80 FR 73117 - Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 80, Issue 226 (November 24, 2015)
Copyright Royalty Board
Federal Register Volume 80, Issue 226 (November 24, 2015)
| Page Range | 73117-73118 | |
| FR Document | 2015-29862 |
[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)] [Rules and Regulations] [Pages 73117-73118] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-29862] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 15-CRB-0013-NCEBR-COLA (2016)] Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities AGENCY: Copyright Royalty Board, Library of Congress. [[Page 73118]] ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2% in the royalty rates that colleges, universities, and other educational institutions not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the SESAC repertory for the statutory license under the Copyright Act for noncommercial broadcasting. DATES: Effective Date: December 24, 2015. FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist, 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 November 29, 2012, 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 2013-2017. See 77 FR 71104. Pursuant to these regulations, on or before December 1 of each year, the Judges shall publish in the Federal Register a notice of the change in the cost of living for the rate 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 ``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%. 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 before December 1, 2014, to the most recent index published before December 1, 2015, is .2%.\1\ In accordance with 37 CFR 381.10(b), the Judges announce that COLA for calendar year 2016 shall be 2%. Application of the 2% COLA to the current rate for the performance of published nondramatic musical compositions in the repertory of SESAC--$146 per station--results in an adjusted rate of $149 per station. --------------------------------------------------------------------------- \1\ On November 17, 2015, the Bureau of Labor Statistics announced that the CPI-U increased .2% over the last 12 months. --------------------------------------------------------------------------- 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) 2016: $149 per station. * * * * * Dated: November 18, 2015. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2015-29862 Filed 11-23-15; 8:45 am] BILLING CODE 1410-72-P
![Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations 73117
on the relationship between the national comments or information that may lead (1) Entry into, transiting, or anchoring
government and the States, or on the to the discovery of a significant within the safety zone is prohibited
distribution of power and environmental impact from this rule. unless vessels obtain permission from
responsibilities among the various the Captain of the Port (COTP) or make
G. Protest Activities
levels of government. We have analyzed satisfactory passing arrangements, via
this rule under that Order and have The Coast Guard respects the First VHF–FM channel 16, with the dredge
determined that it is consistent with the Amendment rights of protesters. ESSEX per this rule and the Rules of the
fundamental federalism principles and Protesters are asked to contact the Road (33 CFR chapter I, subchapter E).
preemption requirements described in person listed in the FOR FURTHER (2) To seek permission to transit the
E.O. 13132. INFORMATION CONTACT section to safety zone, the Captain of the Port’s
Also, this rule does not have tribal coordinate protest activities so that your representative can be contact via VHF–
implications under E.O. 13175, message can be received without FM channel 16.
Consultation and Coordination with jeopardizing the safety or security of (3) Vessels granted permission to
Indian Tribal Governments, because it people, places or vessels. transit the safety zone must do so in
does not have a substantial direct effect accordance with the directions provided
on one or more Indian tribes, on the List of Subjects in 33 CFR Part 165 by the Captain of the Port or his
relationship between the Federal Harbors, Marine safety, Navigation designated representative.
Government and Indian tribes, or on the (water), Reporting and recordkeeping (4) No person or vessel may enter or
distribution of power and requirements, Security measures, remain in a safety zone without
responsibilities between the Federal Waterways. permission from the Captain of the Port;
Government and Indian tribes. If you (5) Each person and vessel in a safety
For the reasons discussed in the zone shall obey any direction or order
believe this rule has implications for
preamble, the Coast Guard amends 33 of the Captain of the Port or his
federalism or Indian tribes, please
CFR part 165 as follows: designated representative.
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section (6) At least one side of the main
PART 165—REGULATED NAVIGATION
above. navigational channel will be clear for
AREAS AND LIMITED ACCESS AREAS
safe passage of vessels in the vicinity of
E. Unfunded Mandates Reform Act the safety zone. At no time will the
■ 1. The authority citation for part 165
The Unfunded Mandates Reform Act continues to read as follows: main navigational channel be closed for
of 1995 (2 U.S.C. 1531–1538) requires vessel traffic. Vessels are advised to
Federal agencies to assess the effects of Authority: 33 U.S.C 1231; 50 U.S.C. 191; ensure safety passage by contacting the
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
their discretionary regulatory actions. In dredge ESSEX on VHF–FM channel 16
Department of Homeland Security Delegation
particular, the Act addresses actions No. 0170.1. one hour prior to arrival.
that may result in the expenditure by a (7) This section applies to all vessels
State, local, or tribal government, in the ■ 2. Add temporary § 165.T05–1032, to wishing to transit through the safety
aggregate, or by the private sector of read as follows: zone except vessels that are engaged in
$100,000,000 (adjusted for inflation) or the following operations: enforcing
§ 165.T05–1032 Safety Zone, Delaware
more in any one year. Though this rule River; New Castle, DE
laws; servicing aids to navigation, and
will not result in such an expenditure, emergency response vessels.
