81_FR_40309 81 FR 40190 - Notice and Recordkeeping for Use of Sound Recordings Under Statutory License; Technical Amendment

81 FR 40190 - Notice and Recordkeeping for Use of Sound Recordings Under Statutory License; Technical Amendment

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 81, Issue 119 (June 21, 2016)

Page Range40190-40190
FR Document2016-14572

The Copyright Royalty Judges published in the Federal Register of May 19, 2016, a document amending regulations that govern reporting requirements for noncommercial educational webcasters that pay no more than the minimum fee for their use of sound recordings under the applicable statutory licenses. Inadvertently, the amendments did not remove a superseded definition and did not include a new defined term in the operative regulations. This document corrects those inadvertent omissions.

Federal Register, Volume 81 Issue 119 (Tuesday, June 21, 2016) 
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Page 40190]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14572]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 370

[Docket No. RM 2008-7]


Notice and Recordkeeping for Use of Sound Recordings Under 
Statutory License; Technical Amendment

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule; technical amendment.

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SUMMARY: The Copyright Royalty Judges published in the Federal Register 
of May 19, 2016, a document amending regulations that govern reporting 
requirements for noncommercial educational webcasters that pay no more 
than the minimum fee for their use of sound recordings under the 
applicable statutory licenses. Inadvertently, the amendments did not 
remove a superseded definition and did not include a new defined term 
in the operative regulations. This document corrects those inadvertent 
omissions.

DATES: Effective Date: June 21, 2016.
    Applicability Date: May 19, 2016.

FOR FURTHER INFORMATION CONTACT: Kimberly Whittle at (202) 707-7658 or 
at [email protected].

SUPPLEMENTARY INFORMATION: 

Introduction

    The Copyright Royalty Judges (Judges) published a final rule in the 
Federal Register of May 19, 2014, (81 FR 31506) that added a new term, 
Eligible Minimum Fee Webcaster, to the definition section of 37 CFR 
370.4. In doing so, the Judges intended to expand relaxed reporting 
requirements to certain noncommercial educational webcasters that 
previously had been excluded from such relaxed requirements. The Judges 
added those webcasters to the group and renamed the group to more 
precisely describe the members. The new term for the group is 
``Eligible Minimum Fee Webcaster.'' The new definition includes all 
entities that qualified under the previous ``Minimum Fee Broadcaster'' 
definition and certain noncommercial educational webcasters.
    The amended regulation inadvertently did not reference the new term 
``Eligible Minimum Fee Webcaster'' in the relevant sections of part 
370, namely, 37 CFR 370.4(d)(2)(vi) and (vii) and 370.4(d)(3)(i) and 
(ii). The amended regulation also should have removed the ``Minimum Fee 
Broadcaster'' definition, which is no longer necessary.
    The Judges now make the necessary changes to clarify that the 
reporting requirements in Part 370 that applied to ``Minimum Fee 
Broadcasters'' now apply to the more inclusive group, ``Eligible 
Minimum Fee Webcasters.''

Final Regulations

    In consideration of the foregoing, the Copyright Royalty Judges 
amend 37 CFR part 370 as follows:

PART 370--NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY 
LICENSES

0
1. The authority citation for part 370 continues to read as follows:

    Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A).


0
2. In Sec.  370.4:
0
a. In paragraph (b), remove the definition of ``Minimum Fee 
Broadcaster'';
0
b. Revise paragraphs (d)(2)(vi) and (vii) and (d)(3)(i) and (ii).
    The revisions read as follows:


Sec.  370.4  Reports of use of sound recordings under statutory license 
for nonsubscription transmission services, preexisting satellite 
digital audio radio services, new subscription services and business 
establishment services.

* * * * *
    (d) * * *
    (2) * * *
    (vi) For a nonsubscription transmission service except those 
qualifying as eligible minimum fee webcasters: The actual total 
performances of the sound recording during the reporting period.
    (vii) For a preexisting satellite digital audio radio service, a 
new subscription service, a business establishment service or a 
nonsubscription service qualifying as an eligible minimum fee 
webcaster: The actual total performances of the sound recording during 
the reporting period or, alternatively, the
    (A) Aggregate Tuning Hours;
    (B) Channel or program name; and
    (C) Play frequency.
    (3) * * *
    (i) For each calendar month of the year by all services other than 
a nonsubscription service qualifying as an eligible minimum fee 
webcaster; or
    (ii) For a two-week period (two periods of 7 consecutive days) for 
each calendar quarter of the year by a nonsubscription service 
qualifying as an eligible minimum fee webcaster and the two-week period 
need not consist of consecutive weeks, but both weeks must be 
completely within the calendar quarter.
* * * * *

    Dated: June 13, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.

