Proposed Rule2021-13923
Determination of Rates and Terms for Public Broadcasting (PB IV)
Primary source
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Published
June 30, 2021
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges publish for comment proposed regulations that set rates and terms for the use of certain copyrighted works by public broadcasting entities for the period beginning January 1, 2023, and ending December 31, 2027.
Full Text
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<title>Federal Register, Volume 86 Issue 123 (Wednesday, June 30, 2021)</title>
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[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Proposed Rules]
[Pages 34676-34677]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13923]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 21-CRB-0002-PBR (2023-2027)]
Determination of Rates and Terms for Public Broadcasting (PB IV)
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Proposed rule.
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SUMMARY: The Copyright Royalty Judges publish for comment proposed
regulations that set rates and terms for the use of certain copyrighted
works by public broadcasting entities for the period beginning January
1, 2023, and ending December 31, 2027.
DATES: Comments and objections, if any, are due no later than July 30,
2021.
ADDRESSES: You may send comments, identified by docket number 21-CRB-
0002-PBR (2023-2027), online through eCRB at <a href="https://app.crb.gov">https://app.crb.gov</a>.
Instructions: To send your comment through eCRB, if you don't have
a user account, you will first need to register for an account and wait
for your registration to be approved. Approval of user accounts is only
available during business hours. Once you have an approved account, you
can only sign in and file your comment after setting up multi-factor
authentication, which can be done at any time of day. All comments must
include the Copyright Royalty Board name and the docket number for this
proposed rule. All properly filed comments will appear without change
in eCRB at <a href="https://app.crb.gov">https://app.crb.gov</a>, including any personal information
provided.
Docket: For access to the docket to read background documents or
comments received, go to eCRB at <a href="https://app.crb.gov">https://app.crb.gov</a> and perform a case
search for docket 21-CRB-0002-PBR (2023-2027).
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
at 202-707-7658 or <a href="/cdn-cgi/l/email-protection#16756474567a797538717960"><span class="__cf_email__" data-cfemail="1d7e6f7f5d71727e337a726b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Section 118 of the Copyright Act, title 17 of the United States
Code, establishes a statutory license for the use of certain
copyrighted works in connection with noncommercial television and radio
broadcasting. Chapter 8 of the Copyright Act requires the Copyright
Royalty Judges (``Judges'') to conduct proceedings every five years to
determine the rates and terms for the section 118 license. 17 U.S.C.
801(b)(1), 804(b)(6). Accordingly, the Judges commenced a proceeding in
January 2021, by publishing notice of the commencement of the
proceeding and a request that interested parties submit petitions to
participate. 86 FR 325 (Jan. 5, 2021).
The Judges received petitions to participate in the current
proceeding from The American Society of Authors, Composers and
Publishers (ASCAP); Broadcast Music, Inc. (BMI); Church Music
Publishers' Association, Inc. (CMPA); Educational Media Foundation
(EMF); Global Music Rights, LLC; National Religious Broadcasters
Noncommercial Music License Committee (NRBNMLC); David Powell; Public
Broadcasting Entities (Corporation for Public Broadcasting (CPB),
National Public Radio (NPR), and Public Broadcasting Service (PBS));
SESAC Performing Rights, LLC (SESAC); and The Harry Fox Agency LLC
(HFA).
The Judges gave notice to all participants of the three-month
negotiation period required by 17 U.S.C. 803(b)(3) and directed that,
if the participants were unable to negotiate a settlement, they should
submit Written Direct Statements no later than September 10, 2021.
Notice of Participants, Commencement of Voluntary Negotiation Period,
and Case Scheduling Order (Feb. 9, 2021).
There are two ways copyright owners and public broadcasting
entities \1\ may negotiate rates and terms under the section 118
statutory license. First, copyright owners may negotiate rates and
terms with specific public broadcasting entities for the use of all of
the copyright owners' works covered by the license. Section 118(b)(2)
provides that such license agreements ``shall be given effect in lieu
of any determination by the . . . Copyright Royalty Judges,'' provided
that copies of the agreement are submitted to the Judges ``within 30
days of execution.'' 17 U.S.C. 118(b)(2).
