[Federal Register Volume 60, Number 29 (Monday, February 13, 1995)]
[Rules and Regulations]
[Pages 8196-8198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3497]



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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 251, 252, 253, 254, 255, 256, 257, 258, and 259

[Docket No. RM 93-12 and RM 94-1A]


Copyright Arbitration Royalty Panels; Correction

AGENCY: Copyright Office, Library of Congress.

ACTION: Correction to regulations.

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SUMMARY: This document contains corrections to the former Copyright 
Royalty Tribunal (CRT) regulations that were reissued by the Library of 
Congress and the Copyright Office on December 22, 1993, and to the 
interim copyright arbitration rules that were published on May 9, 1994.

EFFECTIVE DATE: These corrections are effective February 13, 1995.

FOR FURTHER INFORMATION CONTACT: William Roberts, Senior Attorney, 
[[Page 8197]] Copyright Arbitration Royalty Panels, P.O. Box 70977, 
Southwest Station, Washington, D.C. 20024 (202-707-8380).

SUPPLEMENTARY INFORMATION: On December 17, 1993, the Copyright Royalty 
Tribunal was abolished, and its functions were transferred to copyright 
arbitration royalty panels (CARPs) to be convened and supported by the 
Library of Congress and the Copyright Office. Copyright Royalty 
Tribunal Reform Act of 1993 (CRT Reform Act), Pub.L. No. 103-198, 107 
Stat. 2304 (1993). The CRT Reform Act directed the Library and the 
Office to adopt the rules and regulations of the former CRT until later 
rules were adopted. Accordingly, the CRT's rules were republished on 
December 22, 1993. 58 FR 67690 (December 22, 1993).
    The Library and the Office adopted interim rules on May 9, 1994, 
and final rules on December 7, 1994 adapting the former CRT rules to 
the new copyright arbitration system. 59 FR 23964 (May 9, 1994); 59 FR 
63025 (December 7, 1994).
    In reviewing the former CRT rules and our new CARP rules, we have 
discovered a number of substantive and nonsubstantive technical errors.
    The first was an error in the interim rules published on May 9, 
1994, in which the reference in Sec. 251.32(a) to ``Sec. 251.30'' 
should read ``Sec. 251.31''.
    The second error occurred in Sec. 251.52(c), Proposed findings and 
conclusions. To distinguish between proposed findings of fact and 
proposed conclusions, the sentence in paragraph (c) which reads, 
``Proposed findings shall be stated separately.'', should be removed 
from paragraph (c) and placed in a new paragraph (d).
    The third was an error in the 1992 public broadcasting rate 
adjustment proceeding at the CRT. In Sec. 253.6(c)(4), the rate listed 
there is applicable to the years 1993-1997, not 1988-1992, as 
published.
    The fourth error is found in Sec. 254.2 which defines coin-operated 
phonorecord player. The section references the definition in former 
section 116 of the Copyright Act, which was repealed by the CRT Reform 
Act. Section 254.2 is therefore revised by inserting the definitional 
langauge formerly contained in section 116.
    The fifth correction is to the mechanical royalty rates listed in 
Sec. 255.3. When the CRT adjusted the royalty rate in 1993 to take 
effect in 1994, it dropped an earlier paragraph that described the 
rates that were in effect for the period 1992-1993. It left the 
impression that the rates effective starting in 1990 were in effect for 
four years, instead of two. We are restoring that paragraph, so that 
all the rates, beginning in 1981, are listed in the rules.
    The sixth correction is removal of the reference, ``(Supp. IV 
1992)'', wherever it appears in part 259. The reference, ``(Supp. IV 
1992)'', refers to the Audio Home Recording Act of 1992, Pub.L. No. 
102-563, 106 Stat. 4237, which amended Title 17, of the U.S. Code, by 
adding a new Chapter 10. Since the Audio Home Recording Act has been 
incorporated into title 17 at Chapter 10, there is no need to continue 
citation to the Supplement.
    The seventh correction is to Sec. 259.2, the section on filing a 
claim for digital audio recording royalties. When we published our 
interim rules on May 9, 1994, the Office substituted the phrase 
``Library of Congress'' or ``Copyright Office'', as appropriate, for 
``Copyright Royalty Tribunal'' wherever the phrase was found. However, 
in reviewing Sec. 259.2, it appears that it would have been more 
accurate to substitute the phrase ``Copyright Office and/or Copyright 
Arbitration Panels'' for ``Copyright Royalty Tribunal'' as a 
recognition of the split nature of the proceedings.
    And finally, three terms will be added to the List of Subjects. 
Under the heading, 37 CFR Part 258, the term ``Cable television'' 
should be replaced with the term ``Satellite'' to more accurately 
reflect the content of this section. Additionally, the term ``rate'' 
shall be added to the headings, 37 CFR Part 255 and 37 CFR Part 258. 
The addition of this term will harmonize the subject lists for these 
sections with the headings for 37 CFR 253, 37 CFR Part 254 and 37 CFR 
Part 256. We are making that change here and correcting any 
nonsubstantive technical errors.

