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###### Library of Congress

###### Copyright Office

          - 37 CFR Part 253
          - [Docket No. 2004-8 CARP NCBRA]

# AGENCY:

Copyright Office, Library of Congress.

# ACTION:

Final rule.

# SUMMARY:

The Copyright Office of the Library of Congress announces a cost of living adjustment of 3.2% in the royalty rates paid by colleges, universities, or other nonprofit educational institutions that are not affiliated with National Public Radio for the use of copyrighted published nondramatic musical compositions in the BMI, ASCAP and SESAC repertoires.  The cost of living adjustment is based on the change in the Consumer Price Index from October, 2003 to October, 2004.

# DATES:

January 1, 2005.

# FOR FURTHER INFORMATION CONTACT:

Tanya M. Sandros, Associate General Counsel, Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station, Washington, D.C. 20024.  Telephone:  (202) 707-8380.  Telefax: (202) 252-3423.

# SUPPLEMENTARY INFORMATION:

                    Section 118 of the Copyright Act, 17 U.S.C., creates a compulsory license for the use of published nondramatic musical works and published pictorial, graphic, and sculptural works in connection with noncommercial broadcasting.  Terms and rates for this compulsory license, applicable to parties who are                           ( print page 69823)                        not subject to privately negotiated licenses, are published in 37 CFR part 253 and are subject to adjustment at five-year intervals.  17 U.S.C. 118(c).                

The most recent proceeding to consider the terms and rates for the section 118 license occurred in 2002.  67 FR 15414 (April 1, 2002).  Final regulations governing the terms and rates of copyright royalty payments with respect to certain uses by public broadcasting entities of published nondramatic musical works, and published pictorial, graphic, and sculptural works for the license period beginning January 1, 2003, and ending December 31, 2007, were published in the Federal Register on December 17, 2002.  67 FR 77170 (December 17, 2002).

Pursuant to these regulations, on December 1 of each year the Librarian shall publish a notice of the change in the cost of living as determined by the Consumer Price Index (all consumers, all items) during the period from the most recent Index published prior to the previous notice, to the most recent Index published prior to December 1, of that year.  37 CFR 253.10(a).  The regulations also require that the Librarian publish a revised schedule of rates for the public performance of musical compositions in the ASCAP, BMI, and SESAC repertoires by public broadcasting entities licensed to colleges and universities, reflecting the change in the Consumer Price Index.  37 CFR 253.10(b).  Accordingly, the Copyright Office of the Library of Congress is hereby announcing the change in the Consumer Price Index and performing the annual cost of living adjustment to the rates set out in §253.5(c).

The change in the cost of living as determined by the Consumer Price Index (all consumers, all items) during the period from the most recent Index published before December 1, 2003, to the most recent Index published before December 1, 2004, is 3.2% (2003's figure was 185.0; the figure for 2004 is 190.9, based on 1982-1984=100 as a reference base).  Rounding off to the nearest dollar, the royalty rates for the use of musical compositions in the repertories of ASCAP, BMI, and SESAC are $262, $262, and $85, respectively.

# List of Subjects in 37 CFR Part 253

      - Copyright
      - Radio
      - Television

## Final Regulation

For the reasons set forth in the preamble, part 253 of title 37 of the Code of Federal Regulations is amended as follows:

# PART 253—USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING

1. The authority citation for part 253 continues to read as follows: 

Authority:17 U.S.C. 118, 801(b)(1) and 803.

2. Section 253.5 is amended by revising paragraphs (c)(1) through (c)(3) as follows: 

§253.5 

*  *  *  * *

(c) * *  * 

(1) For all such compositions in the repertory of ASCAP, $262 annually.

(2) For all such compositions in the repertory of BMI, $262 annually.

(3) For all such compositions in the repertory of SESAC, $85 annually.

*  *  *  * *

Date: November 22, 2004

Marybeth Peters,

Register of Copyrights.

[FR Doc. 04-26265 Filed 11-30-04; 8:45 am]

BILLING CODE 1410-33-S