Rule2023-26221
Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License
Primary source
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Published
November 30, 2023
Effective
November 30, 2023
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
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<title>Federal Register, Volume 88 Issue 229 (Thursday, November 30, 2023)</title>
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[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Rules and Regulations]
[Pages 83508-83509]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26221]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 380
[Docket No. 19-CRB-0005-WR (2021-2025) COLA (2024)]
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.
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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: November 30, 2023.
Applicability dates: These rates are applicable to the period
January 1, 2024, through December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658,
<a href="/cdn-cgi/l/email-protection#1576677755797a763b727a63"><span class="__cf_email__" data-cfemail="6407160624080b074a030b12">[email protected]</span></a>.
[[Page 83509]]
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 cost of living adjustment (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 Consumer Price Index for all Urban
Consumers (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
Aggregate Tuning Hours (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, 2023, is 307.671.\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 2024.
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\1\ This CPI-U was announced on November 14, 2023, 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.
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The 2024 rate for eligible transmissions of sound recordings by
commercial webcasters is $0.0031 per subscription performance and
$0.20025 per nonsubscription performance.
Application of the increase to rates for noncommercial webcasters
results in a 2024 rate of $0.0025 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:
Sec. 380.10 Royalty fees for the public performance of sound
recordings and the making of ephemeral recordings.
(a) Royalty fees. For the year 2024, Licensees must pay royalty
fees for all Eligible Transmissions of sound recordings at the
following rates:
(1) Commercial webcasters: $0.0031 per Performance for subscription
services and $0.0025 per Performance for nonsubscription services.
(2) Noncommercial webcasters: $1,000 per year for each channel or
station and $0.0025 per Performance for all digital audio transmissions
in excess of 159,140 ATH in a month on a channel or station.
* * * * *
Dated: November 22, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-26221 Filed 11-29-23; 8:45 am]
BILLING CODE 1410-72-P
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