[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Proposed Rules]
[Pages 34674-34676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13922]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 21-CRB-0002-PBR (2023-2027)]


Determination of Rates and Terms for Public Broadcasting (PB IV)

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Proposed rule.

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SUMMARY: The Copyright Royalty Judges publish for comment proposed 
regulations that set rates and terms for the use of certain copyrighted 
works by certain public broadcasting entities for the period beginning 
January 1, 2023, and ending December 31, 2027.

DATES: Comments and objections, if any, are due no later than July 30, 
2021.

ADDRESSES: You may send comments, identified by docket number 21-CRB-
0002-PBR (2023-2027), online through eCRB at https://app.crb.gov.
    Instructions: To send your comment through eCRB, if you do not have 
a user account, you will first need to register for an account and wait 
for your registration to be approved. Approval of user accounts is only 
available during business hours. Once you have an approved account, you 
can only sign in and file your comment after setting up multi-factor 
authentication, which can be done at any time of day. All comments must 
include the Copyright Royalty Board name and the docket number for this 
proposed rule. All properly filed comments will appear without change 
in eCRB at https://app.crb.gov, including any personal information 
provided.

[[Page 34675]]

    Docket: For access to the docket to read background documents or 
comments received, go to eCRB at https://app.crb.gov and perform a case 
search for docket 21-CRB-0002-PBR (2023-2027).

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, 
at 202-707-7658 or <a href="/cdn-cgi/l/email-protection#5536273715393a367b323a23"><span class="__cf_email__" data-cfemail="fb988999bb979498d59c948d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Section 118 of the Copyright Act, title 17 of the United States 
Code, establishes a statutory license for the use of certain 
copyrighted works in connection with noncommercial television and radio 
broadcasting. Chapter 8 of the Copyright Act requires the Copyright 
Royalty Judges (``Judges'') to conduct proceedings every five years to 
determine the rates and terms for the section 118 license. 17 U.S.C. 
801(b)(1), 804(b)(6). Accordingly, the Judges commenced a proceeding in 
January 2021, by publishing notice of the commencement of the 
proceeding and a request that interested parties submit petitions to 
participate. 86 FR 325 (Jan. 5, 2021).
    The Judges received petitions to participate in the current 
proceeding from The American Society of Authors, Composers and 
Publishers (ASCAP); Broadcast Music, Inc. (BMI); Church Music 
Publishers' Association, Inc. (CMPA); Educational Media Foundation 
(EMF); Global Music Rights, LLC; National Religious Broadcasters 
Noncommercial Music License Committee (NRBNMLC); David Powell; Public 
Broadcasting Entities (Corporation for Public Broadcasting (CPB), 
National Public Radio (NPR), and Public Broadcasting Service (PBS)); 
SESAC Performing Rights, LLC (SESAC); and The Harry Fox Agency LLC 
(HFA).
    The Judges gave notice to all participants of the three-month 
negotiation period required by 17 U.S.C. 803(b)(3) and directed that, 
if the participants were unable to negotiate a settlement, they should 
submit Written Direct Statements no later than September 10, 2021. 
Notice of Participants, Commencement of Voluntary Negotiation Period, 
and Case Scheduling Order (Feb. 9, 2021).
    There are two ways copyright owners and public broadcasting 
entities \1\ may negotiate rates and terms under the section 118 
statutory license. First, copyright owners may negotiate rates and 
terms with specific public broadcasting entities for the use of all of 
the copyright owners' works covered by the license. Section 118(b)(2) 
provides that such license agreements ``shall be given effect in lieu 
of any determination by the . . . Copyright Royalty Judges,'' provided 
that copies of the agreement are submitted to the Judges ``within 30 
days of execution.'' 17 U.S.C. 118(b)(2).
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    \1\ A ``public broadcasting entity'' is defined as a 
``noncommercial educational broadcast station as defined in section 
397 of title 47 and any nonprofit institution or organization 
engaged in the activities described in paragraph (2) of subsection 
(c)'' of section 118. 17 U.S.C. 118(f).
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    Second, copyright owners and public broadcasting entities may 
negotiate rates and terms for categories of copyrighted works and uses 
that would be binding on all owners and entities using the same license 
and submit them to the Judges for approval. Section 801(b)(7)(A) of the 
Copyright Act authorizes the Judges to adopt rates and terms negotiated 
by ``some or all of the participants in a proceeding at any time during 
the proceeding'' provided they are submitted to the Judges for 
approval.
    This section provides that the Judges shall provide notice and an 
opportunity to comment on the agreement to (1) those that would be 
bound by the terms, rates, or other determination set by the agreement 
and (2) participants in the proceeding that would be bound by the 
terms, rates, or other determination set by the agreement. See section 
801(b)(7)(A). The Judges may decline to adopt the agreement as a basis 
for statutory terms and rates for participants not party to the 
agreement if any participant objects and the Judges conclude that the 
agreement does not provide a reasonable basis for setting statutory 
terms or rates. Id.
    On May 17, 2021, the Judges received a proposal from participant 
BMI regarding ``statutory license fees to be paid to BMI by 
noncommercial educational radio broadcast stations licensed to colleges 
or universities that are not affiliated with [NPR] for the performance 
of copyrighted musical works in BMI's repertory'' for the years 2023 
through 2027. Proposal of Broadcast Music, Inc. of Rates and Terms for 
Colleges and Universities at 1 (May 17, 2021) (Proposal). No college 
radio station or related entity filed a petition to participate in the 
proceeding, but the National Association of College and University 
Business Officers (NACUBO) and the American Council on Education (ACE) 
support BMI's proposal. Proposal at 4.
    The Proposal states that the fees in Sec.  381.5(c)(2)(i) should be 
modified. See Id. at 3-4. The modified fees reflect ``an annual cost-
of-living increase based on CPI, reflecting how increases were 
calculated in the joint proposals submitted by BMI and ACE . . . and by 
BMI and NACUBO'' in prior proceedings. Id. at 4.
    The Judges solicit comments on whether they should adopt the 
proposed regulations as statutory license fees to be paid by certain 
public broadcasting entities, namely, noncommercial educational radio 
stations licensed to colleges or universities that are not members of 
NPR, for their performances of copyrighted musical works in BMI's 
repertory, pursuant to 17 U.S.C. 118.
    Comments and objections regarding the proposed changes must be 
submitted no later than July 30, 2021.

List of Subjects in 37 CFR Part 381

    Copyright, Music, Radio, Television, Rates.
    For the reasons set forth in the preamble, the Copyright Royalty 
Judges propose to amend 37 CFR part 381 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), 803.

0
2. Revise Sec.  381.5(c)(2)(i) to read as follows:


Sec.  381.5   Performance of musical compositions by public 
broadcasting entities licensed to colleges and universities.

* * * * *
    (c) * * *
    (2) For all such compositions in the repertory of BMI, the royalty 
rates shall be as follows:
    (i) Music fees.

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                             Number of full-time students     2023       2024       2025       2026       2027
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Level 1...................  <1,000.......................       $390       $400       $410       $421       $432
Level 2...................  1,000-4,999..................        451        463        475        487        500
Level 3...................  5,000-9,999..................        619        635        652        669        686
Level 4...................  10,000-19,999................        801        822        843        865        887

[[Page 34676]]

 
Level 5...................  20,000+......................      1,009      1,035      1,062      1,090      1,118
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* * * * *

    Dated June 24, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-13922 Filed 6-29-21; 8:45 am]
BILLING CODE 1410-72-P


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