first need to register for an account and wait 
for your registration to be approved. Approval of user accounts is only 
available during business hours. Once you have an approved account, you 
can only sign in and file your comment after setting up multi-factor 
authentication, which can be done at any time of day. All comments must 
include the Copyright Royalty Board name and the docket number for this 
proposed rule. All properly filed comments will appear

[[Page 58627]]

without change in eCRB at https://app.crb.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to eCRB at https://app.crb.gov and perform a case 
search for docket 21-CRB-0001-PR (2023-2027).

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, 
202-707-7658, [email protected].

SUPPLEMENTARY INFORMATION: On June 25, 2021, the Copyright Royalty 
Judges published for comment proposed regulations (arising from a 
partial settlement) that set rates and terms applicable during the 
period beginning January 1, 2023, and ending December 31, 2027, for the 
section 115 statutory license for making and distributing phonorecords 
of nondramatic musical works. Comments were due by July 26, 2021. 86 FR 
33601 (Jun. 25, 2021). As some filers experienced technical 
difficulties filing their comments in eCRB, the Judges extended the 
deadline for filing comments to August 10, 2021. 86 FR 40793 (July 29, 
2021).
    On August 10, 2021, the final day of the extended comment period, 
the National Music Publishers' Association, Inc., (``NMPA'') and 
Nashville Songwriters Association International (``Copyright Owner 
Participants''), and Sony Music Entertainment, UMG Recordings, Inc. and 
Warner Music Group Corp. (``Joint Record Company Participants''), 
jointly submitted comments regarding the proposed rule (``Joint 
Submission''). Attached to the Joint Submission, as Exhibit C, was a 
Memorandum of Understanding (``MOU'') between the Joint Record Company 
Participants and the Recording Industry Association of America, Inc., 
on the one hand, and NMPA and certain music publishing companies, on 
the other.
    The Joint Submission included arguments that the MOU is irrelevant 
to the Judges' consideration of the proposed partial settlement and 
proposed regulations and that the MOU does not call into question the 
reasonableness of the proposed partial settlement and proposed 
regulations. Because interested parties other than those who submitted 
the Joint Submission may have been unable to adequately view or comment 
upon the MOU prior to the close of the Judges' extended comment period, 
the Judges are reopening the comment period. The Judges will allow 30 
days for comments regarding the impact, if any, that the MOU should 
have on the Judges' consideration of whether the proposed partial 
settlement and proposed regulations provide a reasonable basis for 
setting statutory rates and terms.

    Dated: October 19, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-23097 Filed 10-21-21; 8:45 am]
BILLING CODE 1410-72-P