[Federal Register Volume 67, Number 230 (Friday, November 29, 2002)]
[Rules and Regulations]
[Page 71105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30145]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 253

[Docket No. 2002-4 CARP NCBRA]


Cost of Living Adjustment for Performance of Musical Compositions 
by Colleges and Universities

AGENCY: Copyright Office, Library of Congress.

ACTION: Final rule.

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SUMMARY: The Copyright Office of the Library of Congress announces a 
cost of living adjustment of 2.0% in the royalty rates paid by 
colleges, universities, or other nonprofit educational institutions 
that are not affiliated with National Public Radio for the use of 
copyrighted published nondramatic musical compositions in the BMI and 
ASCAP repertories. The cost of living adjustment is based on the change 
in the Consumer Price Index from October, 2001, to October, 2002.

EFFECTIVE DATE: January 1, 2003.

FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, Senior Attorney, 
Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station, 
Washington, D.C. 20024. Telephone: (202) 707-8380. Telefax: (202) 252-
3423.

SUPPLEMENTARY INFORMATION:
    Section 118 of the Copyright Act, 17 U.S.C., 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 part 253 and are subject 
to adjustment at five-year intervals. 17 U.S.C. 118(c). The most recent 
proceeding to adjust the terms and rates for the section 118 license 
began in April of this year. 67 FR 15414 (April 1, 2002).
    On October 30, 2002, the Copyright Office announced proposed 
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, including a provision to adjust Sec.  253.10 
which provides for an annual cost of living adjustment of the rates for 
the public performance of musical compositions in the ASCAP and BMI 
repertories by public broadcasting entities licensed to colleges and 
universities set forth in Sec.  253.5 for the new license period, 2003-
2007. 67 FR 66090 (October 30, 2002). Under the proposed rules, the 
Sec.  253.5 rate for the public performance of musical compositions in 
the SESAC repertory will be $80 for 2003, subject to an annual cost of 
living adjustment in each subsequent year thereafter during the 
licensing period.
    Section 253.10(b) requires that the Librarian publish a revised 
schedule of rates for the public performance of musical compositions in 
the ASCAP, BMI, and SESAC repertories by public broadcasting entities 
licensed to colleges and universities, reflecting the change in the 
Consumer Price Index. Accordingly, the Copyright Office of the Library 
of Congress is hereby announcing the change in the Consumer Price Index 
and performing the proposed annual cost of living adjustment to the 
rates set out in Sec.  253.5(c) for the public performance of musical 
compositions in the BMI and ASCAP repertories in accordance with the 
October 30 proposed regulations.
    The change in the cost of living as determined by the Consumer 
Price Index (all consumers, all items) during the period from the most 
recent Index published before December 1, 2001, to the most recent 
Index published before December 1, 2002, is 2% (2001's figure was 
177.7; the figure for 2001 is 181.3, based on 1982-1984=100 as a 
reference base). Rounding off to the nearest dollar, the royalty rate 
for the use of musical compositions in the repertory of ASCAP is $249 
and the use of the musical compositions in the repertory of BMI is the 
same, $249.
    If no comments are received regarding the proposed amendments to 
Sec. Sec.  253.5 and 253.10 announced in the October 30 Federal 
Register notice and the final rules are published before January 1, 
2003, the cost of living adjustments announced in this notice shall 
become effective on January 1, 2003.

List of Subjects in 37 CFR Part 253

    Copyright, Radio, Television.

Final Regulation

    For the reasons set forth in the preamble, part 253 of title 37 of 
the Code of Federal Regulations is amended as follows:

PART 253--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH 
NONCOMMERCIAL EDUCATIONAL BROADCASTING

    1. The authority citation for part 253 continues to read as 
follows:

    Authority: 17 U.S.C. 118, 801(b)(1) and 803.

    2. Section 253.5 is amended by revising paragraphs (c)(1) through 
(c)(2) as follows:


Sec.  253.5  Performance of musical compositions by public broadcasting 
entities licensed to colleges and universities.

* * * * *
    (c) * *
    (1) For all such compositions in the repertory of ASCAP, $249 
annually.
    (2) For all such compositions in the repertory of BMI, $249 
annually.
* * * * *

    Dated: November 21, 2002.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 02-30145 Filed 11-27-02; 8:45 am]
BILLING CODE 1410-33-P