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\1\ A ``public broadcasting entity'' is defined as a
``noncommercial educational broadcast station as defined in section
397 of title 47 and any nonprofit institution or organization
engaged in the activities described in paragraph (2) of subsection
(c)'' of section 118. 17 U.S.C. 118(f).
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Second, copyright owners and public broadcasting entities may
negotiate rates and terms for categories of copyrighted works and uses
that would be binding on all owners and entities using the same license
and submit them to the Judges for approval. Section 801(b)(7)(A) of the
Copyright Act authorizes the Judges to adopt rates and terms negotiated
by ``some or all of the participants in a proceeding at any time during
the proceeding'' provided they are submitted to the Judges for
approval.
This section provides that the Judges shall provide notice and an
opportunity to comment on the agreement to (1) those that would be
bound by the terms, rates, or other determination set by the agreement
and (2) participants in the proceeding that would be bound by the
terms, rates, or other determination set by the agreement. See section
801(b)(7)(A). The Judges may decline to adopt the agreement as a basis
for statutory terms and rates for participants not party to the
agreement if any participant objects and the Judges conclude that the
agreement does not provide a reasonable basis for setting statutory
terms or rates. Id.
On June 21, 2021, the Judges received a joint proposal from
participants HFA and NRBNMLC regarding fees for recording rights under
37 CFR 381.7(b)(4) for the period 2023-2027. Joint Proposal . . .
Regarding Fees for Recording Rights Under 37 CFR 381.7(B)(4) (June 21,
2021) (Proposal). The fees in Sec. 381.7(b)(4) apply to the
``recording of nondramatic performances and displays of musical works
for the types of uses described in 17 U.S.C. 118(c)(2)-(3) by
noncommercial radio stations other than uses in a radio program
produced by [NPR] and other than uses subject to voluntary license
agreements.'' Proposal at 2. HFA and NRBNMLC filed a proposal instead
of a notice of settlement because NRBNMLC does not represent all radio
stations subject to the fees. Id. Participant EMF joins in the
proposal. Id. at 3 n.2.
The Proposal states that the fees in Sec. 381.7(b)(4) should be
modified. See id. at 2-3. It also proposes carrying forward
[[Page 34677]]
unchanged (except to replace ``January 1, 2018'' with ``January 1,
2023'' and ``December 31, 2022'' with ``December 31, 2027'') current
provisions set forth in Sec. Sec. 381.1, 381.2, 381.9, and 381.11. Id.
The Judges solicit comments on whether they should adopt the
proposed regulations as statutory rates and terms relating to the
reproduction, distribution, performance or display of certain works by
public broadcasting entities (as defined in 17 U.S.C. 118(f)) in the
course of the activities described in 17 U.S.C. 118(c).
Comments and objections regarding the proposed changes must be
submitted no later than July 30, 2021.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television, Rates.
For the reasons set forth in the preamble, the Copyright Royalty
Judges propose to amend 37 CFR part 381 as follows:
PART 381--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING
0
1. The authority citation for part 381 continues to read as follows:
Authority: 17 U.S.C. 118, 801(b)(1), 803.
0
2. Revise Sec. 381.1 to read as follows:
Sec. 381.1 General.
This part establishes terms and rates of royalty payments for
certain activities using published nondramatic musical works and
published pictorial, graphic and sculptural works during a period
beginning on January 1, 2023, and ending on December 31, 2027. Upon
compliance with 17 U.S.C. 118, and the terms and rates of this part, a
public broadcasting entity may engage in the activities with respect to
such works set forth in 17 U.S.C. 118(c).
0
3. Revise Sec. 381.7(b)(4) to read as follows:
Sec. 381.7 Recording rights, rates and terms.
* * * * *
(b) * * *
(4) For such uses other than in an NPR-produced radio program:
2023-2027
(i) Feature................................................. $ .83
(ii) Feature (concert) (per half hour)...................... 1.72
(iii) Background............................................ .42
* * * * *
Dated June 24, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-13923 Filed 6-29-21; 8:45 am]
BILLING CODE 1410-72-P
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