Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations 83509 

1This 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 https://www.bls.gov/ 

news.release/cpi.htm at Table 1. 

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 + (Cy¥260.229)/ 

260.229) × $0.0026; for nonsubscription 

performances, (1 + (Cy¥260.229)/ 

260.229) × $0.0021; for performances by 

a noncommercial webcaster in excess of 

159,140 Aggregate Tuning Hours (ATH) 

per month, (1 + (Cy¥260.229)/260.229) 

× $0.0021; where Cy 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. 

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 

■ 1. The authority citation for part 380 

continues to read as follows: 

Authority: 17 U.S.C. 112(e), 114(f), 

804(b)(3). 

■ 2. Section 380.10 is amended by 

revising paragraph (a) to read as follows: 

§ 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 

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. 

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, crb@loc.gov. 

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 § 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 


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83510 Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations 

1On November 14, 2023, the Bureau of Labor 

Statistics announced that the CPI–U increased 3.2% 

over the last 12 months. 

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. 

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 

■ 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)(3)(i) and (ii) and 

(c)(4)(i) and (ii) to read as follows: 

§ 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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