[Federal Register Volume 70, Number 230 (Thursday, December 1, 2005)]
[Rules and Regulations]
[Page 72077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23548]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 253

[Docket No. 2005-6 CRB NCBRA]


Cost of Living Adjustment for Performance of Musical Compositions 
by Colleges and Universities

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

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SUMMARY: The Copyright Royalty Board of the Library of Congress 
announces a cost of living adjustment of 4.3% 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 2004 to October 
2005.

DATES: January 3, 2006.

FOR FURTHER INFORMATION CONTACT: William J. Roberts, Jr., Senior 
Attorney, or Abioye E. Oyewole, CRB Program Specialist, Copyright 
Royalty Board (CRB), P.O. Box 70977, Southwest Station, Washington, DC 
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 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 Royalty Board 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 Sec.  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, 2004, to the most recent 
Index published before December 1, 2005, is 4.3% (2004's figure was 
190.9; the figure for 2004 is 199.2, 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 $273, $273, and $89 respectively.

List of Subjects in 37 CFR Part 253

    Copyright, Radio, Television.

Final Regulations

0
For the reasons set forth in the preamble, the Copyright Royalty Board 
amends 37 CFR part 253 as follows:

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

0
1. The authority citation for part 253 continues to read as follows:

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


Sec.  253.5  [Amended]

0
2. Section 253.5 (c) (1) is amended by removing ``$262'' and adding 
``$273'' in its place.


Sec.  253.5  [Amended]

0
3. Section 253.5 (c) (2) is amended by removing ``$262'' and adding 
``$273'' in its place.


Sec.  253.5  [Amended]

0
4. Section 253.5 (c) (3) is amended by removing ``$85'' and adding 
``$89'' in its place.

    Dated: November 28, 2005.
Bruce G. Forrest,
Interim Chief Copyright Royalty Judge.
[FR Doc. 05-23548 Filed 11-30-05; 8:45 am]
BILLING CODE 1410-72-P