83 FR 61125 - Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 83, Issue 229 (November 28, 2018)
Copyright Royalty Board
Federal Register Volume 83, Issue 229 (November 28, 2018)
| Page Range | 61125-61125 | |
| FR Document | 2018-25908 |
[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)] [Rules and Regulations] [Page 61125] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25908] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 380 [Docket No. 14-CRB-0001-WR (2016-2020) COLA 2019] Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License AGENCY: Copyright Royalty Board (CRB), Library of Congress. ACTION: Final rule; cost of living adjustment. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of sound recordings. DATES: Effective date: January 1, 2019. Applicability dates: These rates are applicable to the period January 1, 2019, through December 31, 2019. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Assistant, by telephone at (202) 707-7658 or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: Sections 112(e) and 114(f) of the Copyright Act, title 17 of the United States Code, create statutory licenses for certain digital performances of sound recordings and the making of ephemeral reproductions to facilitate transmission of those sound recordings. On May 2, 2016, the Copyright Royalty Judges (Judges) adopted final regulations governing the rates and terms of copyright royalty payments under those licenses for the license period 2016-2020 for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. See 81 FR 26316. Pursuant to those regulations, at least 25 days before January 1 of each year from 2017 to 2020, the Judges shall publish in the Federal Register notice of a COLA applicable to the royalty fees for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. 37 CFR 380.10. The adjustment in the royalty fee shall be based on a calculation of the percentage increase in the CPI-U from the CPI-U published in November 2015 (237.838), according to the formula (1 + (Cy - 237.838)/237.838) x R2016 , where Cy is the CPI-U published by the Secretary of Labor before December 1 of the preceding year and R2016 is the royalty rate for 2016; i.e., for commercial webcasters $0.0022 per subscription performance or $0.0017 per nonsubscription performance, or for noncommercial webcasters $0.0018 per performance for all digital audio transmissions in excess of 159,140 Aggregate Tuning Hours (ATH) in a month on a channel or station. The adjustment shall be rounded to the nearest fourth decimal place. 37 CFR 380.10(c). The CPI-U published by the Secretary of Labor from the most recent index published before December 1, 2018, is 252.885.\1\ Applying the formula in 37 CFR 380.10(c) and rounding to the nearest fourth decimal place results in an increase in the rates for 2019. --------------------------------------------------------------------------- \1\ As announced on November 14, 2018, by the Bureau of Labor Statistics in its News Release--Consumer Price Index October 2018, available at http://www.bls.gov/news.release/pdf/cpi.pdf at 4. --------------------------------------------------------------------------- The 2019 rate for eligible transmission of sound recordings by commercial webcasters is a rate of $0.0023 per subscription performance and a rate of $0.0018 per nonsubscription performance. Application of the increase to rates for noncommercial webcasters results in a 2019 rate of $0.0019 per performance for all digital audio transmissions in excess of 159,140 ATH in a month on a channel or station. As provided in 37 CFR 380.10(d), the royalty fee for making ephemeral recordings under section 112 of the Copyright Act to facilitate digital transmission of sound recordings under section 114 of the Copyright Act is included in the section 114 royalty fee and comprises 5% of the total fee. List of Subjects in 37 CFR Part 380 Copyright, Sound recordings. Final Regulations In consideration of the foregoing, the Judges amend part 380 of title 37 of the Code of Federal Regulations as follows: PART 380--RATES AND TERMS FOR TRANSMISSIONS BY ELIGIBLE NONSUBSCRIPTION SERVICES AND NEW SUBSCRIPTION SERVICES AND FOR THE MAKING OF EPHEMERAL REPRODUCTIONS TO FACILITATE THOSE TRANSMISSIONS 0 1. The authority citation for part 380 continues to read as follows: Authority: 17 U.S.C. 112(e), 114(f), 804(b)(3). 0 2. Section 380.10 is amended by revising paragraph (a) to read as follows: Sec. 380.10 Royalty fees for the public performance of sound recordings and the making of ephemeral recordings. (a) Royalty fees. For the year 2019, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the following rates: (1) Commercial webcasters: $0.0023 per performance for subscription services and $0.0018 per performance for nonsubscription services. (2) Noncommercial webcasters. $500 per year for each channel or station and $0.0019 per performance for all digital audio transmissions in excess of 159,140 ATH in a month on a channel or station. * * * * * Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2018-25908 Filed 11-27-18; 8:45 am] BILLING CODE 1410-72-P
![Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations 61125
print, audiotape or compact disc) on Applicability dates: These rates are $0.0018 per nonsubscription
request to the program contact person applicable to the period January 1, 2019, performance.
listed under FOR FURTHER INFORMATION through December 31, 2019. Application of the increase to rates for
CONTACT. FOR FURTHER INFORMATION CONTACT: noncommercial webcasters results in a
If you use a telecommunications Anita Blaine, CRB Program Assistant, by 2019 rate of $0.0019 per performance for
device for the deaf or a text telephone, telephone at (202) 707–7658 or by email all digital audio transmissions in excess
call the Federal Relay Service, toll free, at crb@loc.gov. of 159,140 ATH in a month on a
at 1–800–877–8339. SUPPLEMENTARY INFORMATION: Sections
Electronic Access to This Document: channel or station.
