Federal Register: December 1, 2005 (Volume 70, Number 230)
DOCID: FR Doc 05-23548
LIBRARY OF CONGRESS
Copyright Royalty Board, Library of Congress
CFR Citation: 37 CFR Part 253
Docket ID: [Docket No. 2005-6 CRB NCBRA]
ACTION: Copyright Arbitration Royalty Panel rules and procedures:
DOCUMENT ACTION: Final rule.
Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
DATES: January 3, 2006.
The Copyright Royalty Board of the Library of Congress announces a cost of living adjustment of 4.3% in the royalty rates paid by colleges, universities, or other nonprofit educational institutions that are not affiliated with National Public Radio for the use of copyrighted published nondramatic musical compositions in the BMI, ASCAP and SESAC repertoires. The cost of living adjustment is based on the change in the Consumer Price Index from October 2004 to October 2005.
Musical compositions performance by colleges and universities; cost of living adjustment,
Section 118 of the Copyright Act, 17 U.S.C., creates a compulsory license for the use of published nondramatic musical works and published pictorial, graphic, and sculptural works in connection with noncommercial broadcasting. Terms and rates for this compulsory license, applicable to parties who are not subject to privately negotiated licenses, are published in 37 CFR part 253 and are subject to adjustment at fiveyear intervals. 17 U.S.C. 118 (c).
The most recent proceeding to consider the terms and rates for the section 118 license occurred in 2002. 67 FR 15414 (April 1, 2002). Final regulations governing the terms and rates of copyright royalty payments with respect to certain uses by public broadcasting entities of published nondramatic musical works, and published pictorial, graphic, and sculptural works for the license period beginning January 1, 2003, and ending December 31, 2007, were published in the Federal Register on December 17, 2002. 67 FR 77170 (December 17, 2002). Pursuant to these regulations, on December 1 of each year the Librarian shall publish a notice of the change in the cost of living as determined by the Consumer Price Index (all consumers, all items) 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. 37 CFR 253.10 (a). The regulations also require that the Librarian publish a revised schedule of rates for the public performance of musical compositions in the ASCAP, BMI, and SESAC repertoires by public broadcasting entities licensed to colleges and universities, reflecting the change in the Consumer Price Index. 37 CFR 253.10 (b). Accordingly, the Copyright Royalty Board of the Library of Congress is hereby announcing the change in the Consumer Price Index and performing the annual cost of living adjustment to the rates set out in Sec. 253.5 (c).
The change in the cost of living as determined by the Consumer
Price Index (all consumers, all items) during the period from the most
recent Index published before December 1, 2004, to the most recent
Index published before December 1, 2005, is 4.3% (2004's figure was
190.9; the figure for 2004 is 199.2, based on 19821984 = 100 as a
reference base). Rounding off to the nearest dollar, the royalty rates
for the use of musical compositions in the repertories of ASCAP, BMI, and SESAC are $273, $273, and $89 respectively.
List of Subjects in 37 CFR Part 253
Copyright, Radio, Television.
For the reasons set forth in the preamble, the Copyright Royalty Board amends 37 CFR part 253 as follows:
PART 253USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING
1. The authority citation for part 253 continues to read as follows:
Authority: 17 U.S.C. 118, 801(b)(1) and 803.
Sec. 253.5 [Amended]
2. Section 253.5 (c) (1) is amended by removing ``$262'' and adding ``$273'' in its place.
Sec. 253.5 [Amended]
3. Section 253.5 (c) (2) is amended by removing ``$262'' and adding ``$273'' in its place.
Sec. 253.5 [Amended]
4. Section 253.5 (c) (3) is amended by removing ``$85'' and adding ``$89'' in its place.
Dated: November 28, 2005.
Bruce G. Forrest,
Interim Chief Copyright Royalty Judge.
[FR Doc. 0523548 Filed 113005; 8:45 am]
BILLING CODE 141072P
FOR FURTHER INFORMATION CONTACT
William J. Roberts, Jr., Senior Attorney, or Abioye E. Oyewole, CRB Program Specialist, Copyright Royalty Board (CRB), P.O. Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 2523423.