Rule2023-27290
Cost of Living Adjustment to Royalty Rates and Terms for Making and Distributing Phonorecords
Primary source
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Published
December 12, 2023
Effective
December 12, 2023
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates for the statutory license for making and distributing phonorecords of nondramatic musical works regarding physical phonorecords and Permanent Downloads.
Full Text
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<title>Federal Register, Volume 88 Issue 237 (Tuesday, December 12, 2023)</title>
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[Federal Register Volume 88, Number 237 (Tuesday, December 12, 2023)]
[Rules and Regulations]
[Page 86058]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-27290]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 385
[Docket No. Docket No. 23-CRB-0014-PR-COLA (2024)]
Cost of Living Adjustment to Royalty Rates and Terms for Making
and Distributing Phonorecords
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) in the royalty rates for the statutory license for
making and distributing phonorecords of nondramatic musical works
regarding physical phonorecords and Permanent Downloads.
DATES:
Effective date: December 12, 2023.
Applicability date: These rates and terms are applicable during the
period from January 1, 2024, through December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Anita Brown, Program Specialist, (202)
707-7658, <a href="/cdn-cgi/l/email-protection#10736272507c7f733e777f66"><span class="__cf_email__" data-cfemail="e0839282a08c8f83ce878f96">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Section 115 of the Copyright Act, title 17
of the United States Code, creates a statutory license for making and
distributing phonorecords of nondramatic musical works. On December 16,
2022, the Copyright Royalty Judges (Judges) adopted final regulations
that set rates and terms applicable for the statutory license for
making and distributing phonorecords of nondramatic musical works. See
87 FR 76942.
Pursuant to those regulations, at least 25 days before January 1 of
each year, the Judges shall publish in the Federal Register notice of a
cost of living adjustment (COLA) applicable to the royalty fees for
making and distributing physical phonorecords and Permanent Downloads.
37 CFR 385.11.
The royalty fee shall be adjusted to reflect any changes occurring
in the cost of living as determined by the most recent Consumer Price
Index for All Urban Consumers (U.S. City Average, all items) (CPI-U)
published by the Secretary of Labor before December 1 of the preceding
year. The calculation of the rate for each year shall be cumulative
based on a calculation of the percentage increase in the CPI-U from the
CPI-U published in November, 2022 (the Base Rate) and shall be made
according to the following formulas: for the per-work rate, (1 + (Cy -
Base Rate)/Base Rate) x 12[cent], rounded to the nearest tenth of a
cent; for the per-minute rate, (1 + (Cy - Base Rate)/Base Rate) x
2.31[cent], rounded to the nearest hundredth of a cent; where Cy is the
CPI-U published by the Secretary of Labor before December 1 of the
preceding year. 37 CFR 385.11(a)(2).
List of Subjects in 37 CFR Part 385
Copyright, Phonorecords, Recordings.
Final Regulations
In consideration of the foregoing, the Judges amend part 385 of
title 37 of the Code of Federal Regulations as follows:
PART 385--RATES AND TERMS FOR USE OF NONDRAMATIC MUSICAL WORKS IN
THE MAKING AND DISTRIBUTING OF PHYSICAL AND DIGITAL PHONORECORDS
0
1. The authority citation for part 385 continues to read as follows:
Authority: 17 U.S.C. 115, 801(b)(1), 804(b)(4).
0
2. Section 385.11 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 385.11 Royalty fees for the public performance of sound
recordings and the making of ephemeral recordings.
(a) * * *
(1) 2024 rate. For the year 2024 for every physical phonorecord and
Permanent Download the Licensee makes and distributes or authorizes to
be made and distributed, the royalty rate payable for each work
embodied in the phonorecord or Permanent Download shall be either 12.40
cents or 2.39 cents per minute of playing time or fraction thereof,
whichever amount is larger.
* * * * *
Dated: December 7, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-27290 Filed 12-8-23; 11:15 am]
BILLING CODE 1410-72-P
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