81_FR_52936 81 FR 52782 - Notice and Recordkeeping for Use of Sound Recordings Under Statutory License; Technical Amendment

81 FR 52782 - Notice and Recordkeeping for Use of Sound Recordings Under Statutory License; Technical Amendment

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 81, Issue 154 (August 10, 2016)

Page Range52782-52783
FR Document2016-19097

On June 21, 2016, the Copyright Royalty Judges (Judges) published in the Federal Register a technical amendment to 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. Subsequently, interested parties petitioned the Judges to amend the regulations further to effect the Judges' stated intent. The Judges' hereby publish the proposed amendment and request comments to the proposed rule.

Federal Register, Volume 81 Issue 154 (Wednesday, August 10, 2016) 
[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Proposed Rules]
[Pages 52782-52783]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19097]


=======================================================================
-----------------------------------------------------------------------

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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: On June 21, 2016, the Copyright Royalty Judges (Judges) 
published in the Federal Register a technical amendment to 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. Subsequently, 
interested parties petitioned the Judges to amend the regulations 
further to effect the Judges' stated intent. The Judges' hereby publish 
the proposed amendment and request comments to the proposed rule.

DATES: Comments are due no later than September 9, 2016.

ADDRESSES: This notice and request is also posted on the agency's Web 
site (www.loc.gov/crb) and on Regulations.gov (www.regulations.gov). 
Submit electronic comments to [email protected]. See the SUPPLEMENTARY 
INFORMATION section below for instructions on submitting comments in 
other formats.

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

SUPPLEMENTARY INFORMATION:

Introduction

    The Copyright Royalty Judges (Judges) published a technical 
amendment to a final rule in the Federal Register 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.'' \1\ 81 FR 40190 (Jun. 21, 2016) (emphasis 
added). The Judges added the new term ``Eligible Minimum Fee 
Webcaster'' to the definition section of 37 CFR 370.4. They also 
removed the ``Minimum Fee Broadcaster'' definition, which they deemed 
to be no longer necessary because the new definition of ``Eligible 
Minimum Fee Webcasters'' was intended to include the entities that 
qualified under the prior definition of ``Minimum Fee Broadcasters.''
---------------------------------------------------------------------------

    \1\ The Judges used the term ``webcaster'' advisedly, as 
stations do not report or pay royalties for broadcasting over the 
air. They only pay for the rights to stream sound recordings over 
the Internet, or ``webcast.''
---------------------------------------------------------------------------

    By adding the new term ``Eligible Minimum Fee Webcasters,'' the 
Judges intended to expand relaxed reporting requirements then available 
to Minimum Fee Broadcasters to certain nonprofit educational webcasters 
that had previously been denied those expanded relaxed reporting 
requirements.
    On June 21, 2016, the Judges received a Joint Petition of the 
National Association of Broadcasters and the National Religious 
Broadcasters Noncommercial Music License Committee to Amend Final Rule 
Regarding Reporting Requirements (Joint Motion). The moving parties 
contended that by removing the definition of ``Minimum Fee 
Broadcaster,'' the Judges had failed to effect their intent. The moving 
parties requested that the Judges reinstate the

[[Page 52783]]

definition of ``broadcaster'' as ``an entity that owns and operates a 
terrestrial AM or FM radio station that is licensed by the Federal 
Communications Commission.'' Absent this amendment, the petitioners 
contended that noncommercial minimum fee broadcasters that were not 
educational webcasters were excluded from the new definition of 
``Eligible Minimum Fee Webcaster.''
    The Judges find that the regulation, as amended on June 21, 2016, 
defines the new term ``Eligible Minimum Fee Webcaster'' too narrowly 
and therefore arguably excludes noncommercial minimum fee broadcasters, 
a category that the Judges had intended to include.
    The Judges shall treat the Joint Motion as a petition for 
rulemaking and now propose to make the necessary changes to include 
minimum fee noncommercial broadcasters in the definition of ``Eligible 
Minimum Fee Webcasters.'' That inclusion shall ensure that 
noncommercial minimum fee broadcasters qualify fully for the relaxed 
reporting requirements in part 370.

