Rule2022-26229
Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 2, 2022
Effective
December 2, 2022
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 231 (Friday, December 2, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 73940-73941]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26229]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 380
[Docket No. 19-CRB-0005-WR (2021-2025) COLA (2023)
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: December 2, 2022.
Applicability date: These rates are applicable to the period
January 1, 2023, through December 31, 2023.
FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658,
<a href="/cdn-cgi/l/email-protection#7417061634181b175a131b02"><span class="__cf_email__" data-cfemail="6407160624080b074a030b12">[email protected]</span></a>.
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 October 27, 2021, the Copyright Royalty Judges (Judges)
adopted final regulations governing the rates and terms of copyright
royalty payments under those licenses for the license period 2021-2025
for performances of sound recordings via eligible transmissions by
commercial and noncommercial noninteractive webcasters. See 86 FR
59452.
Pursuant to those regulations, at least 25 days before January 1 of
each year from 2022 to 2025, 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 2020 (260.229), according to the formula: for subscription
performances, (1 + (C<INF>y</INF>-260.229)/260.229) x $0.0026; for
nonsubscription performances, (1 + (C<INF>y</INF>-260.229)/260.229) x
$0.0021; for performances by a noncommercial webcaster in excess of
159,140 ATH per month, (1 + (C<INF>y</INF>-260.229)/260.229) x $0.0021;
where C<INF>y</INF> is the CPI-U published by the Secretary of Labor
before December 1 of the preceding year. The adjusted rate 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, 2022, is 298.012.\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 2023.
---------------------------------------------------------------------------
\1\ This CPI-U was announced on November 10, 2022, by the Bureau
of Labor Statistics in its Consumer Price Index News Release--
Consumer Price Index, available at <a href="https://www.bls.gov/news.release/cpi.htm">https://www.bls.gov/news.release/cpi.htm</a> at Table 1.
---------------------------------------------------------------------------
The 2023 rate for eligible transmissions of sound recordings by
commercial webcasters is $0.0030 per subscription performance and
$0.0024 per nonsubscription performance.
Application of the increase to rates for noncommercial webcasters
results in a 2023 rate of $0.0024 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:
[[Page 73941]]
Sec. 380.10 Royalty fees for the public performance of sound
recordings and the making of ephemeral recordings.
(a) Royalty fees. For the year 2023, Licensees must pay royalty
fees for all Eligible Transmissions of sound recordings at the
following rates:
(1) Commercial webcasters: $0.0030 per Performance for subscription
services and $0.0024 per Performance for nonsubscription services.
(2) Noncommercial webcasters: $1,000 per year for each channel or
station and $0.0024 per Performance for all digital audio transmissions
in excess of 159,140 ATH in a month on a channel or station.
* * * * *
Dated: November 28, 2022.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2022-26229 Filed 12-1-22; 8:45 am]
BILLING CODE 1410-72-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 2, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.