we do discuss the effects of this rule (a) Location: The safety zone will (d) Enforcement officials. The U.S.
elsewhere in this preamble. include all waters within the boundaries Coast Guard may be assisted by Federal,
of Pea Patch Island Anchorage No. 5 (as State, and local agencies in the patrol
F. Environment defined in 33 CFR 110.157(a)(6)) and all and enforcement of the zone.
We have analyzed this rule under waters within a portion of Reedy Point (e) Enforcement period. This rule will
Department of Homeland Security South Anchorage No. 3 (as defined in 33 be enforced from November 20, 2015, to
Management Directive 023–01 and CFR 110.157(a)(4)) north of a line drawn December 31, 2015, unless cancelled
Commandant Instruction M16475.lD, between positions 39°33′7.5″ N, earlier by the Captain of the Port.
which guide the Coast Guard in 75°33′2.0″ W and 39°33′8.8″ N,
Dated: November 18, 2015.
complying with the National 75°32′31.8″ W, as charted on NOAA
B.A. Cooper,
Environmental Policy Act of 1969(42 chart 12311. These coordinates are
based upon North American Datum 83 Captain, U.S. Coast Guard, Captain of the
U.S.C. 4321–4370f), and have Port Delaware Bay.
determined that this action is one of a (NAD 83).
[FR Doc. 2015–29835 Filed 11–23–15; 8:45 am]
category of actions that do not (b) Definitions.—(1) The Captain of
BILLING CODE 9110–04–P
individually or cumulatively have a the Port means the Commander of
significant effect on the human Sector Delaware Bay or any Coast Guard
environment. This rule involves a safety commissioned, warrant, or petty officer
zone in force from November 20, 2015 who has been authorized by the Captain LIBRARY OF CONGRESS
to December 31, 2015, that prohibits of the Port to act on his behalf.
Copyright Royalty Board
entry of vessels in Pea Patch Island (2) Designated representative means
Anchorage No. 5 and the upper portion any Coast Guard commissioned, warrant 37 CFR Part 381
of Reed Point Anchorage No. 3. It is or petty officer who has been authorized
categorically excluded from further by the Captain of the Port, Delaware [Docket No. 15–CRB–0013–NCEBR–COLA
mstockstill on DSK4VPTVN1PROD with RULES
review under paragraph 34(g) of Figure Bay, to assist in enforcing the safety (2016)]
2–1 of the Commandant Instruction. An zone described in paragraph (a) of this
Cost of Living Adjustment for
environmental analysis checklist section.
Performance of Musical Compositions
supporting this determination and a (c) Regulations: The general safety
by Colleges and Universities
Categorical Exclusion Determination are zone regulations found in 33 CFR part
available in the docket where indicated 165 subpart C apply to the safety zone AGENCY: Copyright Royalty Board,
under ADDRESSES. We seek any created by this section. Library of Congress.
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![73118 Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations
ACTION: Final rule. SESAC—$146 per station—results in an Applicability Dates: These rates are
adjusted rate of $149 per station. applicable to the period January 1, 2016,
SUMMARY: The Copyright Royalty Judges through December 31, 2016.
List of Subjects in 37 CFR Part 381
announce a cost of living adjustment FOR FURTHER INFORMATION CONTACT:
(COLA) of 2% in the royalty rates that Copyright, Music, Radio, Television, LaKeshia Keys, CRB Program Specialist,
colleges, universities, and other Rates. by telephone at (202) 707–7658 or by
educational institutions not affiliated Final Regulations email at crb@loc.gov.
with National Public Radio pay for the SUPPLEMENTARY INFORMATION: The
use of published nondramatic musical In consideration of the foregoing, the
satellite carrier compulsory license
compositions in the SESAC repertory Judges amend part 381 of title 37 of the
establishes a statutory copyright
for the statutory license under the Code of Federal Regulations as follows:
licensing scheme for the retransmission
Copyright Act for noncommercial of distant television programming by
broadcasting. PART 381—USE OF CERTAIN
COPYRIGHTED WORKS IN satellite carriers. 17 U.S.C. 119.