How To Submit Comments

    Interested parties must submit comments to only one of the 
following addresses. Unless responding by email, claimants must submit 
an original, five paper copies, and an electronic version on a CD or 
other portable memory device in Portable Document Format (PDF) that 
contains searchable, accessible text (not a scanned image of text). 
Commenters should conform all filed electronic documents to the Judges' 
Guidelines for Electronic Documents posted on the Copyright Royalty 
Board Web site at http://www.loc.gov/crb/docs/Guidelines_for_Electronic_Documents.pdf. Email: [email protected]; or
    U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 
20024-0977; or
    Overnight service (only USPS Express Mail is acceptable): Copyright 
Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or
    Commercial courier: Address package to: Copyright Royalty Board, 
Library of Congress, James Madison Memorial Building, LM-403, 101 
Independence Avenue SE., Washington, DC 20559-6000. Deliver to: 
Congressional Courier Acceptance Site, 2nd Street NE., and D Street 
NE., Washington, DC; or
    Hand delivery: Library of Congress, James Madison Memorial 
Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559-
6000.

List of Subjects in 37 CFR 370

    Copyright, Sound recordings.

Proposed Regulations

    In consideration of the foregoing, the Copyright Royalty Judges 
propose to 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, in paragraph (b), revise the definition of 
``Eligible Minimum Fee Webcaster'' to 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.

* * * * *
    (b) * * *
    Eligible Minimum Fee Webcaster means a nonsubscription transmission 
service whose payments for eligible transmissions do not exceed the 
annual minimum fee established for licensees relying upon the statutory 
licenses set forth in 17 U.S.C. 112(e) and 114; and:
    (i) Is a Licensee that owns and operates a terrestrial AM or FM 
radio station that is licensed by the Federal Communications 
Commission; or
    (ii) Is directly operated by, or affiliated with and officially 
sanctioned by, a domestically accredited primary or secondary school, 
college, university, or other post-secondary degree-granting 
institution; and
    (A) The digital audio transmission operations of which are, during 
the course of the year, staffed substantially by students enrolled in 
such institution;
    (B) Is exempt from taxation under section 501 of the Internal 
Revenue Code, has applied for such exemption, or is operated by a State 
or possession or any governmental entity or subordinate thereof, or by 
the United States or District of Columbia, for exclusively public 
purposes; and
    (C) Is not a ``public broadcasting entity'' (as defined in 17 
U.S.C. 118(f)) qualified to receive funding from the Corporation for 
Public Broadcasting pursuant to the criteria set forth in 47 U.S.C. 396
* * * * *

    Dated: July 28, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016-19097 Filed 8-8-16; 11:15 am]
BILLING CODE 1410-72-P

