Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 74703 

1The most recent CPI–U figures are published in 

November of each year and use the period 1982– 

1984 to establish a reference base of 100. The index 

for October 2010 was 218.711, while the figure for 

October 2011 was 226.421. 

2See 37 CFR 381.10(b) (adjusted royalty rates 

shall be ‘‘fixed at the nearest dollar’’). 

section if it is accompanied by a 

statement that each item of information 

contained in the information disclosure 

statement: 

(i) Was first cited in any 

communication from a patent office in 

a counterpart foreign or international 

application or from the Office, and this 

communication was not received by any 

individual designated in § 1.56(c) more 

than thirty days prior to the filing of the 

information disclosure statement; or 

(ii) Is a communication that was 

issued by a patent office in a 

counterpart foreign or international 

application or by the Office, and this 

communication was not received by any 

individual designated in § 1.56(c) more 

than thirty days prior to the filing of the 

information disclosure statement. 

(2) The thirty-day period set forth in 

paragraph (d)(1) of this section is not 

extendable. 

* * * * * 

Dated: November 21, 2011. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2011–30933 Filed 11–30–11; 8:45 am] 

BILLING CODE 3510–16–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 2011–9 CRB NCEB COLA] 

Cost of Living Adjustment for 

Performance of Musical Compositions 

by Colleges and Universities 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(‘‘COLA’’) of 3.5% in the royalty rates 

that colleges, universities, and other 

educational institutions that are not 

affiliated with National Public Radio 

pay for the use of published 

nondramatic musical compositions in 

the ASCAP, BMI and SESAC 

repertories. The COLA is based on the 

change in the Consumer Price Index 

from October 2010 to October 2011. 

DATES: Effective Date: January 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist. 

Telephone: (202) 707–7658. Email: 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

118 of the Copyright Act, title 17 of the 

United States Code, 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 not subject 

to privately negotiated licenses, are 

published in 37 CFR parts 253 and 381. 

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, 2008, and ending 

December 31, 2012, were published in 

the Federal Register on November 30, 

2007. See 72 FR 67646. Pursuant to 

these regulations, on or before December 

1 of each year, the Judges shall publish 

a notice of the change in the cost of 

living as determined by the Consumer 

Price Index (all urban consumers, all 

items (‘‘CPI–U’’)) 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. See 37 CFR 

381.10(a)(requiring publication of a 

revised schedule of rates for 37 CFR 

381.5). Accordingly, the Judges are 

hereby announcing the change in the 

CPI–U and applying the annual COLA 

to the rates set out in 37 CFR 381.5(c). 

The change in the cost of living as 

determined by the CPI–U during the 

period from the most recent index 

published before December 1, 2010, to 

the most recent index published before 

December 1, 2011, is 3.5%.1 Rounding 

to the nearest dollar,2 the royalty rates 

for the performance of published 

nondramatic musical compositions in 

the repertories of ASCAP, BMI, and 

SESAC are $312, $312, and $125, 

respectively. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

Final Regulations 

For the reasons set forth in the 

preamble, part 381 of title 37 of the 

Code of Federal Regulations is amended 

to read as follows: 

PART 381—USE OF CERTAIN 

COPYRIGHTED WORKS IN 

CONNECTION WITH 

NONCOMMERCIAL EDUCATIONAL 

BROADCASTING 

■ 1. The authority citation for part 381 

continues to read as follows: 

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

803. 

■ 2. Section 381.5 is amended by 

revising paragraphs (c)(1) through (3) to 

read as follows: 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) * * * 

(1) For all such compositions in the 

repertory of ASCAP, $312 annually. 

(2) For all such compositions in the 

repertory of BMI, $312 annually. 

(3) For all such compositions in the 

repertory of SESAC, $125 annually. 

* * * * * 

Dated: November 23, 2011. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2011–30712 Filed 11–30–11; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 386 

[Docket No. 2011–10 CRB Satellite COLA] 

Cost of Living Adjustment to Satellite 

Carrier Compulsory License Royalty 

Rates 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(‘‘COLA’’) of 3.5% in the royalty rates 

paid by satellite carriers under the 

satellite carrier compulsory license of 

the Copyright Act. The COLA is based 

on the change in the Consumer Price 

Index from October 2010 to October 

2011. 

DATES: Effective Date: January 1, 2012. 

Applicability Dates: These rates are 

applicable for the period January 1, 

2012, through December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist. 

Telephone: (202) 707–7658. Email: 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: The 

satellite carrier compulsory license 


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