DATES: Effective Date: December 24, CONNECTION WITH Congress created the license in 1988 and
2015. NONCOMMERCIAL EDUCATIONAL has reauthorized the license for
BROADCASTING additional five-year periods, most
FOR FURTHER INFORMATION CONTACT: recently with the passage of the STELA
LaKeshia Keys, CRB Program Specialist, ■ 1. The authority citation for part 381 Reauthorization Act of 2014, Public Law
by telephone at (202) 707–7658 or by continues to read as follows: 113–200.
email at crb@loc.gov. On August 31, 2010, the Copyright
Authority: 17 U.S.C. 118, 801(b)(1), and
803. Royalty Judges (Judges) adopted rates
SUPPLEMENTARY INFORMATION: Section
for the section 119 compulsory license
118 of the Copyright Act, title 17 of the ■ 2. Section 381.5 is amended by for the 2010–2014 term. See 75 FR
United States Code, creates a statutory revising paragraph (c)(3)(iv) to read as 53198. The rates were proposed by
license for the use of published follows: Copyright Owners and Satellite
nondramatic musical works and
§ 381.5 Performance of musical
Carriers 1 and were unopposed. Id.
published pictorial, graphic, and
compositions by public broadcasting Section 119(c)(2) of the Copyright Act
sculptural works in connection with
entities licensed to colleges and provides that, effective January 1 of each
noncommercial broadcasting.
universities. year, the Judges shall adjust the royalty
On November 29, 2012, the Copyright fee payable under Section 119(b)(1)(B)
* * * * *
Royalty Judges (Judges) adopted final ‘‘to reflect any changes occurring in the
(c) * * *
regulations governing the rates and cost of living as determined by the most
terms of copyright royalty payments (3) * * *
(iv) 2016: $149 per station. recent Consumer Price Index (for all
under section 118 of the Copyright Act consumers and for all items) [CPI–U]
for the license period 2013–2017. See 77 * * * * * published by the Secretary of Labor
FR 71104. Pursuant to these regulations, Dated: November 18, 2015. before December 1 of the preceding
on or before December 1 of each year, Suzanne M. Barnett, year.’’ Section 119 also requires that
the Judges shall publish in the Federal Chief Copyright Royalty Judge. ‘‘[n]otification of the adjusted fees shall
Register a notice of the change in the [FR Doc. 2015–29862 Filed 11–23–15; 8:45 am] be published in the Federal Register at
cost of living for the rate codified at least 25 days before January 1.’’ 17
BILLING CODE 1410–72–P
§ 381.5(c)(3) relating to compositions in U.S.C. 119(c)(2).
the repertory of SESAC. The adjustment, The change in the cost of living as
fixed to the nearest dollar, shall be the LIBRARY OF CONGRESS determined by the CPI–U during the
greater of ‘‘the change in the cost of period from the most recent index
living as determined by the Consumer Copyright Royalty Board published before December 1, 2014, to
Price Index (all consumers, all items) the most recent index published before
[CPI–U] * * * during the period from 37 CFR Part 386 December 1, 2015, is .2%.2 Application
the most recent index published prior to of the .2% COLA to the current rate for
the previous notice to the most recent [Docket No. 15–CRB–0014–SA–COLA the secondary transmission of broadcast
index published prior to December 1, of (2016)] stations by satellite carriers for private
that year,’’ or 2%. 37 CFR 381.10. home viewing—27 cents per subscriber
The change in the cost of living as Cost of Living Adjustment to Satellite per month—results in an unchanged
determined by the CPI–U during the Carrier Compulsory License Royalty rate of 27 cents per subscriber per
period from the most recent index Rates month (rounded to the nearest cent). See
published before December 1, 2014, to 37 CFR 386.2(b)(1). Application of the
AGENCY: Copyright Royalty Board, .2% COLA to the current rate for
the most recent index published before
Library of Congress. viewing in commercial establishments—
December 1, 2015, is .2%.1 In
accordance with 37 CFR 381.10(b), the ACTION: Final rule. 56 cents per subscriber per month—
Judges announce that COLA for results in an unchanged rate of 56 cents
SUMMARY: The Copyright Royalty Judges per subscriber per month (rounded to
calendar year 2016 shall be 2%.
announce a cost of living adjustment
Application of the 2% COLA to the
mstockstill on DSK4VPTVN1PROD with RULES
(COLA) of 0% in the royalty rates
current rate for the performance of 1 Program Suppliers and Joint Sports Claimants
satellite carriers pay for a compulsory comprised the Copyright Owners while DIRECTV,
published nondramatic musical
license under the Copyright Act. The Inc., DISH Network, LLC, and National
compositions in the repertory of
COLA is based on the change in the Programming Service, LLC, comprised the Satellite
Consumer Price Index from October Carriers.
1 On November 17, 2015, the Bureau of Labor 2 On November 17, 2015, the Bureau of Labor
Statistics announced that the CPI–U increased .2%
2014 to October 2015. Statistics announced that the CPI–U increased .2%
over the last 12 months. DATES: Effective Date: January 1, 2016. over the last 12 months.
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Document Created: 2015-12-14 14:08:46
Document Modified: 2015-12-14 14:08:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Contact | LaKeshia Keys, CRB Program Specialist, by telephone at (202) 707-7658 or by email at [email protected] | |
| FR Citation | 80 FR 73117 | |
| CFR Associated | Copyright; Music; Radio; Television and Rates |
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