52782 Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Proposed Rules c. Review Under the National latitude 45°06′03.78″ N., longitude regulations further to effect the Judges’ Environmental Policy Act 87°37′16.40″ W.; thence southerly to stated intent. The Judges’ hereby A preliminary draft environmental latitude 45°06′2.80″ N., longitude publish the proposed amendment and assessment has been prepared for this 87°37′16.56″ W.; thence easterly along request comments to the proposed rule. action. Due to the administrative nature the Marinette Marine Corporation pier DATES: Comments are due no later than of this action and because the intended to the point of origin. The restricted area September 9, 2016. change will only expand the existing will be marked by a lighted and signed ADDRESSES: This notice and request is restricted area by approximately 1.4 floating buoy line. also posted on the agency’s Web site acres for a ten year period, the Corps (b) The regulation. All persons, (www.loc.gov/crb) and on expects that this regulation, if adopted, swimmers, vessels and other craft, Regulations.gov (www.regulations.gov). will not have a significant impact to the except those vessels under the Submit electronic comments to crb@ quality of the human environment and, supervision or contract to local military loc.gov. See the SUPPLEMENTARY therefore, preparation of an or Naval authority, vessels of the United INFORMATION section below for environmental impact statement will States Coast Guard, and local or state instructions on submitting comments in not be required. The environmental law enforcement vessels, are prohibited other formats. assessment will be finalized after the from entering the restricted area when FOR FURTHER INFORMATION CONTACT: public notice period is closed and all marked by signed floating buoy line Kimberly Whittle at (202) 707–7658 or comments have been received and without permission from the Supervisor at crb@loc.gov. considered. It may be reviewed at the of Shipbuilding, Conversion and Repair, SUPPLEMENTARY INFORMATION: District office listed at the end of the USN, Bath, ME or his/her authorized representative. Introduction FOR FURTHER INFORMATION CONTACT, above. (c) Enforcement. The regulation in The Copyright Royalty Judges (Judges) this section shall be enforced by the published a technical amendment to a d. Unfunded Mandates Act Supervisor of Shipbuilding, Conversion final rule in the Federal Register to This proposed rule does not impose and Repair, USN, Bath, ME and/or such clarify that the reporting requirements an enforceable duty among the private agencies or persons as he/she may in Part 370 that applied to ‘‘Minimum sector and, therefore, it is not a Federal designate. Fee Broadcasters’’ now apply to the private section mandate and it is not (d) Disestablishment of restricted more inclusive group, ‘‘Eligible subject to the requirements of either area. The restricted area will be Minimum Fee Webcasters.’’ 1 81 FR section 202 or Section 205 of the disestablished not later than November 40190 (Jun. 21, 2016) (emphasis added). Unfunded Mandates Act. We have also 17, 2025, unless written application for The Judges added the new term found under Section 203 of the Act, that its continuance is made to and approved ‘‘Eligible Minimum Fee Webcaster’’ to small governments will not be by the Secretary of the Army prior to the definition section of 37 CFR 370.4. significantly and uniquely affected by that date. They also removed the ‘‘Minimum Fee this rulemaking. Dated: August 3, 2016. Approved: Broadcaster’’ definition, which they Edward E. Belk, Jr., deemed to be no longer necessary List of Subjects in 33 CFR Part 334 because the new definition of ‘‘Eligible Chief, Operations and Regulatory Division, Danger zones, Marine safety, Directorate of Civil Works. Minimum Fee Webcasters’’ was Navigation (water), Restricted areas, [FR Doc. 2016–19023 Filed 8–9–16; 8:45 am] intended to include the entities that Waterways. BILLING CODE 3720–58–P qualified under the prior definition of For the reasons stated in the ‘‘Minimum Fee Broadcasters.’’ preamble, the Corps proposes to amend By adding the new term ‘‘Eligible 33 CFR part 334, as follows: Minimum Fee Webcasters,’’ the Judges LIBRARY OF CONGRESS intended to expand relaxed reporting PART 334—DANGER ZONE AND Copyright Royalty Board requirements then available to RESTRICTED AREA REGULATIONS Minimum Fee Broadcasters to certain 37 CFR Part 370 nonprofit educational webcasters that ■ 1. The authority citation for 33 CFR had previously been denied those part 334 continues to read as follows: [Docket No. RM 2008–7] expanded relaxed reporting Authority: 40 Stat. 266 (33 U.S.C. 1) and requirements. Notice and Recordkeeping for Use of On June 21, 2016, the Judges received 40 Stat. 892 (33 U.S.C. 3). Sound Recordings Under Statutory a Joint Petition of the National ■ 2. Revise § 334.815 to read as follows: License; Technical Amendment Association of Broadcasters and the § 334.815, Menominee River, at the AGENCY: Copyright Royalty Board, National Religious Broadcasters Marinette Marine Corporation Shipyard, Library of Congress. Noncommercial Music License Marinette, Wisconsin; naval restricted area. ACTION: Proposed rule. Committee to Amend Final Rule (a) The area. The waters adjacent to Regarding Reporting Requirements Marinette Marine Corporation’s pier SUMMARY: On June 21, 2016, the (Joint Motion). The moving parties defined by a rectangular shape on the Copyright Royalty Judges (Judges) contended that by removing the south side of the river beginning on published in the Federal Register a definition of ‘‘Minimum Fee shore at the eastern property line of technical amendment to regulations that Broadcaster,’’ the Judges had failed to Lhorne on DSK30JT082PROD with PROPOSALS Marinette Marine Corporation at govern reporting requirements for effect their intent. The moving parties latitude 45°05′55.87″ N., longitude noncommercial educational webcasters requested that the Judges reinstate the 087°36′55.61″ W.; thence northerly to that pay no more than the minimum fee 1 The Judges used the term ‘‘webcaster’’ latitude 45°05′59.72″ N., longitude for their use of sound recordings under advisedly, as stations do not report or pay royalties 087°36′55.61″ W.; thence westerly to the applicable statutory licenses. for broadcasting over the air. They only pay for the latitude 45°06′03.22″ N., longitude Subsequently, interested parties rights to stream sound recordings over the Internet, 87°37′09.75″ W.; thence westerly to petitioned the Judges to amend the or ‘‘webcast.’’ VerDate Sep<11>2014 18:50 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\10AUP1.SGM 10AUP1

