[Federal Register Volume 79, Number 196 (Thursday, October 9, 2014)]
[Rules and Regulations]
[Pages 60977-60978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24175]


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LIBRARY OF CONGRESS

U.S. Copyright Office

37 CFR Part 210

[Docket No. 2012-7]


Technical Amendments to Mechanical and Digital Phonorecord 
Delivery Compulsory License

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Final rule; correction.

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SUMMARY: The United States Copyright Office published in the Federal 
Register of September 18, 2014, a final rule implementing section 
115(c)(5) of the Copyright Act of 1976, title 17 of the United States 
Code and prescribing by regulation the procedures for the monthly 
payment of royalties and preparation and service of monthly and annual 
statements of account by licensees pursuant to the Section 115 
compulsory license for the making and distribution of phonorecords of 
nondramatic musical works. This document makes technical corrections to 
that final rule.

DATES: Effective on November 17, 2014.

FOR FURTHER INFORMATION CONTACT: Sarang V. Damle, Special Advisor to 
the General Counsel by email at <a href="/cdn-cgi/l/email-protection#b9caddd8d4f9d5d6da97ded6cf"><span class="__cf_email__" data-cfemail="93e0f7f2fed3fffcf0bdf4fce5">[email protected]</span></a>, Stephen Ruwe, Attorney-
Advisor, Office of the General Counsel, or Rick Marshall, Attorney-
Advisor, Office of the General Counsel, at the U.S. Copyright Office, 
P.O. Box 70400, Washington, DC 20024. Telephone: (202) 707-8350.

SUPPLEMENTARY INFORMATION: The United States Copyright Office published 
a final rule in the Federal Register of September 18, 2014 (79 FR 
56190), which prescribed by regulation the procedures for the monthly 
payment of royalties and preparation and service of monthly and annual 
statements of account by licensees pursuant to the Section 115 
compulsory license for the making and distribution of phonorecords of 
nondramatic musical works. The final rule updated the existing payment 
and statement-of-account regulations in response to legal and 
marketplace developments, including the Copyright Royalty Board's 
adoption of newer percentage-of-

[[Page 60978]]

revenue royalty rate structures for certain digital music services, and 
changes in accounting and industry practice in the years since the 
rules were last substantially amended.
    This document corrects two inadvertent errors contained in the 
regulations set forth in the final rule. First, section 210.16, 
paragraph (c)(1)(vi), included an incorrect cross-reference to 
paragraph ``(a)(3),'' which does not exist. This incorrect reference is 
removed and replaced with a reference to paragraph ``(c)(3).'' Second, 
section 210.17, paragraph (h), included a clerical error that would 
have required copyright owners to request annual statements of account 
that they had not received for fiscal years ending after March 1, 2009 
and before November 17, 2014, before the effective date of the 
regulations. This error is corrected to reflect the Office's intent to 
permit copyright owners to make such a request at any time within 6 
months of the effective date of the regulations.
    Accordingly, in the final rule FR Doc. 2014-22235 published on 
September 18, 2014 (79 FR 56190), the Office makes the following 
corrections:

0
1. On page 56209, in the third column, Sec.  210.16(c)(1)(vi) is 
corrected to read as follows:


Sec.  210.16  Monthly statements of account.

* * * * *
    (c) * * *
    (1) * * *
    (vi) The phonorecord identification information required by 
paragraph (c)(3) of this section.
* * * * *

0
2. On page 56215, in the second column, Sec.  210.17(h) is corrected to 
read as follows:


Sec.  210.17  Annual statements of account.

* * * * *
    (h) Annual Statements for periods before the effective date of this 
regulation. If a copyright owner did not receive an Annual Statement of 
Account from a compulsory licensee for any fiscal year ending after 
March 1, 2009 and before November 17, 2014, the copyright owner may, at 
any time before May 17, 2015, make a request in writing to that 
compulsory licensee requesting an Annual Statement of Account for the 
relevant fiscal year conforming to the requirements of this section. If 
such a request is made, the compulsory licensee shall provide the 
Annual Statement of Account within 6 months after receiving the 
request. If such a circumstance and request applies to more than one of 
the compulsory licensee's fiscal years, such years may be combined on a 
single statement.

    Dated: October 1, 2014.
Maria A. Pallante,
Register of Copyrights.
James H. Billington,
Librarian of Congress.
[FR Doc. 2014-24175 Filed 10-8-14; 8:45 am]
BILLING CODE 1410-30-P


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