Approved by:

David S. Mao,
Acting Librarian of Congress.
[FR Doc. 2016-14572 Filed 6-20-16; 8:45 am]
 BILLING CODE 1410-72-P

40190 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations necessary to maintain a safe course, SUMMARY: The Copyright Royalty Judges PART 370—NOTICE AND unless otherwise required by the published in the Federal Register of RECORDKEEPING REQUIREMENTS Navigation Rules. May 19, 2016, a document amending FOR STATUTORY LICENSES (2) Any person or vessel permitted to regulations that govern reporting enter the safety zone shall comply with requirements for noncommercial ■ 1. The authority citation for part 370 the directions and orders of the COTP educational webcasters that pay no continues to read as follows: or the COTP’s representatives. Upon more than the minimum fee for their use Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A). being hailed by a U.S. Coast Guard of sound recordings under the vessel by siren, radio, flashing lights, or ■ 2. In § 370.4: applicable statutory licenses. other means, the operator of a vessel ■ a. In paragraph (b), remove the Inadvertently, the amendments did not within the zone shall proceed as definition of ‘‘Minimum Fee directed. Any person or vessel within remove a superseded definition and did not include a new defined term in the Broadcaster’’; the safety zone shall exit the zone when operative regulations. This document ■ b. Revise paragraphs (d)(2)(vi) and directed by the COTP or the COTP’s corrects those inadvertent omissions. (vii) and (d)(3)(i) and (ii). representatives. (3) To obtain permissions required by The revisions read as follows: DATES:Effective Date: June 21, 2016. this regulation, individuals may reach § 370.4 Reports of use of sound the COTP or a COTP representative via Applicability Date: May 19, 2016. recordings under statutory license for VHF channel 16 or 617–223–5757 FOR FURTHER INFORMATION CONTACT: nonsubscription transmission services, (Sector Boston Command Center). Kimberly Whittle at (202) 707–7658 or preexisting satellite digital audio radio (c) Penalties. Those who violate this at crb@loc.gov. services, new subscription services and section are subject to the penalties set business establishment services. forth in 33 U.S.C. 1232 and 50 U.S.C. SUPPLEMENTARY INFORMATION: * * * * * 1226. Introduction (d) * * * (d) Notification. Coast Guard Sector Boston will give notice through the (2) * * * The Copyright Royalty Judges (Judges) Local Notice to Mariners and Broadcast (vi) For a nonsubscription published a final rule in the Federal Notice to Mariners for the purpose of transmission service except those Register of May 19, 2014, (81 FR 31506) enforcement of this temporary safety qualifying as eligible minimum fee that added a new term, Eligible webcasters: The actual total zone. Sector Boston will also notify the Minimum Fee Webcaster, to the public to the greatest extent possible of performances of the sound recording definition section of 37 CFR 370.4. In during the reporting period. any period in which the Coast Guard doing so, the Judges intended to expand will suspend enforcement of this safety (vii) For a preexisting satellite digital relaxed reporting requirements to zone. audio radio service, a new subscription (e) COTP Representative. The COTP’s certain noncommercial educational service, a business establishment service representative may be any Coast Guard webcasters that previously had been or a nonsubscription service qualifying commissioned, or petty officer or any excluded from such relaxed as an eligible minimum fee webcaster: federal, state, or local law enforcement requirements. The Judges added those The actual total performances of the officer who has been designated by the webcasters to the group and renamed sound recording during the reporting COTP to act on the COTP’s behalf. The the group to more precisely describe the period or, alternatively, the COTP’s representative may be on a members. The new term for the group is (A) Aggregate Tuning Hours; Coast Guard vessel, a Coast Guard ‘‘Eligible Minimum Fee Webcaster.’’ (B) Channel or program name; and Auxiliary vessel, a state or local law The new definition includes all entities enforcement vessel, or a location on that qualified under the previous (C) Play frequency. shore. ‘‘Minimum Fee Broadcaster’’ definition (3) * * * Dated: June 13, 2016. and certain noncommercial educational (i) For each calendar month of the C.C. Gelzer, webcasters. year by all services other than a nonsubscription service qualifying as an Captain, U.S. Coast Guard, Captain of the The amended regulation inadvertently Port Boston. eligible minimum fee webcaster; or did not reference the new term ‘‘Eligible [FR Doc. 2016–14642 Filed 6–20–16; 8:45 am] Minimum Fee Webcaster’’ in the (ii) For a two-week period (two BILLING CODE 9110–04–P relevant sections of part 370, namely, 37 periods of 7 consecutive days) for each calendar quarter of the year by a CFR 370.4(d)(2)(vi) and (vii) and nonsubscription service qualifying as an 370.4(d)(3)(i) and (ii). The amended eligible minimum fee webcaster and the LIBRARY OF CONGRESS regulation also should have removed the two-week period need not consist of ‘‘Minimum Fee Broadcaster’’ definition, consecutive weeks, but both weeks must Copyright Royalty Board which is no longer necessary. be completely within the calendar 37 CFR Part 370 The Judges now make the necessary quarter. changes to clarify that the reporting * * * * * [Docket No. RM 2008–7] requirements in Part 370 that applied to Dated: June 13, 2016. Notice and Recordkeeping for Use of ‘‘Minimum Fee Broadcasters’’ now Suzanne M. Barnett, Sound Recordings Under Statutory apply to the more inclusive group, rmajette on DSK2TPTVN1PROD with RULES Chief Copyright Royalty Judge. License; Technical Amendment ‘‘Eligible Minimum Fee Webcasters.’’ Approved by: AGENCY: Copyright Royalty Board, Final Regulations David S. Mao, Library of Congress. In consideration of the foregoing, the Acting Librarian of Congress. ACTION: Final rule; technical Copyright Royalty Judges amend 37 CFR [FR Doc. 2016–14572 Filed 6–20–16; 8:45 am] amendment. part 370 as follows: BILLING CODE 1410–72–P VerDate Sep<11>2014 14:40 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00042 Fmt 4700 Sfmt 9990 E:\FR\FM\21JNR1.SGM 21JNR1


Document Created: 2016-06-21 01:30:53
Document Modified: 2016-06-21 01:30:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; technical amendment.
ContactKimberly Whittle at (202) 707-7658 or at [email protected]
FR Citation81 FR 40190 
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