Rule2023-26223
Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate
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) to the royalty rate that noncommercial radio stations at certain colleges, universities, and other educational institutions that are not affiliated with National Public Radio must pay for the use in 2024 of published nondramatic musical compositions in the SESAC Performing Rights, LLC (SESAC) and Global Music Rights, LLC (GMR) repertories pursuant to the statutory license under the Copyright Act for noncommercial broadcasting.
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 83509-83510]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26223]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 23-CRB-0011-PBR (2023-2027) COLA (2024)]
Cost of Living Adjustment to Public Broadcasters Compulsory
License Royalty Rate
AGENCY: Copyright Royalty Board, 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) to the royalty rate that noncommercial radio stations
at certain colleges, universities, and other educational institutions
that are not affiliated with National Public Radio must pay for the use
in 2024 of published nondramatic musical compositions in the SESAC
Performing Rights, LLC (SESAC) and Global Music Rights, LLC (GMR)
repertories pursuant to the statutory license under the Copyright Act
for noncommercial broadcasting.
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, CRB Program Assistant,
(202) 707-7658, <a href="/cdn-cgi/l/email-protection#ddbeafbf9db1b2bef3bab2ab"><span class="__cf_email__" data-cfemail="beddccdcfed2d1dd90d9d1c8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act, title 17
of the United States Code, creates a statutory license for the use of
published nondramatic musical works and published pictorial, graphic,
and sculptural works in connection with noncommercial broadcasting.
On June 28, 2023, the Copyright Royalty Judges (Judges) adopted
final regulations governing the rates and terms of copyright royalty
payments under section 118 of the Copyright Act for the license period
2023-2027. See 88 FR 41827. Pursuant to these regulations, on or before
December 1 of each year, the Judges shall publish in the Federal
Register notice of the change in the cost of living and a revised
schedule of the rates codified at Sec. 381.5(c)(3) and (4) relating to
compositions in the repertory of SESAC and GMR. The adjustment, fixed
to the nearest dollar, shall be the greater of (1) the change in the
cost of living as determined by the Consumer Price Index (all
consumers, all items) (``CPI-U'') ``during the period from the most
recent index published prior to the
[[Page 83510]]
previous notice to the most recent index published prior to December 1,
of that year'' or (2) 1.5%. 37 CFR 381.10.
The change in the cost of living as determined by the CPI-U during
the period from the most recent index published prior to the previous
notice, i.e., before December 1, 2022, to the most recent index
published before December 1, 2023, is 3.2%.\1\ In accordance with 37
CFR 381.10(b), the Judges announce that the COLA for calendar year 2024
shall be 3.2%. Application of the 3.2% COLA to the 2023 rates for the
performance of published nondramatic musical compositions in the
repertory of SESAC and GMR--$188 per station--results in an adjusted
rate of $194 per station, rounded to the nearest dollar.
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\1\ On November 14, 2023, the Bureau of Labor Statistics
announced that the CPI-U increased 3.2% over the last 12 months.
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List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Rates, Television.
Final Regulations
In consideration of the foregoing, the Judges amend part 381 of
title 37 of the Code of Federal Regulations 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) and 803.
0
2. Section 381.5 is amended by revising paragraphs (c)(3)(i) and (ii)
and (c)(4)(i) and (ii) to read as follows:
Sec. 381.5 Performance of musical compositions by public broadcasting
entities licensed to colleges and universities.
* * * * *
(c) * * *
(3) * * *
(i) 2023: $188 per station.
(ii) 2024: $194 per station.
* * * * *
(4) * * *
(i) 2023: $188 per station.
(ii) 2024: $194 per station.
* * * * *
Dated: November 22, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-26223 Filed 11-29-23; 8:45 am]
BILLING CODE 1410-72-P
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