[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Rules and Regulations]
[Pages 83509-83510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26223]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 23-CRB-0011-PBR (2023-2027) COLA (2024)]


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 2024 of published nondramatic musical compositions in the SESAC 
Performing Rights, LLC (SESAC) and Global Music Rights, LLC (GMR) 
repertories pursuant to the statutory license under the Copyright Act 
for noncommercial broadcasting.

DATES: 
    Effective date: November 30, 2023.
    Applicability dates: These rates are applicable to the period 
January 1, 2024, through December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Anita Brown, CRB Program Assistant, 
(202) 707-7658, [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 June 28, 2023, 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 
2023-2027. See 88 FR 41827. 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) and (4) relating to 
compositions in the repertory of SESAC and GMR. 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

[[Page 83510]]

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, 2022, to the most recent index 
published before December 1, 2023, is 3.2%.\1\ In accordance with 37 
CFR 381.10(b), the Judges announce that the COLA for calendar year 2024 
shall be 3.2%. Application of the 3.2% COLA to the 2023 rates for the 
performance of published nondramatic musical compositions in the 
repertory of SESAC and GMR--$188 per station--results in an adjusted 
rate of $194 per station, rounded to the nearest dollar.
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    \1\ On November 14, 2023, the Bureau of Labor Statistics 
announced that the CPI-U increased 3.2% over the last 12 months.
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List of Subjects in 37 CFR Part 381

    Copyright, Music, Radio, Rates, Television.

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 paragraphs (c)(3)(i) and (ii) 
and (c)(4)(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) 2023: $188 per station.
    (ii) 2024: $194 per station.
* * * * *
    (4) * * *
    (i) 2023: $188 per station.
    (ii) 2024: $194 per station.
* * * * *

    Dated: November 22, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-26223 Filed 11-29-23; 8:45 am]
BILLING CODE 1410-72-P