Proposed Rule2021-23097
Determination of Rates and Terms for Making and Distributing Phonorecords (Phonorecords IV)
Primary source
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Published
October 22, 2021
Effective
June 25, 2021
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
Because a comment filed by settling parties included additional material (in particular a memorandum of understanding) that relates to statements in some of the comments the Copyright Royalty Judges received, the Judges are reopening the comment period for an additional 30 days. The proposed rule published for comment sets certain rates and terms applicable during the period beginning January 1, 2023, and ending December 31, 2027, for the section 115 statutory license for making and distributing phonorecords of nondramatic musical works and is based on regulations proposed pursuant to a partial settlement among the settling parties.
Full Text
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<title>Federal Register, Volume 86 Issue 202 (Friday, October 22, 2021)</title>
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[Federal Register Volume 86, Number 202 (Friday, October 22, 2021)]
[Proposed Rules]
[Pages 58626-58627]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23097]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 385
[Docket No. 21-CRB-0001-PR (2023-2027)]
Determination of Rates and Terms for Making and Distributing
Phonorecords (Phonorecords IV)
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Proposed rule; second reopening of comment period.
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SUMMARY: Because a comment filed by settling parties included
additional material (in particular a memorandum of understanding) that
relates to statements in some of the comments the Copyright Royalty
Judges received, the Judges are reopening the comment period for an
additional 30 days. The proposed rule published for comment sets
certain rates and terms applicable during the period beginning January
1, 2023, and ending December 31, 2027, for the section 115 statutory
license for making and distributing phonorecords of nondramatic musical
works and is based on regulations proposed pursuant to a partial
settlement among the settling parties.
DATES: The comment period for the proposed rule published June 25,
2021, at 86 FR 33601, which was reopened on July 29, 2021, at 86 FR
40793, is reopened a second time. Comments are due no later than
November 22, 2021.
ADDRESSES: You may send comments, identified by docket number 21-CRB-
0001-PR (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
[[Page 58627]]
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-0001-PR (2023-2027).
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
202-707-7658, <a href="/cdn-cgi/l/email-protection#f89b8a9ab894979bd69f978e"><span class="__cf_email__" data-cfemail="92f1e0f0d2fefdf1bcf5fde4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On June 25, 2021, the Copyright Royalty
Judges published for comment proposed regulations (arising from a
partial settlement) that set rates and terms applicable during the
period beginning January 1, 2023, and ending December 31, 2027, for the
section 115 statutory license for making and distributing phonorecords
of nondramatic musical works. Comments were due by July 26, 2021. 86 FR
33601 (Jun. 25, 2021). As some filers experienced technical
difficulties filing their comments in eCRB, the Judges extended the
deadline for filing comments to August 10, 2021. 86 FR 40793 (July 29,
2021).
On August 10, 2021, the final day of the extended comment period,
the National Music Publishers' Association, Inc., (``NMPA'') and
Nashville Songwriters Association International (``Copyright Owner
Participants''), and Sony Music Entertainment, UMG Recordings, Inc. and
Warner Music Group Corp. (``Joint Record Company Participants''),
jointly submitted comments regarding the proposed rule (``Joint
Submission''). Attached to the Joint Submission, as Exhibit C, was a
Memorandum of Understanding (``MOU'') between the Joint Record Company
Participants and the Recording Industry Association of America, Inc.,
on the one hand, and NMPA and certain music publishing companies, on
the other.
The Joint Submission included arguments that the MOU is irrelevant
to the Judges' consideration of the proposed partial settlement and
proposed regulations and that the MOU does not call into question the
reasonableness of the proposed partial settlement and proposed
regulations. Because interested parties other than those who submitted
the Joint Submission may have been unable to adequately view or comment
upon the MOU prior to the close of the Judges' extended comment period,
the Judges are reopening the comment period. The Judges will allow 30
days for comments regarding the impact, if any, that the MOU should
have on the Judges' consideration of whether the proposed partial
settlement and proposed regulations provide a reasonable basis for
setting statutory rates and terms.
Dated: October 19, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-23097 Filed 10-21-21; 8:45 am]
BILLING CODE 1410-72-P
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