Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Library of Congress

###### Copyright Royalty Board

          - 37 CFR Part 381
          - [Docket No. 14—CRB-0009-NCEB (2015 COLA)]

# AGENCY:

Copyright Royalty Board, Library of Congress.

# ACTION:

Final rule.

# SUMMARY:

The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2% in the royalty rates that colleges, universities, and other educational institutions not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the SESAC repertory for the statutory license under the Copyright Act for noncommercial broadcasting.

# DATES:

*Effective:*                         January 2, 2015.                    

# FOR FURTHER INFORMATION CONTACT:

                        LaKeshia Keys, CRB Program Specialist, by telephone at (202) 707-7658 or by email at                         *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 November 29, 2012, 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 2013-2017.                     *See*77 FR 71104. Pursuant to these regulations, on or before December 1 of each year, the Judges shall publish in the                     **Federal Register**                     a notice of the change in the cost of living for the rate codified at § 381.5(c)(3) relating to compositions in the repertory of SESAC. 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 previous notice to the most recent index published prior to December 1, of that year,” 37 CFR 381.10(a), or (2) 2%. 37 CFR 381.10(b), (c).                

                    The change in the cost of living as determined by the CPI-U during the period from the most recent index published before December 1, 2013, to the most recent index published before December 1, 2014, is 1.7%.[1]                                          In accordance with 37 CFR 381.10(b), the Judges announce that the cost of living adjustment for calendar year 2015 shall be 2%. Application of the 2% COLA to the current rate for the performance of published nondramatic musical compositions in the repertory of SESAC— $143 per station—results in an adjusted rate of $146 per station.                

# List of Subjects in 37 CFR Part 381

      - Copyright
      - Music
      - Radio
      - Television
      - Rates

## 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 paragraph (c)(3)(iii) to read as follows: 

§ 381.5

* * * * *

(c) * * *

(3) * * *

(iii) 2015: $146 per station.

* * * * *

Dated: November 28, 2014.

Jesse Feder,

Copyright Royalty Judge.

# Footnotes

1.                             On November 20, 2014, the Bureau of Labor Statistics announced that the CPI-U increased 1.7% over the last 12 months.                    
        Back to Citation      

[FR Doc. 2014-28457 Filed 11-28-14; 4:15 pm]

BILLING CODE 1410-72-P