List of Subjects

37 CFR Part 251

    Administrative practice and procedure, Hearing and appeal 
procedures.

37 CFR Part 252

    Cable television, Claims, Copyright.

37 CFR Part 253

    Copyright, Music, Radio, Rates, Television.

37 CFR Part 254

    Copyright, Jukeboxes, Rates.

37 CFR Part 255

    Copyright, Music, Recordings.

37 CFR Part 256

    Cable television, Rates.

37 CFR Part 257

    Claims, Copyright, Satellites.

37 CFR Part 258

    Copyright, Satellites.

37 CFR Part 259

    Claims, Copyright, Digital audio recording devices and media.

PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE

    Accordingly, 37 CFR chapter II is corrected by making the following 
corrections and amendments:
    1. and 2. The authority citation for part 251 continues to read as 
follows:

    Authority: 17 U.S.C. 801-803.


Sec. 251.13  [Corrected]

    3. Section 251.13(f) is corrected by adding an ``a'' before the 
word ``clearly''.


Sec. 251.32  [Corrected]

    4. In Sec. 251.32(a), the reference to ``Sec. 251.30'' is revised 
to read ``Sec. 251.31''.


Sec. 251.33  [Corrected]

    5. The first sentence in Sec. 251.33(c) is corrected by replacing 
the word ``a'' with ``an'' in the phrase ``to serve as a arbitrator''.


Sec. 251.38  [Corrected]

    6. In Sec. 251.38(b), the word ``for'' is added before the word 
``travel''.


Sec. 251.44  [Corrected]

    7. In Sec. 251.44(e)(1), the first ``it'' in the last sentence is 
revised to read ``the document''.
    8. Section 251.44(g) is corrected by revising ``telefacsimile'' to 
read ``facsimile''.
    9. Section 251.48(f)(1)(ii) is revised to read as follows:


Sec. 251.48  Rules of evidence.

* * * * *
    (b) * * *
    (1) * * *
    (ii) An explanation of the method of selecting the sample and of 
the characteristics which were measured and counted.
* * * * *


Sec. 251.50  [Corrected]

    10. In Sec. 251.50, ``That'' is revised to read ``that''.


Sec. 251.52  [Amended]

    11. In Sec. 251.52 the sentence which reads, ``Proposed conclusions 
shall be stated separately.'' is removed from paragraph (c) and a new 
paragraph (d) is added to read as follows: [[Page 8198]] 


Sec. 251.52  Proposed findings and conclusions.

* * * * *
    (d) Proposed conclusions shall be stated separately.

PART 252--FILING OF CLAIMS TO CABLE ROYALTY FEES

    12. and 13. The authority citation for part 252 continues to read 
as follows:

    Authority: 17 U.S.C. 111(d)(4), 801, 803.


Sec. 252.1  [Corrected]

    14. Section 252.1 is corrected by removing the word ``to'' before 
the U.S. Code citation.

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

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

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


Sec. 253.6  [Corrected]

    16. In Sec. 253.6(c)(4), the phrase ``1988 through 1992,'' is 
revised to read ``1993 through 1997,''.

PART 254--ADJUSTMENT OF ROYALTY RATE FOR COIN-OPERATED PHONORECORD 
PLAYERS

    17. The authority citation for part 254 continues to read as 
follows:

    Authority: 17 U.S.C. 116, 801(b)(1).


Sec. 254.2  [Corrected]

    18. Section 254.2 is revised to read as follows:


Sec. 254.2  Definition of coin-operated phonorecord player.

    As used in this part, the term coin-operated phonorecord player is 
a machine or device that:
    (a) Is employed solely for the performance of nondramatic musical 
works by means of phonorecords upon being activated by insertion of 
coins, currency, tokens, or other monetary units or their equivalent;
    (b) Is located in an establishment making no direct or indirect 
charge for admission;
    (c) Is accompanied by a list of the titles of all the musical works 
available for performance on it, which list is affixed to the 
phonorecord player or posted in the establishment in a prominent 
position where it can be readily examined by the public; and
    (d) Affords a choice of works available for performance and permits 
the choice to be made by the patrons of the establishment in which it 
is located.

PART 255--ADJUSTMENT OF ROYALTY PAYABLE UNDER COMPULSORY LICENSE 
FOR MAKING AND DISTRIBUTING PHONORECORDS

    19. The authority citation for part 255 continues to read as 
follows:

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


Sec. 255.3  [Corrected]

    20. In Sec. 255.3, paragraph (a), the phrase ``paragraphs (b), (c), 
(d), (e), (f) and (g) of this section.'' is revised to read 
``paragraphs (b), (c), (d), (e), (f), (g) and (h) of this section.''
    21. In Sec. 255.3, paragraph (b), the phrase ``paragraphs (c), (d), 
(e), (f) and (g) of this section.'' is revised to read ``paragraphs 
(c), (d), (e), (f), (g) and (h) of this section.''
    22. In Sec. 255.3, paragraph (c), the phrase ``paragraphs (d), (e), 
(f) and (g) of this section.'' is revised to read ``paragraphs (d), 
(e), (f), (g) and (h) of this section.''
    23. In Sec. 255.3, paragraph (d), the phrase ``paragraphs (e), (f) 
and (g) of this section.'' is revised to read ``paragraphs (e), (f), 
(g) and (h) of this section.''
    24. In Sec. 255.3, paragraph (e), the phrase ``paragraphs (f) and 
(g) of this section.'' is revised to read ``paragraphs (f), (g) and (h) 
of this section.''
    25. In Sec. 255.3, paragraphs (f) and (g) are redesignated (g) and 
(h), respectively, the reference in redesignated paragraph (g) to 
``paragraph (g)'' is revised to read ``paragraph (h)'', and a new 
paragraph (f) is added as follows:


Sec. 255.3  Adjustment of royalty rate.

* * * * *
    (f) For every phonorecord made and distributed on or after January 
1, 1992, the royalty payable with respect to each work embodied in the 
phonorecord shall be 6.25 cents, or 1.2 cents per minute of playing 
time or fraction thereof, whichever amount is larger, subject to 
further adjustment pursuant to paragraphs (g) and (h) of this section.
* * * * *

PART 256--ADJUSTMENT OF ROYALTY FEE FOR CABLE COMPULSORY LICENSE

    26. The authority citation for part 256 continues to read as 
follows:

    Authority: 17 U.S.C. 702, 802.


Sec. 256.1  [Corrected]

    27. The first sentence of Sec. 256.1 is corrected by revising 
``or'' to read ``for''.

PART 259--FILING OF CLAIMS TO DIGITAL AUDIO RECORDING DEVICES AND 
MEDIA ROYALTY PAYMENTS

    28. The authority citation for part 259 continues to read as 
follows:

    Authority: 17 U.S.C. 1007(a)(1).


Sec. 259.1  [Amended]

    29. Section 259.1 is amended by removing all references to ``(Supp. 
IV 1992)''.


Sec. 259.2  [Corrected]

    30. In paragraphs (a) and (b) of Sec. 259.2, ``and/or Copyright 
Arbitration Royalty Panels'' is added after the phrase ``Copyright 
Office'' and before the phrase ``in royalty filing''.


Sec. 259.3  [Amended]

    31. Paragraph (a) of Sec. 259.3 is amended by removing all 
references to ``(Supp. IV 1992)''.


Sec. 259.4  [Amended]

    32. Paragraphs (a) and (b) of Sec. 259.4 are amended by removing 
all references to ``(Supp. IV 1992)''.

    Dated: February 7, 1995.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 95-3497 Filed 2-10-95; 8:45 am]
BILLING CODE 1410-33-P