112(e) and 114(f) of the Copyright Act,
The official version of this document is title 17 of the United States Code, create As provided in 37 CFR 380.10(d), the
the document published in the Federal statutory licenses for certain digital royalty fee for making ephemeral
Register. You may access the official performances of sound recordings and recordings under section 112 of the
edition of the Federal Register and the the making of ephemeral reproductions Copyright Act to facilitate digital
Code of Federal Regulations via the to facilitate transmission of those sound transmission of sound recordings under
Federal Digital System at: www.gpo.gov/ recordings. On May 2, 2016, the section 114 of the Copyright Act is
fdsys. At this site you can view this Copyright Royalty Judges (Judges) included in the section 114 royalty fee
document, as well as all other adopted final regulations governing the and comprises 5% of the total fee.
documents of this Department rates and terms of copyright royalty
published in the Federal Register, in payments under those licenses for the List of Subjects in 37 CFR Part 380
text or Portable Document Format license period 2016–2020 for Copyright, Sound recordings.
(PDF). To use PDF you must have performances of sound recordings via
Adobe Acrobat Reader, which is eligible transmissions by commercial Final Regulations
available free at the site. and noncommercial noninteractive
You may also access documents of the webcasters. See 81 FR 26316. In consideration of the foregoing, the
Department published in the Federal Pursuant to those regulations, at least Judges amend part 380 of title 37 of the
Register by using the article search 25 days before January 1 of each year Code of Federal Regulations as follows:
feature at: www.federalregister.gov. from 2017 to 2020, the Judges shall
Specifically, through the advanced publish in the Federal Register notice of PART 380—RATES AND TERMS FOR
search feature at this site, you can limit a COLA applicable to the royalty fees for TRANSMISSIONS BY ELIGIBLE
your search to documents published by performances of sound recordings via NONSUBSCRIPTION SERVICES AND
the Department. eligible transmissions by commercial NEW SUBSCRIPTION SERVICES AND
Dated: November 23, 2018. and noncommercial noninteractive FOR THE MAKING OF EPHEMERAL
webcasters. 37 CFR 380.10. REPRODUCTIONS TO FACILITATE
Betsy DeVos,
The adjustment in the royalty fee THOSE TRANSMISSIONS
Secretary of Education.
shall be based on a calculation of the
[FR Doc. 2018–25929 Filed 11–23–18; 4:15 pm] percentage increase in the CPI–U from ■ 1. The authority citation for part 380
BILLING CODE 4000–01–P the CPI–U published in November 2015 continues to read as follows:
(237.838), according to the formula (1 +
Authority: 17 U.S.C. 112(e), 114(f),
(Cy¥237.838)/237.838) × R2016, where
804(b)(3).
Cy is the CPI–U published by the
LIBRARY OF CONGRESS Secretary of Labor before December 1 of ■ 2. Section 380.10 is amended by
Copyright Royalty Board the preceding year and R2016 is the revising paragraph (a) to read as follows:
royalty rate for 2016; i.e., for
commercial webcasters $0.0022 per § 380.10 Royalty fees for the public
37 CFR Part 380 performance of sound recordings and the
subscription performance or $0.0017 per
nonsubscription performance, or for making of ephemeral recordings.
[Docket No. 14–CRB–0001–WR (2016–2020) noncommercial webcasters $0.0018 per
COLA 2019] (a) Royalty fees. For the year 2019,
performance for all digital audio Licensees must pay royalty fees for all
Cost of Living Adjustment to Royalty transmissions in excess of 159,140 Eligible Transmissions of sound
Rates for Webcaster Statutory License Aggregate Tuning Hours (ATH) in a recordings at the following rates:
month on a channel or station. The
AGENCY: Copyright Royalty Board (CRB), adjustment shall be rounded to the (1) Commercial webcasters: $0.0023
Library of Congress. nearest fourth decimal place. 37 CFR per performance for subscription
ACTION: Final rule; cost of living 380.10(c). The CPI–U published by the services and $0.0018 per performance
adjustment. Secretary of Labor from the most recent for nonsubscription services.
index published before December 1, (2) Noncommercial webcasters. $500
SUMMARY: The Copyright Royalty Judges 2018, is 252.885.1 Applying the formula per year for each channel or station and
announce a cost of living adjustment in 37 CFR 380.10(c) and rounding to the $0.0019 per performance for all digital
(COLA) in the royalty rates that nearest fourth decimal place results in audio transmissions in excess of
commercial and noncommercial an increase in the rates for 2019. 159,140 ATH in a month on a channel
noninteractive webcasters pay for The 2019 rate for eligible transmission or station.
eligible transmissions pursuant to the of sound recordings by commercial
statutory licenses for the public webcasters is a rate of $0.0023 per * * * * *
performance of and for the making of subscription performance and a rate of Suzanne M. Barnett,
ephemeral reproductions of sound Chief Copyright Royalty Judge.
recordings. 1 As announced on November 14, 2018, by the
Bureau of Labor Statistics in its News Release— [FR Doc. 2018–25908 Filed 11–27–18; 8:45 am]
DATES: Consumer Price Index October 2018, available at BILLING CODE 1410–72–P
Effective date: January 1, 2019. http://www.bls.gov/news.release/pdf/cpi.pdf at 4.
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Document Created: 2018-11-27 23:48:46
Document Modified: 2018-11-27 23:48:46
| 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; cost of living adjustment. | |
| Dates | Effective date: January 1, 2019. | |
| Contact | Anita Blaine, CRB Program Assistant, by telephone at (202) 707-7658 or by email at [email protected] | |
| FR Citation | 83 FR 61125 | |
| CFR Associated | Copyright and Sound Recordings |
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