Digital Performance Right in Sound Recordings and Ephemeral Recordings, 29886 [E7-10366]

Agencies

• Copyright Royalty Board, Library of Congress
• Library of Congress
• Copyright Royalty Board

[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Rules and Regulations]
[Page 29886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10366]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 380

[Docket No. 2005-1 CRB DTRA]


Digital Performance Right in Sound Recordings and Ephemeral 
Recordings

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule: technical amendment.

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SUMMARY: The Copyright Royalty Judges, on behalf of the Copyright 
Royalty Board of the Library of Congress, are making a technical 
amendment in the regulation regarding the royalty fees for the public 
performance of sound recordings and for ephemeral recordings under two 
statutory licenses to clarify the appropriate Aggregate Tuning Hour 
usage rate calculation option for the transition period of 2006 and 
2007 for non-music programming.

EFFECTIVE DATE: May 30, 2007.

FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or 
Gina Giuffreda, Attorney Advisor. Telephone: (202) 707-7658. Telefax: 
(202) 252-3423.

SUPPLEMENTARY INFORMATION: On May 1, 2007, the Copyright Royalty Judges 
(``Judges'') announced their final determination of the rates and terms 
for two statutory licenses, permitting certain digital performances of 
sound recordings and the making of ephemeral recordings, for the period 
beginning January 1, 2006, and ending on December 31, 2010. 72 FR 24084 
(May 1, 2007). The Final Determination included a transition phase for 
2006 and 2007 to use Aggregate Tuning Hours (``ATH'') to estimate usage 
as permitted under the prior fee regime in order to facilitate a smooth 
transition to the fee structure adopted in the Final Determination. 72 
FR 24086. Such ATH usage rate calculation options are set forth in 
Sec.  380.3(a).
    On May 8, 2007, Radio Broadcasters \1\ requested the Judges to 
clarify whether the appropriate ATH usage rate calculation option 
available for the transition period of 2006 and 2007 was inadvertently 
misstated because the incorrect starting point was identified for the 
``prior fees'' row for non music-programming (i.e., $0.0008 instead of 
$0.000762). None of the other parties in the proceeding filed any 
pleading about the request. The Judges considered the Radio 
Broadcasters' request under their authority in section 803(c)(4) of the 
Copyright Act, title 17 of the United States Code, which authorizes 
them to correct ``any technical or clerical errors in the determination 
* * * that would frustrate the proper implementation of the 
determination'' and requires them to distribute to the participants of 
the proceeding such correction and to publish the correction in the 
Federal Register.
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    \1\ Radio Broadcasters include Bonneville International Corp., 
Clear Channel Communications, Inc., Susquehanna Radio Corp., and The 
National Religious Broadcasters Music License Committee 
(``NRBMLC'').
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    After full consideration of the Radio Broadcasters' request, the 
Judges concluded that such clerical error indeed had been made. 
Consequently, in accordance with 17 U.S.C. 804(c)(4), the Judges issued 
an order to the participants in the proceeding acknowledging the 
clerical error and setting forth the corrected ATH usage rate 
calculation option available for non-music programming for the 2006-
2007 transition period. See Order Regarding Broadcasters' Request for 
Clarification of the Final Determination of Rates and Terms, Docket No. 
2005-1 CRB DTRA (May 21, 2007).
    Moreover, as further required by 17 U.S.C. 803(c)(4), the Judges 
today are amending Sec. Sec.  380.3(a)(1)(ii) and (a)(2)(iii) to 
reflect, as set forth in the May 21 Order, the correct ATH usage rate 
calculation option available for non-music programming for the 
transition period 2006-2007, which is as follows:

                          Non-Music Programming
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Prior Fees..........................  $0.000762 per ATH.
2006................................  $0.0008 per ATH.
2007................................  $0.0011 per ATH.
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    This correction also applies to footnotes 33 and 55 in Sections 
IV.C.1.d.i. and IV.D.1., respectively, of the Final Determination.
    Because this amendment is being made simply for the purpose of 
correcting a clerical error, the Judges find that there is good cause 
to make it effective immediately.

List of Subjects in 37 CFR Part 380

    Copyright, Sound recordings.

Final Regulation

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For the reasons set forth in the preamble, 37 CFR part 380 is amended 
as follows:

PART 380--RATES AND TERMS FOR CERTAIN ELIGIBLE NONSUBSCRIPTION 
TRANSMISSIONS, NEW SUBSCRIPTION SERVICES AND THE MAKING OF 
EPHEMERAL REPRODUCTIONS

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1. The authority citation for part 380 continues to read as follows:

    Authority: 17 U.S.C. 112(e), 114(f).


Sec.  380.3  [Amended]

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2. Section 380.3 is amended as follows:
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a. In paragraph (a)(1)(ii), by removing ``$0.0008'' and adding 
``$0.000762'' in its place, by removing ``$0.0011'' and adding 
``$0.0008'' in its place, and by removing ``$0.0014'' and adding 
``$0.0011'' in its place; and
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b. In paragraph (a)(2)(iii), by removing ``$0.0008'' and adding 
``$0.000762'' in its place, by removing ``$0.0011'' and adding 
``$0.0008'' in its place, and by removing ``$0.0014'' and adding 
``$0.0011'' in its place.

    Dated: May 23, 2007.
James Scott Sledge,
Chief Copyright Royalty Judge.
 [FR Doc. E7-10366 Filed 5-29-07; 8:45 am]
BILLING CODE 1410-72-P