Copyright Royalty Board, Library of Congress.
The Copyright Royalty Judges announce a cost of living adjustment (“COLA”) of 3.5% in the royalty rates that colleges, universities, and other educational institutions that are not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the ASCAP, BMI and SESAC repertories. The COLA is based on the change in the Consumer Price Index from October 2010 to October 2011.
Effective Date: January 1, 2012.
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FOR FURTHER INFORMATION CONTACT:
LaKeshia Keys, Program Specialist. Telephone: (202) 707-7658. Email: email@example.com.
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Section 118 of the Copyright Act, title 17 of the United States Code, 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 parts 253 and 381.
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, 2008, and ending December 31, 2012, were published in the Federal Register on November 30, 2007. See 72 FR 67646. Pursuant to these regulations, on or before December 1 of each year, the Judges shall publish a notice of the change in the cost of living as determined by the Consumer Price Index (all urban 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. See 37 CFR 381.10(a)(requiring publication of a revised schedule of rates for 37 CFR 381.5). Accordingly, the Judges are hereby announcing the change in the CPI-U and applying the annual COLA to the rates set out in 37 CFR 381.5(c).
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, 2010, to the most recent index published before December 1, 2011, is 3.5%.
Rounding to the nearest dollar,
the royalty rates for the performance of published nondramatic musical compositions in the repertories of ASCAP, BMI, and SESAC are $312, $312, and $125, respectively.
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For the reasons set forth in the preamble, part 381 of title 37 of the Code of Federal Regulations is amended to read as follows:
PART 381—USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING
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1. The authority citation for part 381 continues to read as follows:End Amendment Part
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2. Section 381.5 is amended by revising paragraphs (c)(1) through (3) to read as follows:End Amendment Part
Performance of musical compositions by public broadcasting entities licensed to colleges and universities.
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(c) * * *
(1) For all such compositions in the repertory of ASCAP, $312 annually.
(2) For all such compositions in the repertory of BMI, $312 annually.
(3) For all such compositions in the repertory of SESAC, $125 annually.
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Dated: November 23, 2011.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2011-30712 Filed 11-30-11; 8:45 am]
BILLING CODE 1410-72-P