Federal Register / Vol. 81, No. 154 / Wednesday, August 10, 2016 / Proposed Rules 52783 definition of ‘‘broadcaster’’ as ‘‘an entity Proposed Regulations DEPARTMENT OF HEALTH AND that owns and operates a terrestrial AM HUMAN SERVICES or FM radio station that is licensed by In consideration of the foregoing, the the Federal Communications Copyright Royalty Judges propose to Centers for Medicare & Medicaid Commission.’’ Absent this amendment, amend 37 CFR part 370 as follows: Services the petitioners contended that PART 370—NOTICE AND noncommercial minimum fee 42 CFR Parts 405, 410, 411, 414, 417, RECORDKEEPING REQUIREMENTS broadcasters that were not educational 422, 423, 424, 425, and 460 FOR STATUTORY LICENSES webcasters were excluded from the new [CMS–1654–CN] definition of ‘‘Eligible Minimum Fee ■ 1. The authority citation for part 370 RIN 0938–AS81 Webcaster.’’ continues to read as follows: The Judges find that the regulation, as amended on June 21, 2016, defines the Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A). Medicare Program; Revisions to new term ‘‘Eligible Minimum Fee Payment Policies Under the Physician ■ 2. In § 370.4, in paragraph (b), revise Fee Schedule and Other Revisions to Webcaster’’ too narrowly and therefore the definition of ‘‘Eligible Minimum Fee Part B for CY 2017; Medicare arguably excludes noncommercial Webcaster’’ to read as follows: Advantage Pricing Data Release; minimum fee broadcasters, a category that the Judges had intended to include. § 370.4 Reports of use of sound Medicare Advantage and Part D The Judges shall treat the Joint Motion recordings under statutory license for Medical Low Ratio Data Release; as a petition for rulemaking and now nonsubscription transmission services, Medicare Advantage Provider Network propose to make the necessary changes preexisting satellite digital audio radio Requirements; Expansion of Medicare to include minimum fee noncommercial services, new subscription services and Diabetes Prevention Program Model; broadcasters in the definition of business establishment services. Correction ‘‘Eligible Minimum Fee Webcasters.’’ * * * * * AGENCY: Centers for Medicare & That inclusion shall ensure that (b) * * * Medicaid Services (CMS), HHS. noncommercial minimum fee Eligible Minimum Fee Webcaster ACTION: Proposed rule; correction. broadcasters qualify fully for the relaxed means a nonsubscription transmission reporting requirements in part 370. service whose payments for eligible SUMMARY: This document corrects a How To Submit Comments transmissions do not exceed the annual technical error in the proposed rule that minimum fee established for licensees appeared in the July 15, 2016 Federal Interested parties must submit Register (81 FR 46162–46476) entitled, relying upon the statutory licenses set comments to only one of the following ‘‘Medicare Program; Revisions to forth in 17 U.S.C. 112(e) and 114; and: addresses. Unless responding by email, Payment Policies under the Physician claimants must submit an original, five (i) Is a Licensee that owns and Fee Schedule and Other Revisions to paper copies, and an electronic version operates a terrestrial AM or FM radio Part B for CY 2017; Medicare Advantage on a CD or other portable memory station that is licensed by the Federal Pricing Data Release; Medicare device in Portable Document Format Communications Commission; or Advantage and Part D Medical Low (PDF) that contains searchable, (ii) Is directly operated by, or Ratio Data Release; Medicare Advantage accessible text (not a scanned image of affiliated with and officially sanctioned Provider Network Requirements; text). Commenters should conform all by, a domestically accredited primary or Expansion of Medicare Diabetes filed electronic documents to the secondary school, college, university, or Prevention Program Model.’’ Judges’ Guidelines for Electronic other post-secondary degree-granting DATES: The proposed rule published Documents posted on the Copyright institution; and July 15, 2016 (81 FR 46162–46476) is Royalty Board Web site at http:// (A) The digital audio transmission corrected as of August 9, 2016. www.loc.gov/crb/docs/Guidelines_for_ operations of which are, during the FOR FURTHER INFORMATION CONTACT: Electronic_Documents.pdf. Email: crb@ course of the year, staffed substantially loc.gov; or Terri Plumb, (410) 786–4481, Gaysha by students enrolled in such institution; Brooks, (410) 786–9649, or Annette U.S. mail: Copyright Royalty Board, (B) Is exempt from taxation under Brewer (410) 786–6580. P.O. Box 70977, Washington, DC 20024– section 501 of the Internal Revenue SUPPLEMENTARY INFORMATION: 0977; or Overnight service (only USPS Express Code, has applied for such exemption, or is operated by a State or possession I. Background Mail is acceptable): Copyright Royalty Board, P.O. Box 70977, Washington, DC or any governmental entity or In FR Doc. 2016–16097 (81 FR 46162), 20024–0977; or subordinate thereof, or by the United the proposed rule entitled, ‘‘Medicare Commercial courier: Address package States or District of Columbia, for Program; Revisions to Payment Policies to: Copyright Royalty Board, Library of exclusively public purposes; and under the Physician Fee Schedule and Congress, James Madison Memorial (C) Is not a ‘‘public broadcasting Other Revisions to Part B for CY 2017; Building, LM–403, 101 Independence entity’’ (as defined in 17 U.S.C. 118(f)) Medicare Advantage Pricing Data Avenue SE., Washington, DC 20559– qualified to receive funding from the Release; Medicare Advantage and Part D 6000. Deliver to: Congressional Courier Corporation for Public Broadcasting Medical Low Ratio Data Release; Acceptance Site, 2nd Street NE., and D pursuant to the criteria set forth in 47 Medicare Advantage Provider Network U.S.C. 396 Requirements; Expansion of Medicare Lhorne on DSK30JT082PROD with PROPOSALS Street NE., Washington, DC; or Hand delivery: Library of Congress, * * * * * Diabetes Prevention Program Model’’ James Madison Memorial Building, LM– (referred to hereafter as the ‘‘CY 2017 Dated: July 28, 2016. PFS proposed rule,’’) there was a 401, 101 Independence Avenue SE., Suzanne M. Barnett, technical error that is identified and Washington, DC 20559–6000. Chief Copyright Royalty Judge. corrected in this correcting document. List of Subjects in 37 CFR 370 [FR Doc. 2016–19097 Filed 8–8–16; 11:15 am] The correction is applicable as of Copyright, Sound recordings. BILLING CODE 1410–72–P August 9, 2016. VerDate Sep<11>2014 13:58 Aug 09, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\10AUP1.SGM 10AUP1


Document Created: 2016-08-10 01:59:35
Document Modified: 2016-08-10 01:59:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments are due no later than September 9, 2016.
ContactKimberly Whittle at (202) 707-7658 or at [email protected]
FR Citation81 FR 52782 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR