Noncommercial Educational Broadcasting Statutory License, 67646-67652 [E7-23145]
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67646
Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Rules and Regulations
adding in its place Table I–08 to read as
follows:
Appendix D to Part 4044—Tables Used
to Determine Expected Retirement Age
TABLE I–08.—SELECTION OF RETIREMENT RATE CATEGORY
[(For Plans with valuation dates after December 31, 2007, and before January 1, 2009)]
Participant’s Retirement Rate Category is—
Low 1 if
monthly
benefit at
URA is less
than—
Participant reaches URA in year—
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
1
2
3
*
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
or later ....................................................................................................
From
536
549
563
576
589
602
616
630
645
660
To
536
549
563
576
589
602
616
630
645
660
2,264
2,320
2,376
2,430
2,486
2,544
2,602
2,662
2,723
2,786
High 3 if
monthly
benefit at
URA is greater
than—
2,264
2,320
2,376
2,430
2,486
2,544
2,602
2,662
2,723
2,786
Table II–A.
Table II–B.
Table II–C.
*
*
*
*
Issued in Washington, DC, this 27th day of
November, 2007.
Vincent K. Snowbarger,
Deputy Director, Pension Benefit Guaranty
Corporation.
[FR Doc. E7–23270 Filed 11–29–07; 8:45 am]
BILLING CODE 7709–01–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 2006–2 CRB NCBRA]
Noncommercial Educational
Broadcasting Statutory License
Copyright Royalty Board,
Library of Congress.
ACTION: Final rule.
AGENCY:
SUMMARY: The Copyright Royalty Judges
are publishing final regulations setting
the royalty rates and terms under the
Copyright Act for the noncommercial
educational broadcasting statutory
license for the license period 2008–
2012.
Effective Date: January 1, 2008.
Applicability Date: The regulations
apply to the license period January 1,
2008 through December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney-Advisor, by
telephone at (202) 707–7658 or e-mail at
crb@loc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
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Medium 2 if monthly benefit at
URA is
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Background
Section 118 of the Copyright Act, title
17 of the United States Code, establishes
a statutory license for the use of certain
copyrighted works in connection with
noncommercial television and radio
broadcasting. The terms and rates for
this statutory license have been adjusted
periodically by the Librarian of
Congress and appear in 37 CFR part 253.
However, the Copyright Royalty and
Distribution Reform Act of 2004, Pub. L.
108–419, transferred jurisdiction over
these rates and terms to the Copyright
Royalty Judges (‘‘Judges’’). 17 U.S.C.
801(b)(1). This is a window year for the
establishment of new rates and terms for
the 2008–2012 license period.
On January 9, 2006, pursuant to 17
U.S.C. 803(b)(1)(A)(i)(V), the Copyright
Royalty Judges published a notice in the
Federal Register announcing the
commencement of proceedings under 17
U.S.C. 118 and requesting interested
parties to submit their petitions to
participate. 71 FR 1453 (January 9,
2006). Petitions to participate were
received from: The American Council
on Education (‘‘ACE’’); the National
Music Publishers Association, Inc.
(‘‘NMPA’’); the Harry Fox Agency
(‘‘HFA’’); the National Religious
Broadcasters Noncommercial Music
License Committee (‘‘NRBNMLC’’);
Royalty Logic, Inc., the American
Society of Composers, Authors and
Publishers (‘‘ASCAP’’); Broadcast
Music, Inc. (‘‘BMI’’); SESAC, Inc.;
National Public Radio (‘‘NPR’’); the
Corporation for Public Broadcasting
(‘‘CPB’’); the Public Broadcasting
Service (‘‘PBS’’); and the Church Music
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Publishers Association. The Judges set
the timetable for the three-month
negotiation period, see 17 U.S.C.
803(b)(3), and directed the participants
to submit their written direct statements
no later than January 20, 2007. Instead
of written direct statements, the parties
submitted notification of settlements
and proposed rates and terms for the
Judges to adopt.
Section 801(b)(7)(A) allows for the
adoption of rates and terms negotiated
by ‘‘some or all of the participants in a
proceeding at any time during the
proceeding’’ provided they are
submitted to the Copyright Royalty
Judges for approval. This section
provides that in such event:
(i) The Copyright Royalty Judges shall
provide to those that would be bound by the
terms, rates, or other determination set by
any agreement in a proceeding to determine
royalty rates an opportunity to comment on
the agreement and shall provide to
participants in the proceeding under section
803(b)(2) that would be bound by the terms,
rates, or other determination set by the
agreement to comment on the agreement and
object to its adoption as a basis for statutory
terms and rates; and
(ii) the Copyright Royalty Judges may
decline to adopt the agreement as a basis for
statutory terms and rates for participants that
are not parties to the agreement, if any
participant described in clause (i) objects to
the agreement and the Copyright Royalty
Judges conclude, based on the record before
them if one exists, that the agreement does
not provide a reasonable basis for setting
statutory terms or rates.
17 U.S.C. 801(b)(7)(A). Accordingly, on
April 17, 2007, the Judges published a
Notice of Proposed Rulemaking
(‘‘NPRM’’) requesting comment on the
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proposed rates and terms, with certain
modifications, submitted to the Judges
as part of a joint proposal by the
following parties: ACE, ASCAP, BMI,
HFA, NMPA, NPR, NRBNMLC, PBS,
and SESAC. 72 FR 19138 (April 17,
2007). Comments were due by May 17,
2007.
In response to the NPRM, the Judges
received only one comment, which was
jointly submitted by NPR and PBS,
stating that there had been an
inadvertent error in the joint proposal
with respect to some of the NPR and
PBS proposed royalty rates, thereby
making the rates proposed in
§ 381.7(b)(1)(i) incorrect. Comments of
NPR and PBS, filed May 15, 2007, at 2.
They then set out the intended rates. Id.
Consequently, as required by section
801(b)(7)(A), the Judges published a
second NPRM requesting comment on
the rates correcting those previously
proposed in § 381.7(b)(1)(i). 72 FR
54623 (September 26, 2007) and 72 FR
57101 (October 5, 2007). Comments
were due by October 26, 2007. In
response to this NPRM, the Judges
received one comment from the
organization Students for a Democratic
Society. The comment stated that ‘‘in
some cases these royalties might be
restrictive’’ and that royalties may be
paid ‘‘for something that (perhaps) is in
fact Fair Use.’’ Comment submitted by
Students for a Democratic Society on
September 26, 2007. However, there was
no indication that this organization
would be bound by the proposed rates
and terms or that it was prepared to
participate in further proceedings to
establish rates and terms for the section
118 license.
Having received no objections from a
party that would be bound by the
proposed rates and terms and that
would be willing to participate in
further proceedings, the Copyright
Royalty Judges, by this notice, are
adopting final regulations which set the
rates and terms for the section 118
statutory license for the period 2008–
2012.
Cost of Living Adjustment
The regulations adopted today require
that on December 1 of each year, starting
with 2007, the Judges 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,1
to the most recent Index published prior
to December 1 of that year. 37 CFR
381.10(a). The regulations also require
1 The last cost of living adjustment was published
on December 1, 2006. See 71 FR 69486.
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the Judges to 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 381.10(b). However, the rate for
SESAC set forth in § 381.5(c)(4) is the
rate, without any adjustment, to be paid
to SESAC for calendar year 2008. This
rate will be subject to an annual cost of
living adjustment each year thereafter
for calendar years 2009 through 2012.
See Joint Proposal of SESAC, Inc. and
the American Council of Education at 2
(filed January 26, 2007). Therefore, the
Copyright Royalty Judges are
announcing the change in the Consumer
Price Index and performing the required
cost of living adjustment only to the
rates for ASCAP and BMI set out in
§§ 381.5(c)(1) and (c)(2) in the April 17
NPRM. See 72 FR 19140.
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, 2006, to
the most recent Index published before
December 1, 2007, is 3.5% (2006’s figure
was 201.8; the figure for 2007 is
208.936, based on 1982–1984 = 100 as
a reference base). Rounding off to the
nearest dollar, the royalty rate for the
use of musical compositions in each of
the repertoires of ASCAP and BMI is
$287.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television,
Rates.
Final Regulations
For the reasons set forth in the
preamble, the Copyright Royalty Judges
are adding Part 381 to Chapter III of title
37 of the Code of Federal Regulations to
read as follows:
I
PART 381—USE OF CERTAIN
COPYRIGHTED WORKS IN
CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL
BROADCASTING
Sec.
381.1 General.
381.2 Definition of public broadcasting
entity.
381.3 [Reserved]
381.4 Performance of musical compositions
by PBS, NPR, and other public
broadcasting entities engaged in the
activities set forth in 17 U.S.C. 118(c).
381.5 Performance of musical compositions
by public broadcasting entities licensed
to colleges and universities.
381.6 Performance of musical compositions
by other public broadcasting entities.
381.7 Recording rights, rates and terms.
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381.8 Terms and rates of royalty payments
for the use of published pictorial,
graphic, and sculptural works.
381.9 Unknown copyright owners.
381.10 Cost of living adjustment.
381.11 Notice of restrictions on use of
reproductions of transmission programs.
Authority: 17 U.S.C. 118, 801(b)(1) and
803.
§ 381.1
General.
This part establishes terms and rates
of royalty payments for certain activities
using published nondramatic musical
works and published pictorial, graphic
and sculptural works during a period
beginning on January 1, 2008, and
ending on December 31, 2012. Upon
compliance with 17 U.S.C. 118, and the
terms and rates of this part, a public
broadcasting entity may engage in the
activities with respect to such works set
forth in 17 U.S.C. 118(c).
§ 381.2
entity.
Definition of public broadcasting
As used in this part, the term public
broadcasting entity means a
noncommercial educational broadcast
station as defined in section 397 of title
47 and any nonprofit institution or
organization engaged in the activities
described in 17 U.S.C. 118(c).
§ 381.3
[Reserved]
§ 381.4 Performance of musical
compositions by PBS, NPR and other public
broadcasting entities engaged in the
activities set forth in 17 U.S.C. 118(c).
The following schedule of rates and
terms shall apply to the performance by
PBS, NPR and other public broadcasting
entities engaged in activities set forth in
17 U.S.C. 118(c) of copyrighted
published nondramatic musical
compositions, except for public
broadcasting entities covered by
§§ 381.5 and 381.6, and except for
compositions which are the subject of
voluntary license agreements.
(a) Determination of royalty
rate. (1) For performance of
such work in a feature presentation of PBS:
2008–2012 .........................
(2) For performance of such a
work as background or
theme music in a PBS program:
2008–2012 .........................
(3) For performance of such a
work in a feature presentation of a station of PBS:
2008–2012 .........................
(4) For performance of such a
work as background or
theme music in a program
of a station of PBS:
2008–2012 .........................
(5) For the performance of
such a work in a feature
presentation of NPR:
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$227.58
$57.66
$19.45
$4.10
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Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Rules and Regulations
2008–2012 .........................
(6) For the performance of
such a work as background
or theme music in an NPR
program:
2008–2012 .........................
(7) For the performance of
such a work in a feature
presentation of a station of
NPR:
2008–2012 ................................
(8) For the performance of
such a work as background
or theme music in a program of a station of NPR:
2008–2012 .........................
$23.07
$5.59
$1.63
$.58
(9) For purposes of this schedule the
rate for the performance of theme music
in an entire series shall be double the
single program theme rate.
(10) In the event the work is first
performed in a program of a station of
PBS or NPR, and such program is
subsequently distributed by PBS or
NPR, an additional royalty payment
shall be made equal to the difference
between the rate specified in this
section for a program of a station of PBS
or NPR, respectively, and the rate
specified in this section for a PBS or
NPR program, respectively.
(b) Payment of royalty rate. The
required royalty rate shall be paid to
each known copyright owner not later
than July 31 of each calendar year for
uses during the first six months of that
calendar year, and not later than January
31 for uses during the last six months
of the preceding calendar year.
(c) Records of use. PBS and NPR shall,
upon the request of a copyright owner
of a published musical work who
believes a musical composition of such
owner has been performed under the
terms of this schedule, permit such
copyright owner a reasonable
opportunity to examine their standard
cue sheets listing the nondramatic
performances of musical compositions
on PBS and NPR programs. Any local
PBS and NPR station that shall be
required by the provisions of any
voluntary license agreement with
ASCAP, BMI or SESAC covering the
license period January 1, 2008, to
December 31, 2012, to provide a music
use report shall, upon request of a
copyright owner who believes a musical
composition of such owner has been
performed under the terms of this
schedule, permit such copyright owner
to examine the report.
(d) Terms of use. The fees provided in
this schedule for the performance of a
musical work in a program shall cover
performances of such work in such
program for a period of four years
following the first performance.
§ 381.5 Performance of musical
compositions by public broadcasting
entities licensed to colleges and
universities.
(a) Scope. This section applies to the
performance of copyrighted published
nondramatic musical compositions by
noncommercial radio stations which are
licensed to accredited colleges,
accredited universities, or other
accredited nonprofit educational
institutions and which are not affiliated
with National Public Radio. For
purposes of this section, accreditation of
institutions providing post-secondary
education shall be determined by a
regional or national accrediting agency
recognized by the Council for Higher
Education Accreditation or the United
States Department of Education; and
accreditation of institutions providing
elementary or secondary education shall
be as recognized by the applicable state
licensing authority.
(b) Voluntary license agreements.
Notwithstanding the schedule of rates
and terms established in this section,
the rates and terms of any license
agreements entered into by copyright
owners and colleges, universities, and
other nonprofit educational institutions
concerning the performance of
copyrighted musical compositions,
including performances by
noncommercial radio stations, shall
apply in lieu of the rates and terms of
this section.
(c) Royalty rate. A public broadcasting
entity within the scope of this section
may perform published nondramatic
musical compositions subject to the
following schedule of royalty rates:
(1) For all such compositions in the
repertory of ASCAP, $287 annually.
(2) For all such compositions in the
repertory of BMI, $287 annually.
(3) For all such compositions in the
repertory of SESAC, $116 annually.
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Population count
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
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0–249,999 .................
250,000–499,999 ......
500,000–999,999 ......
1,000,000–1,499,999
1,500,000–1,999,999
2,000,000–2,499,999
2,500,000–2,999,999
3,000,000 and above
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2008
§ 381.6 Performance of musical
compositions by other public broadcasting
entities.
(a) Scope. This section applies to the
performance of copyrighted published
nondramatic musical compositions by
radio stations not licensed to colleges,
universities, or other nonprofit
educational institutions and which are
not affiliated with NPR. In the event that
a station owned by a public
broadcasting entity broadcasts
programming by means of an in-band,
on-channel (‘‘IBOC’’) digital radio signal
and such programming is different than
the station’s analog broadcast
programming, then any such
programming shall be deemed to be
provided by a separate station requiring
a separate royalty payment.
(b) Voluntary license agreements.
Notwithstanding the schedule of rates
and terms established in this section,
the rates and terms of any license
agreements entered into by copyright
owners and noncommercial radio
stations within the scope of this section
concerning the performance of
copyrighted musical compositions,
including performances by
noncommercial radio stations, shall
apply in lieu of the rates and terms of
this section.
(c) Royalty rate. A public broadcasting
entity within the scope of this section
may perform published nondramatic
musical compositions subject to the
following schedule of royalty rates:
(1) For all such compositions in the
repertory of ASCAP, the royalty rates
shall be as follows:
2009
$ 550
1,000
1,500
2,000
2,500
3,000
3,500
5,000
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(4) For the performance of any other
such compositions: $1.
(d) Payment of royalty rate. The
public broadcasting entity shall pay the
required royalty rate to ASCAP, BMI
and SESAC not later than January 31 of
each year.
(e) Records of use. A public
broadcasting entity subject to this
section shall furnish to ASCAP, BMI
and SESAC, upon request, a music-use
report during one week of each calendar
year. ASCAP, BMI and SESAC shall not
in any one calendar year request more
than 10 stations to furnish such reports.
$ 567
1,030
1,545
2,060
2,575
3,090
3,605
5,150
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2010
$ 583
1,061
1,591
2,122
2,652
3,183
3,713
5,305
30NOR1
2011
$ 601
1,093
1,639
2,185
2,732
3,278
3,825
5,464
2012
$ 619
1,126
1,688
2,251
2,814
3,377
3,939
5,628
Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Rules and Regulations
67649
(2) For all such compositions in the
repertory of BMI, the royalty rates shall
be as follows:
Population count
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
0–249,999 .................
250,000–499,999 ......
500,000–999,999 ......
1,000,000–1,499,999
1,500,000–1,999,999
2,000,000–2,499,999
2,500,000–2,999,999
3,000,000 and above
2008
2009
$ 550
1,000
1,500
2,000
2,500
3,000
3,500
5,000
2010
$ 567
1,030
1,545
2,060
2,575
3,090
3,605
5,150
$ 583
1,061
1,591
2,122
2,652
3,183
3,713
5,305
2011
$ 601
1,093
1,639
2,185
2,732
3,278
3,825
5,464
2012
$ 619
1,126
1,688
2,251
2,814
3,377
3,939
5,628
(3) For all such compositions in the
repertory of SESAC, the royalty rates
shall be as follows:
Population count
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
.............................................................
(4) For the performance of any other
such compositions, in 2008 through
2012, $1.
(d) Payment of royalty rate. The
public broadcasting entity shall pay the
required royalty rate to ASCAP, BMI
and SESAC not later than January 31 of
each year. Each annual payment shall be
accompanied by a signed declaration
stating the Population Count of the
public broadcasting entity and the
source for such Population Count. An
exact copy of such declaration shall be
furnished to each of ASCAP, BMI and
SESAC. Upon prior written notice
thereof from ASCAP, BMI or SESAC, a
public broadcasting entity shall make its
books and records relating to its
Population Count available for
inspection.
(e) Records of use. A public
broadcasting entity subject to this
section shall furnish to ASCAP, BMI
and SESAC, upon request, a music-use
report during one week of each calendar
year. ASCAP, BMI and SESAC each
shall not in any one calendar year
request more than 10 stations to furnish
such reports.
0–249,999 .................
250,000–499,999 ......
500,000–999,999 ......
1,000,000–1,499,999
1,500,000–1,999,999
2,000,000–2,499,999
2,500,000–2,999,999
3,000,000 and above
2008
2009
$ 120
200
300
400
500
600
700
1,000
2010
$ 124
206
309
412
515
618
721
1,030
(f) Definitions. As used in paragraphs
(c) and (d) of this section, the following
terms and their variant forms mean the
following:
(1) Population Count. The
combination of:
(i) The number of persons estimated
to reside within a stations Predicted 60
dBu Contour, based on the most recent
available census data; and
(ii) The nonduplicative number of
persons estimated to reside in the
Predicted 60 dBu Contour of any
Translator Station or Booster Station
that extends a public broadcasting
entity’s signal beyond the contours of a
station’s Predicted 60 dBu Contour.
(iii) In determining Population Count,
a station or a Translator Station or a
Booster Station may use and report the
total population data, from a research
company generally recognized in the
broadcasting industry, for the radio
market within which the station’s
community license is located.
(2) Predicted 60 dBu Contour shall be
calculated as set forth in 47 CFR 73.313.
(3) Translator Station and Booster
Station shall have the same meanings as
set forth in 47 CFR 74.1201.
§ 381.7
$ 127
212
318
424
530
637
743
1,061
2011
$ 131
219
328
437
546
656
765
1,093
2012
$ 135
225
338
450
563
675
788
1,126
Recording rights, rates and terms.
(a) Scope. This section establishes
rates and terms for the recording of
nondramatic performances and displays
of musical works, other than
compositions subject to voluntary
license agreements, on and for the radio
and television programs of public
broadcasting entities, whether or not in
synchronization or timed relationship
with the visual or aural content, and for
the making, reproduction, and
distribution of copies and phonorecords
of public broadcasting programs
containing such nondramatic
performances and displays of musical
works solely for the purpose of
transmission by public broadcasting
entities. The rates and terms established
in this schedule include the making of
the reproductions described in 17 U.S.C.
118(c)(3).
(b) Royalty rate. (1)(i) For uses
described in paragraph (a) of this
section of a musical work in a PBSdistributed program, the royalty fees
shall be calculated by multiplying the
following per-composition rates by the
number of different compositions in that
PBS-distributed program:
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(A) Feature ...........................................................................................................................................................................................
(B) Concert feature (per minute) .........................................................................................................................................................
(C) Background ....................................................................................................................................................................................
(D) Theme:
(1) Single program or first series program ...................................................................................................................................
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34.26
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2008–2012
(2) Other series program ..............................................................................................................................................................
(ii) For such uses other than in a PBSdistributed television program, the
royalty fee shall be calculated by
multiplying the following per-
23.41
composition rates by the number of
different compositions in that program:
2008–2012
(A) Feature ...........................................................................................................................................................................................
(B) Concert feature (per minute) .........................................................................................................................................................
(C) Background ....................................................................................................................................................................................
(D) Theme:
(1) Single program or first series of program ...............................................................................................................................
(2) Other series program ..............................................................................................................................................................
(iii) In the event the work is first
recorded other than in a PBS-distributed
program, and such program is
subsequently distributed by PBS, an
additional royalty payment shall be
made equal to the difference between
the rate specified in this section for
other than a PBS-distributed program
and the rate specified in this section for
a PBS-distributed program.
(2) For uses licensed herein of a
musical work in a NPR program, the
royalty fees shall be calculated by
multiplying the following percomposition rates by the number of
$9.43
2.48
4.10
4.10
1.63
different compositions in any NPR
program distributed by NPR. For
purposes of this schedule ‘‘National
Public Radio’’ programs include all
programs produced in whole or in part
by NPR, or by any NPR station or
organization under contract with NPR.
2008–2012
(i) Feature ............................................................................................................................................................................................
(ii) Concert feature (per minute) ..........................................................................................................................................................
(iii) Background ....................................................................................................................................................................................
(iv) Theme:
(A) Single program or first series program ..................................................................................................................................
(B) Other series program .............................................................................................................................................................
(3) For purposes of this schedule, a
‘‘Concert Feature’’ shall be deemed to be
the nondramatic presentation in a
program of all or part of a symphony,
concerto, or other serious work
originally written for concert
performance, or the nondramatic
presentation in a program of portions of
$12.35
18.13
6.19
6.19
2.47
a serious work originally written for
opera performance.
(4) For such uses other than in an
NPR-produced radio program:
2008–2012
rwilkins on PROD1PC63 with RULES
(i) Feature ..........................................................................................................................................................................................
(ii) Feature (concert) (per half hour) ..................................................................................................................................................
(iii) Background ..................................................................................................................................................................................
(5) The schedule of fees covers use for
a period of three years following the
first use. Succeeding use periods will
require the following additional
payment: Additional one-year period—
25 percent of the initial three-year fee;
second three-year period—50 percent of
the initial three-year fee; each three-year
fee thereafter—25 percent of the initial
three-year fee; provided that a 100
percent additional payment prior to the
expiration of the first three-year period
will cover use during all subsequent use
periods without limitation. Such
succeeding uses which are subsequent
to December 31, 2012, shall be subject
to the royalty rates established in this
schedule.
(c) Payment of royalty rates. The
required royalty rates shall be paid to
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16:09 Nov 29, 2007
Jkt 214001
each known copyright owner not later
than July 31 of each calendar year for
uses during the first six months of that
calendar year, and not later than January
31 for uses during the last six months
of the preceding calendar year.
(d) Records of use—(1) Maintenance
of cue sheets. PBS and its stations, NPR,
or other public broadcasting entities
shall maintain and make available for
examination pursuant to paragraph (e)
of this section copies of their standard
cue sheets or summaries of same listing
the recording of the musical works of
such copyright owners.
(2) Content of cue sheets or
summaries. Such cue sheets or
summaries shall include:
PO 00000
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Fmt 4700
Sfmt 4700
$.79
1.65
.40
(i) The title, composer and author to
the extent such information is
reasonably obtainable.
(ii) The type of use and manner of
performance thereof in each case.
(iii) For Concert Feature music, the
actual recorded time period on the
program, plus all distribution and
broadcast information available to the
public broadcasting entity.
(e) Filing of use reports with the
Copyright Royalty Judges. Deposit of cue
sheets or summaries. PBS and its
stations, NPR, or other television public
broadcasting entity shall deposit with
the Copyright Royalty Judges one
electronic copy in Portable Document
Format (PDF) on compact disk (an
optical data storage medium such as a
CD–ROM, CD–R or CD–RW) or floppy
E:\FR\FM\30NOR1.SGM
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Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Rules and Regulations
diskette of their standard music cue
sheets or summaries of same listing the
recording pursuant to this schedule of
the musical works of copyright owners.
Such cue sheets or summaries shall be
deposited not later than July 31 of each
calendar year for recordings during the
first six months of the calendar year and
not later than January 31 of each
calendar year for recordings during the
second six months of the preceding
calendar year. PBS and NPR shall
maintain at their offices copies of all
standard music cue sheets from which
such music use reports are prepared.
Such music cue sheets shall be
furnished to the Copyright Royalty
Judges upon their request and also shall
be available during regular business
hours at the offices of PBS or NPR for
examination by a copyright owner who
believes a musical composition of such
owner has been recorded pursuant to
this schedule.
§ 381.8 Terms and rates of royalty
payments for the use of published pictorial,
graphic, and sculptural works.
(a) Scope. This section establishes
rates and terms for the use of published
67651
pictorial, graphic, and sculptural works
by public broadcasting entities for the
activities described in 17 U.S.C. 118.
The rates and terms established in this
schedule include the making of the
reproductions described in 17 U.S.C.
118(c).
(b) Royalty rate. (1) The following
schedule of rates shall apply to the use
of works within the scope of this
section:
(i) For such uses in a PBS-distributed
program:
2008–2012
(A) For featured display of a work .......................................................................................................................................................
(B) For background and montage display ...........................................................................................................................................
(C) For use of a work for program identification or for thematic use .................................................................................................
(D) For the display of an art reproduction copyrighted separately from the work of fine art from which the work was reproduced
irrespective of whether the reproduced work of fine art is copyrighted so as to be subject also to payment of a display fee
under the terms of the schedule ......................................................................................................................................................
$69.70
33.99
137.40
45.14
(ii) For such uses in other than PBSdistributed programs:
2008–2012
rwilkins on PROD1PC63 with RULES
(A) For featured display of a work .......................................................................................................................................................
(B) For background and montage display ...........................................................................................................................................
(C) For use of a work for program identification or for thematic use .................................................................................................
(D) For the display of an art reproduction copyrighted separately from the work of fine art from which the work was reproduced
irrespective of whether the reproduced work of fine art is copyrighted so as to be subject also to payment of a display fee
under the terms of this schedule .....................................................................................................................................................
(2) For the purposes of the schedule
in paragraph (b)(1) of this section the
rate for the thematic use of a work in an
entire series shall be double the single
program theme rate. In the event the
work is first used other than in a PBSdistributed program, and such program
is subsequently distributed by PBS, an
additional royalty payment shall be
made equal to the difference between
the rate specified in this section for
other than a PBS-distributed program
and the rate specified in this section for
a PBS-distributed program.
(3) ‘‘Featured display’’ for purposes of
this schedule means a full-screen or
substantially full-screen display
appearing on the screen for more than
three seconds. Any display less than
full-screen or substantially full-screen,
or full-screen for three seconds or less,
is deemed to be a ‘‘background or
montage display’’.
(4) ‘‘Thematic use’’ is the utilization
of the works of one or more artists
where the works constitute the central
theme of the program or convey a story
line.
(5) ‘‘Display of an art reproduction
copyrighted separately from the work of
fine art from which the work was
VerDate Aug<31>2005
16:09 Nov 29, 2007
Jkt 214001
reproduced’’ means a transparency or
other reproduction of an underlying
work of fine art.
(c) Payment of royalty rate. PBS or
other public broadcasting entity shall
pay the required royalty fees to each
copyright owner not later than July 31
of each calendar year for uses during the
first six months of that calendar year,
and not later than January 31 for uses
during the last six months of the
preceding calendar year.
(d) Records of use. (1) PBS and its
stations or other public broadcasting
entity shall maintain and furnish either
to copyright owners, or to the offices of
generally recognized organizations
representing the copyright owners of
pictorial, graphic and sculptural works,
copies of their standard lists containing
the pictorial, graphic, and sculptural
works displayed on their programs.
Such notice shall include the name of
the copyright owner, if known, the
specific source from which the work
was taken, a description of the work
used, the title of the program on which
the work was used, and the date of the
original broadcast of the program.
(2) Such listings shall be furnished
not later than July 31 of each calendar
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
$45.14
23.13
92.27
23.14
year for displays during the first six
months of the calendar year, and not
later than January 31 of each calendar
year for displays during the second six
months of the preceding calendar year.
(e) Filing of use reports with the
Copyright Royalty Judges. (1) PBS and
its stations or other public broadcasting
entity shall deposit with the Copyright
Royalty Judges one electronic copy in
Portable Document Format (PDF) on
compact disk (an optical data storage
medium such as a CD–ROM, CD–R or
CD–RW) or floppy diskette of their
standard lists containing the pictorial,
graphic, and sculptural works displayed
on their programs. Such notice shall
include the name of the copyright
owner, if known, the specific source
from which the work was taken, a
description of the work used, the title of
the program on which the work was
used, and the date of the original
broadcast of the program.
(2) Such listings shall be furnished
not later than July 31 of each calendar
year for displays during the first six
months of the calendar year, and not
later than January 31 of each calendar
E:\FR\FM\30NOR1.SGM
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67652
Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Rules and Regulations
year for displays during the second six
months of the preceding calendar year.
(f) Terms of use. (1) The rates of this
schedule are for unlimited use for a
period of three years from the date of
the first use of the work under this
schedule. Succeeding use periods will
require the following additional
payment: Additional one-year period—
25 percent of the initial three-year fee;
second three-year period—50 percent of
the initial three-year fee; each three-year
period thereafter—25 percent of the
initial three-year fee; provided that a
100 percent additional payment prior to
the expiration of the first three-year
period will cover use during all
subsequent use periods without
limitation. Such succeeding uses which
are subsequent to December 31, 2012,
shall be subject to the rates established
in this schedule.
(2) Pursuant to the provisions of 17
U.S.C. 118(e), nothing in this schedule
shall be construed to permit, beyond the
limits of fair use as provided in 17
U.S.C. 107, the production of a
transmission program drawn to any
substantial extent from a published
compilation of pictorial, graphic, or
sculptural works.
§ 381.9
Unknown copyright owners.
If PBS and its stations, NPR and its
stations, or other public broadcasting
entity is not aware of the identity of, or
unable to locate, a copyright owner who
is entitled to receive a royalty payment
under this part, they shall retain the
required fee in a segregated trust
account for a period of three years from
the date of the required payment. No
claim to such royalty fees shall be valid
after the expiration of the three-year
period. Public broadcasting entities may
establish a joint trust fund for the
purposes of this section. Public
broadcasting entities shall make
available to the Copyright Royalty
Judges, upon request, information
concerning fees deposited in trust
funds.
rwilkins on PROD1PC63 with RULES
§ 381.10
(a) On or before December 1, 2007, the
Copyright Royalty Judges shall publish
in the Federal Register 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 December 1, 2006, to
the most recent Index published prior to
December 1, 2007. On each December 1
thereafter the Copyright Royalty Judges
shall publish a notice of the change in
the cost of living during the period from
the most recent index published prior to
the previous notice, to the most recent
16:09 Nov 29, 2007
Jkt 214001
§ 381.11 Notice of restrictions on use of
reproductions of transmission programs.
Any public broadcasting entity which,
pursuant to 17 U.S.C. 118, supplies a
reproduction of a transmission program
to governmental bodies or nonprofit
institutions shall include with each
copy of the reproduction a warning
notice stating in substance that the
reproductions may be used for a period
of not more than seven days from the
specified date of transmission, that the
reproductions must be destroyed by the
user before or at the end of such period,
and that a failure to fully comply with
these terms shall subject the body or
institution to the remedies for
infringement of copyright.
Dated: November 23, 2007.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E7–23145 Filed 11–29–07; 8:45 am]
BILLING CODE 1410–72–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 409
[CMS–1545–CN2]
Cost of living adjustment.
VerDate Aug<31>2005
Index published prior to December 1, of
that year.
(b) On the same date of the notices
published pursuant to paragraph (a) of
this section, the Copyright Royalty
Judges shall publish in the Federal
Register a revised schedule of rates for
§ 381.5 which shall adjust those royalty
amounts established in dollar amounts
according to the change in the cost of
living determined as provided in
paragraph (a) of this section. Such
royalty rates shall be fixed at the nearest
dollar.
(c) The adjusted schedule for rates for
§ 381.5 shall become effective thirty
days after publication in the Federal
Register.
Medicare Program; Prospective
Payment System and Consolidated
Billing for Skilled Nursing Facilities;
Corrections
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Final rule; correction notice.
AGENCY:
SUMMARY: This document corrects
technical errors that appeared in the
August 3, 2007 Federal Register,
entitled ‘‘Medicare Program; Prospective
Payment System and Consolidated
Frm 00018
Fmt 4700
I. Background
On September 28, 2007, we published
a correction notice (FR Doc. E7–18732,
72 FR 55085) to correct a number of
technical errors that appeared in the FY
2008 Skilled Nursing Facility
Prospective Payment System (SNF PPS)
final rule on August 3, 2007 (FR Doc.
07–3784, 72 FR 43412). In this notice,
we are correcting certain technical
errors in the wage index values, which
have been recently identified.
Specifically, we have determined that in
the process of developing the most
recent hospital wage index, an inpatient
hospital provider was inadvertently
assigned to the wrong Core-Based
Statistical Area (CBSA). This provider
was incorrectly located in CBSA 16180
(Carson City, NV) instead of CBSA
39900 (Reno-Sparks, NV). Accordingly,
we are revising the wage index values
for CBSA 16180 Carson City, NV from
0.9353 to the corrected value of 1.0003.
Similarly, we are revising the wage
index value for CBSA 39900 RenoSparks, NV from 1.0959 to the corrected
value of 1.0715. As we are revising the
entries for only these two particular
CBSAs, we are not republishing the
lengthy Table 8, ‘‘FY 2008 Wage Index
for Urban Areas Based on CBSA Labor
market Areas,’’ in its entirety in this
notice. We note that the corrected
version of this table is available online
on the SNF PPS website, at https://
www.cms.hhs.gov/SNFPPS/
04_WageIndex.asp.
The corrections in this document
appear below in the ‘‘Correction of
Errors’’ section. The provisions in this
correction notice are effective as of
January 1, 2008.
II. Correction of Errors
RIN 0938–AM46
PO 00000
Billing for Skilled Nursing Facilities for
FY 2008; Final Rule.’’
DATES: Effective Date: This correction is
effective January 1, 2008.
FOR FURTHER INFORMATION CONTACT: Bill
Ullman, (410) 786–5667.
SUPPLEMENTARY INFORMATION:
Sfmt 4700
In FR Doc. 07–3784 (72 FR 43412),
make the following corrections:
1. On page 43441, in column 3
(‘‘Wage Index’’) of Table 8, ‘‘Wage Index
for Urban Areas Based on CBSA Labor
Market Areas’’, the entry ‘‘0.9353’’ for
CBSA 16180 Carson City, NV is
corrected to read ‘‘1.0003’’.
2. On page 43455, in column 3
(‘‘Wage Index’’) of Table 8, ‘‘Wage Index
for Urban Areas Based on CBSA Labor
Market Areas’’, the entry ‘‘1.0959’’ for
CBSA 39900 Reno-Sparks, NV is
corrected to read ‘‘1.0715’’.
E:\FR\FM\30NOR1.SGM
30NOR1
]]>Agencies
[Federal Register Volume 72, Number 230 (Friday, November 30, 2007)]
[Rules and Regulations]
[Pages 67646-67652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23145]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 2006-2 CRB NCBRA]
Noncommercial Educational Broadcasting Statutory License
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges are publishing final regulations
setting the royalty rates and terms under the Copyright Act for the
noncommercial educational broadcasting statutory license for the
license period 2008-2012.
DATES: Effective Date: January 1, 2008.
Applicability Date: The regulations apply to the license period
January 1, 2008 through December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney-Advisor, by telephone at (202) 707-7658 or e-
mail at crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 118 of the Copyright Act, title 17 of the United States
Code, establishes a statutory license for the use of certain
copyrighted works in connection with noncommercial television and radio
broadcasting. The terms and rates for this statutory license have been
adjusted periodically by the Librarian of Congress and appear in 37 CFR
part 253. However, the Copyright Royalty and Distribution Reform Act of
2004, Pub. L. 108-419, transferred jurisdiction over these rates and
terms to the Copyright Royalty Judges (``Judges''). 17 U.S.C.
801(b)(1). This is a window year for the establishment of new rates and
terms for the 2008-2012 license period.
On January 9, 2006, pursuant to 17 U.S.C. 803(b)(1)(A)(i)(V), the
Copyright Royalty Judges published a notice in the Federal Register
announcing the commencement of proceedings under 17 U.S.C. 118 and
requesting interested parties to submit their petitions to participate.
71 FR 1453 (January 9, 2006). Petitions to participate were received
from: The American Council on Education (``ACE''); the National Music
Publishers Association, Inc. (``NMPA''); the Harry Fox Agency
(``HFA''); the National Religious Broadcasters Noncommercial Music
License Committee (``NRBNMLC''); Royalty Logic, Inc., the American
Society of Composers, Authors and Publishers (``ASCAP''); Broadcast
Music, Inc. (``BMI''); SESAC, Inc.; National Public Radio (``NPR'');
the Corporation for Public Broadcasting (``CPB''); the Public
Broadcasting Service (``PBS''); and the Church Music Publishers
Association. The Judges set the timetable for the three-month
negotiation period, see 17 U.S.C. 803(b)(3), and directed the
participants to submit their written direct statements no later than
January 20, 2007. Instead of written direct statements, the parties
submitted notification of settlements and proposed rates and terms for
the Judges to adopt.
Section 801(b)(7)(A) allows for the adoption of rates and terms
negotiated by ``some or all of the participants in a proceeding at any
time during the proceeding'' provided they are submitted to the
Copyright Royalty Judges for approval. This section provides that in
such event:
(i) The Copyright Royalty Judges shall provide to those that
would be bound by the terms, rates, or other determination set by
any agreement in a proceeding to determine royalty rates an
opportunity to comment on the agreement and shall provide to
participants in the proceeding under section 803(b)(2) that would be
bound by the terms, rates, or other determination set by the
agreement to comment on the agreement and object to its adoption as
a basis for statutory terms and rates; and
(ii) the Copyright Royalty Judges may decline to adopt the
agreement as a basis for statutory terms and rates for participants
that are not parties to the agreement, if any participant described
in clause (i) objects to the agreement and the Copyright Royalty
Judges conclude, based on the record before them if one exists, that
the agreement does not provide a reasonable basis for setting
statutory terms or rates.
17 U.S.C. 801(b)(7)(A). Accordingly, on April 17, 2007, the Judges
published a Notice of Proposed Rulemaking (``NPRM'') requesting comment
on the
[[Page 67647]]
proposed rates and terms, with certain modifications, submitted to the
Judges as part of a joint proposal by the following parties: ACE,
ASCAP, BMI, HFA, NMPA, NPR, NRBNMLC, PBS, and SESAC. 72 FR 19138 (April
17, 2007). Comments were due by May 17, 2007.
In response to the NPRM, the Judges received only one comment,
which was jointly submitted by NPR and PBS, stating that there had been
an inadvertent error in the joint proposal with respect to some of the
NPR and PBS proposed royalty rates, thereby making the rates proposed
in Sec. 381.7(b)(1)(i) incorrect. Comments of NPR and PBS, filed May
15, 2007, at 2. They then set out the intended rates. Id.
Consequently, as required by section 801(b)(7)(A), the Judges
published a second NPRM requesting comment on the rates correcting
those previously proposed in Sec. 381.7(b)(1)(i). 72 FR 54623
(September 26, 2007) and 72 FR 57101 (October 5, 2007). Comments were
due by October 26, 2007. In response to this NPRM, the Judges received
one comment from the organization Students for a Democratic Society.
The comment stated that ``in some cases these royalties might be
restrictive'' and that royalties may be paid ``for something that
(perhaps) is in fact Fair Use.'' Comment submitted by Students for a
Democratic Society on September 26, 2007. However, there was no
indication that this organization would be bound by the proposed rates
and terms or that it was prepared to participate in further proceedings
to establish rates and terms for the section 118 license.
Having received no objections from a party that would be bound by
the proposed rates and terms and that would be willing to participate
in further proceedings, the Copyright Royalty Judges, by this notice,
are adopting final regulations which set the rates and terms for the
section 118 statutory license for the period 2008-2012.
Cost of Living Adjustment
The regulations adopted today require that on December 1 of each
year, starting with 2007, the Judges 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,\1\ to the most recent Index
published prior to December 1 of that year. 37 CFR 381.10(a). The
regulations also require the Judges to 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 381.10(b). However, the rate for SESAC set forth in Sec.
381.5(c)(4) is the rate, without any adjustment, to be paid to SESAC
for calendar year 2008. This rate will be subject to an annual cost of
living adjustment each year thereafter for calendar years 2009 through
2012. See Joint Proposal of SESAC, Inc. and the American Council of
Education at 2 (filed January 26, 2007). Therefore, the Copyright
Royalty Judges are announcing the change in the Consumer Price Index
and performing the required cost of living adjustment only to the rates
for ASCAP and BMI set out in Sec. Sec. 381.5(c)(1) and (c)(2) in the
April 17 NPRM. See 72 FR 19140.
---------------------------------------------------------------------------
\1\ The last cost of living adjustment was published on December
1, 2006. See 71 FR 69486.
---------------------------------------------------------------------------
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, 2006, to the most recent
Index published before December 1, 2007, is 3.5% (2006's figure was
201.8; the figure for 2007 is 208.936, based on 1982-1984 = 100 as a
reference base). Rounding off to the nearest dollar, the royalty rate
for the use of musical compositions in each of the repertoires of ASCAP
and BMI is $287.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television, Rates.
Final Regulations
0
For the reasons set forth in the preamble, the Copyright Royalty Judges
are adding Part 381 to Chapter III of title 37 of the Code of Federal
Regulations to read as follows:
PART 381--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING
Sec.
381.1 General.
381.2 Definition of public broadcasting entity.
381.3 [Reserved]
381.4 Performance of musical compositions by PBS, NPR, and other
public broadcasting entities engaged in the activities set forth in
17 U.S.C. 118(c).
381.5 Performance of musical compositions by public broadcasting
entities licensed to colleges and universities.
381.6 Performance of musical compositions by other public
broadcasting entities.
381.7 Recording rights, rates and terms.
381.8 Terms and rates of royalty payments for the use of published
pictorial, graphic, and sculptural works.
381.9 Unknown copyright owners.
381.10 Cost of living adjustment.
381.11 Notice of restrictions on use of reproductions of
transmission programs.
Authority: 17 U.S.C. 118, 801(b)(1) and 803.
Sec. 381.1 General.
This part establishes terms and rates of royalty payments for
certain activities using published nondramatic musical works and
published pictorial, graphic and sculptural works during a period
beginning on January 1, 2008, and ending on December 31, 2012. Upon
compliance with 17 U.S.C. 118, and the terms and rates of this part, a
public broadcasting entity may engage in the activities with respect to
such works set forth in 17 U.S.C. 118(c).
Sec. 381.2 Definition of public broadcasting entity.
As used in this part, the term public broadcasting entity means a
noncommercial educational broadcast station as defined in section 397
of title 47 and any nonprofit institution or organization engaged in
the activities described in 17 U.S.C. 118(c).
Sec. 381.3 [Reserved]
Sec. 381.4 Performance of musical compositions by PBS, NPR and other
public broadcasting entities engaged in the activities set forth in 17
U.S.C. 118(c).
The following schedule of rates and terms shall apply to the
performance by PBS, NPR and other public broadcasting entities engaged
in activities set forth in 17 U.S.C. 118(c) of copyrighted published
nondramatic musical compositions, except for public broadcasting
entities covered by Sec. Sec. 381.5 and 381.6, and except for
compositions which are the subject of voluntary license agreements.
(a) Determination of royalty rate. (1) For performance of
such work in a feature presentation of PBS:
2008-2012.............................................. $227.58
(2) For performance of such a work as background or theme
music in a PBS program:
2008-2012.............................................. $57.66
(3) For performance of such a work in a feature
presentation of a station of PBS:
2008-2012.............................................. $19.45
(4) For performance of such a work as background or theme
music in a program of a station of PBS:
2008-2012.............................................. $4.10
(5) For the performance of such a work in a feature
presentation of NPR:
[[Page 67648]]
2008-2012.............................................. $23.07
(6) For the performance of such a work as background or
theme music in an NPR program:
2008-2012.............................................. $5.59
(7) For the performance of such a work in a feature
presentation of a station of NPR:
2008-2012.................................................. $1.63
(8) For the performance of such a work as background or
theme music in a program of a station of NPR:
2008-2012.............................................. $.58
(9) For purposes of this schedule the rate for the performance of
theme music in an entire series shall be double the single program
theme rate.
(10) In the event the work is first performed in a program of a
station of PBS or NPR, and such program is subsequently distributed by
PBS or NPR, an additional royalty payment shall be made equal to the
difference between the rate specified in this section for a program of
a station of PBS or NPR, respectively, and the rate specified in this
section for a PBS or NPR program, respectively.
(b) Payment of royalty rate. The required royalty rate shall be
paid to each known copyright owner not later than July 31 of each
calendar year for uses during the first six months of that calendar
year, and not later than January 31 for uses during the last six months
of the preceding calendar year.
(c) Records of use. PBS and NPR shall, upon the request of a
copyright owner of a published musical work who believes a musical
composition of such owner has been performed under the terms of this
schedule, permit such copyright owner a reasonable opportunity to
examine their standard cue sheets listing the nondramatic performances
of musical compositions on PBS and NPR programs. Any local PBS and NPR
station that shall be required by the provisions of any voluntary
license agreement with ASCAP, BMI or SESAC covering the license period
January 1, 2008, to December 31, 2012, to provide a music use report
shall, upon request of a copyright owner who believes a musical
composition of such owner has been performed under the terms of this
schedule, permit such copyright owner to examine the report.
(d) Terms of use. The fees provided in this schedule for the
performance of a musical work in a program shall cover performances of
such work in such program for a period of four years following the
first performance.
Sec. 381.5 Performance of musical compositions by public broadcasting
entities licensed to colleges and universities.
(a) Scope. This section applies to the performance of copyrighted
published nondramatic musical compositions by noncommercial radio
stations which are licensed to accredited colleges, accredited
universities, or other accredited nonprofit educational institutions
and which are not affiliated with National Public Radio. For purposes
of this section, accreditation of institutions providing post-secondary
education shall be determined by a regional or national accrediting
agency recognized by the Council for Higher Education Accreditation or
the United States Department of Education; and accreditation of
institutions providing elementary or secondary education shall be as
recognized by the applicable state licensing authority.
(b) Voluntary license agreements. Notwithstanding the schedule of
rates and terms established in this section, the rates and terms of any
license agreements entered into by copyright owners and colleges,
universities, and other nonprofit educational institutions concerning
the performance of copyrighted musical compositions, including
performances by noncommercial radio stations, shall apply in lieu of
the rates and terms of this section.
(c) Royalty rate. A public broadcasting entity within the scope of
this section may perform published nondramatic musical compositions
subject to the following schedule of royalty rates:
(1) For all such compositions in the repertory of ASCAP, $287
annually.
(2) For all such compositions in the repertory of BMI, $287
annually.
(3) For all such compositions in the repertory of SESAC, $116
annually.
(4) For the performance of any other such compositions: $1.
(d) Payment of royalty rate. The public broadcasting entity shall
pay the required royalty rate to ASCAP, BMI and SESAC not later than
January 31 of each year.
(e) Records of use. A public broadcasting entity subject to this
section shall furnish to ASCAP, BMI and SESAC, upon request, a music-
use report during one week of each calendar year. ASCAP, BMI and SESAC
shall not in any one calendar year request more than 10 stations to
furnish such reports.
Sec. 381.6 Performance of musical compositions by other public
broadcasting entities.
(a) Scope. This section applies to the performance of copyrighted
published nondramatic musical compositions by radio stations not
licensed to colleges, universities, or other nonprofit educational
institutions and which are not affiliated with NPR. In the event that a
station owned by a public broadcasting entity broadcasts programming by
means of an in-band, on-channel (``IBOC'') digital radio signal and
such programming is different than the station's analog broadcast
programming, then any such programming shall be deemed to be provided
by a separate station requiring a separate royalty payment.
(b) Voluntary license agreements. Notwithstanding the schedule of
rates and terms established in this section, the rates and terms of any
license agreements entered into by copyright owners and noncommercial
radio stations within the scope of this section concerning the
performance of copyrighted musical compositions, including performances
by noncommercial radio stations, shall apply in lieu of the rates and
terms of this section.
(c) Royalty rate. A public broadcasting entity within the scope of
this section may perform published nondramatic musical compositions
subject to the following schedule of royalty rates:
(1) For all such compositions in the repertory of ASCAP, the
royalty rates shall be as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Population count 2008 2009 2010 2011 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level 1..................................... 0-249,999................................ $ 550 $ 567 $ 583 $ 601 $ 619
Level 2..................................... 250,000-499,999.......................... 1,000 1,030 1,061 1,093 1,126
Level 3..................................... 500,000-999,999.......................... 1,500 1,545 1,591 1,639 1,688
Level 4..................................... 1,000,000-1,499,999...................... 2,000 2,060 2,122 2,185 2,251
Level 5..................................... 1,500,000-1,999,999...................... 2,500 2,575 2,652 2,732 2,814
Level 6..................................... 2,000,000-2,499,999...................... 3,000 3,090 3,183 3,278 3,377
Level 7..................................... 2,500,000-2,999,999...................... 3,500 3,605 3,713 3,825 3,939
Level 8..................................... 3,000,000 and above...................... 5,000 5,150 5,305 5,464 5,628
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 67649]]
(2) For all such compositions in the repertory of BMI, the royalty
rates shall be as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Population count 2008 2009 2010 2011 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level 1..................................... 0-249,999................................ $ 550 $ 567 $ 583 $ 601 $ 619
Level 2..................................... 250,000-499,999.......................... 1,000 1,030 1,061 1,093 1,126
Level 3..................................... 500,000-999,999.......................... 1,500 1,545 1,591 1,639 1,688
Level 4..................................... 1,000,000-1,499,999...................... 2,000 2,060 2,122 2,185 2,251
Level 5..................................... 1,500,000-1,999,999...................... 2,500 2,575 2,652 2,732 2,814
Level 6..................................... 2,000,000-2,499,999...................... 3,000 3,090 3,183 3,278 3,377
Level 7..................................... 2,500,000-2,999,999...................... 3,500 3,605 3,713 3,825 3,939
Level 8..................................... 3,000,000 and above...................... 5,000 5,150 5,305 5,464 5,628
--------------------------------------------------------------------------------------------------------------------------------------------------------
(3) For all such compositions in the repertory of SESAC, the
royalty rates shall be as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Population count 2008 2009 2010 2011 2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
Level 1..................................... 0-249,999................................ $ 120 $ 124 $ 127 $ 131 $ 135
Level 2..................................... 250,000-499,999.......................... 200 206 212 219 225
Level 3..................................... 500,000-999,999.......................... 300 309 318 328 338
Level 4..................................... 1,000,000-1,499,999...................... 400 412 424 437 450
Level 5..................................... 1,500,000-1,999,999...................... 500 515 530 546 563
Level 6..................................... 2,000,000-2,499,999...................... 600 618 637 656 675
Level 7..................................... 2,500,000-2,999,999...................... 700 721 743 765 788
Level 8..................................... 3,000,000 and above...................... 1,000 1,030 1,061 1,093 1,126
--------------------------------------------------------------------------------------------------------------------------------------------------------
(4) For the performance of any other such compositions, in 2008
through 2012, $1.
(d) Payment of royalty rate. The public broadcasting entity shall
pay the required royalty rate to ASCAP, BMI and SESAC not later than
January 31 of each year. Each annual payment shall be accompanied by a
signed declaration stating the Population Count of the public
broadcasting entity and the source for such Population Count. An exact
copy of such declaration shall be furnished to each of ASCAP, BMI and
SESAC. Upon prior written notice thereof from ASCAP, BMI or SESAC, a
public broadcasting entity shall make its books and records relating to
its Population Count available for inspection.
(e) Records of use. A public broadcasting entity subject to this
section shall furnish to ASCAP, BMI and SESAC, upon request, a music-
use report during one week of each calendar year. ASCAP, BMI and SESAC
each shall not in any one calendar year request more than 10 stations
to furnish such reports.
(f) Definitions. As used in paragraphs (c) and (d) of this section,
the following terms and their variant forms mean the following:
(1) Population Count. The combination of:
(i) The number of persons estimated to reside within a stations
Predicted 60 dBu Contour, based on the most recent available census
data; and
(ii) The nonduplicative number of persons estimated to reside in
the Predicted 60 dBu Contour of any Translator Station or Booster
Station that extends a public broadcasting entity's signal beyond the
contours of a station's Predicted 60 dBu Contour.
(iii) In determining Population Count, a station or a Translator
Station or a Booster Station may use and report the total population
data, from a research company generally recognized in the broadcasting
industry, for the radio market within which the station's community
license is located.
(2) Predicted 60 dBu Contour shall be calculated as set forth in 47
CFR 73.313.
(3) Translator Station and Booster Station shall have the same
meanings as set forth in 47 CFR 74.1201.
Sec. 381.7 Recording rights, rates and terms.
(a) Scope. This section establishes rates and terms for the
recording of nondramatic performances and displays of musical works,
other than compositions subject to voluntary license agreements, on and
for the radio and television programs of public broadcasting entities,
whether or not in synchronization or timed relationship with the visual
or aural content, and for the making, reproduction, and distribution of
copies and phonorecords of public broadcasting programs containing such
nondramatic performances and displays of musical works solely for the
purpose of transmission by public broadcasting entities. The rates and
terms established in this schedule include the making of the
reproductions described in 17 U.S.C. 118(c)(3).
(b) Royalty rate. (1)(i) For uses described in paragraph (a) of
this section of a musical work in a PBS-distributed program, the
royalty fees shall be calculated by multiplying the following per-
composition rates by the number of different compositions in that PBS-
distributed program:
------------------------------------------------------------------------
2008-2012
------------------------------------------------------------------------
(A) Feature............................................. $114.09
(B) Concert feature (per minute)........................ 34.26
(C) Background.......................................... 57.66
(D) Theme:
(1) Single program or first series program.......... 57.66
[[Page 67650]]
(2) Other series program............................ 23.41
------------------------------------------------------------------------
(ii) For such uses other than in a PBS-distributed television
program, the royalty fee shall be calculated by multiplying the
following per-composition rates by the number of different compositions
in that program:
------------------------------------------------------------------------
2008-2012
------------------------------------------------------------------------
(A) Feature............................................. $9.43
(B) Concert feature (per minute)........................ 2.48
(C) Background.......................................... 4.10
(D) Theme:
(1) Single program or first series of program....... 4.10
(2) Other series program............................ 1.63
------------------------------------------------------------------------
(iii) In the event the work is first recorded other than in a PBS-
distributed program, and such program is subsequently distributed by
PBS, an additional royalty payment shall be made equal to the
difference between the rate specified in this section for other than a
PBS-distributed program and the rate specified in this section for a
PBS-distributed program.
(2) For uses licensed herein of a musical work in a NPR program,
the royalty fees shall be calculated by multiplying the following per-
composition rates by the number of different compositions in any NPR
program distributed by NPR. For purposes of this schedule ``National
Public Radio'' programs include all programs produced in whole or in
part by NPR, or by any NPR station or organization under contract with
NPR.
------------------------------------------------------------------------
2008-2012
------------------------------------------------------------------------
(i) Feature............................................. $12.35
(ii) Concert feature (per minute)....................... 18.13
(iii) Background........................................ 6.19
(iv) Theme:
(A) Single program or first series program.......... 6.19
(B) Other series program............................ 2.47
------------------------------------------------------------------------
(3) For purposes of this schedule, a ``Concert Feature'' shall be
deemed to be the nondramatic presentation in a program of all or part
of a symphony, concerto, or other serious work originally written for
concert performance, or the nondramatic presentation in a program of
portions of a serious work originally written for opera performance.
(4) For such uses other than in an NPR-produced radio program:
------------------------------------------------------------------------
2008-2012
------------------------------------------------------------------------
(i) Feature............................................. $.79
(ii) Feature (concert) (per half hour).................. 1.65
(iii) Background........................................ .40
------------------------------------------------------------------------
(5) The schedule of fees covers use for a period of three years
following the first use. Succeeding use periods will require the
following additional payment: Additional one-year period--25 percent of
the initial three-year fee; second three-year period--50 percent of the
initial three-year fee; each three-year fee thereafter--25 percent of
the initial three-year fee; provided that a 100 percent additional
payment prior to the expiration of the first three-year period will
cover use during all subsequent use periods without limitation. Such
succeeding uses which are subsequent to December 31, 2012, shall be
subject to the royalty rates established in this schedule.
(c) Payment of royalty rates. The required royalty rates shall be
paid to each known copyright owner not later than July 31 of each
calendar year for uses during the first six months of that calendar
year, and not later than January 31 for uses during the last six months
of the preceding calendar year.
(d) Records of use--(1) Maintenance of cue sheets. PBS and its
stations, NPR, or other public broadcasting entities shall maintain and
make available for examination pursuant to paragraph (e) of this
section copies of their standard cue sheets or summaries of same
listing the recording of the musical works of such copyright owners.
(2) Content of cue sheets or summaries. Such cue sheets or
summaries shall include:
(i) The title, composer and author to the extent such information
is reasonably obtainable.
(ii) The type of use and manner of performance thereof in each
case.
(iii) For Concert Feature music, the actual recorded time period on
the program, plus all distribution and broadcast information available
to the public broadcasting entity.
(e) Filing of use reports with the Copyright Royalty Judges.
Deposit of cue sheets or summaries. PBS and its stations, NPR, or other
television public broadcasting entity shall deposit with the Copyright
Royalty Judges one electronic copy in Portable Document Format (PDF) on
compact disk (an optical data storage medium such as a CD-ROM, CD-R or
CD-RW) or floppy
[[Page 67651]]
diskette of their standard music cue sheets or summaries of same
listing the recording pursuant to this schedule of the musical works of
copyright owners. Such cue sheets or summaries shall be deposited not
later than July 31 of each calendar year for recordings during the
first six months of the calendar year and not later than January 31 of
each calendar year for recordings during the second six months of the
preceding calendar year. PBS and NPR shall maintain at their offices
copies of all standard music cue sheets from which such music use
reports are prepared. Such music cue sheets shall be furnished to the
Copyright Royalty Judges upon their request and also shall be available
during regular business hours at the offices of PBS or NPR for
examination by a copyright owner who believes a musical composition of
such owner has been recorded pursuant to this schedule.
Sec. 381.8 Terms and rates of royalty payments for the use of
published pictorial, graphic, and sculptural works.
(a) Scope. This section establishes rates and terms for the use of
published pictorial, graphic, and sculptural works by public
broadcasting entities for the activities described in 17 U.S.C. 118.
The rates and terms established in this schedule include the making of
the reproductions described in 17 U.S.C. 118(c).
(b) Royalty rate. (1) The following schedule of rates shall apply
to the use of works within the scope of this section:
(i) For such uses in a PBS-distributed program:
------------------------------------------------------------------------
2008-2012
------------------------------------------------------------------------
(A) For featured display of a work...................... $69.70
(B) For background and montage display.................. 33.99
(C) For use of a work for program identification or for 137.40
thematic use...........................................
(D) For the display of an art reproduction copyrighted 45.14
separately from the work of fine art from which the
work was reproduced irrespective of whether the
reproduced work of fine art is copyrighted so as to be
subject also to payment of a display fee under the
terms of the schedule..................................
------------------------------------------------------------------------
(ii) For such uses in other than PBS-distributed programs:
------------------------------------------------------------------------
2008-2012
------------------------------------------------------------------------
(A) For featured display of a work...................... $45.14
(B) For background and montage display.................. 23.13
(C) For use of a work for program identification or for 92.27
thematic use...........................................
(D) For the display of an art reproduction copyrighted 23.14
separately from the work of fine art from which the
work was reproduced irrespective of whether the
reproduced work of fine art is copyrighted so as to be
subject also to payment of a display fee under the
terms of this schedule.................................
------------------------------------------------------------------------
(2) For the purposes of the schedule in paragraph (b)(1) of this
section the rate for the thematic use of a work in an entire series
shall be double the single program theme rate. In the event the work is
first used other than in a PBS-distributed program, and such program is
subsequently distributed by PBS, an additional royalty payment shall be
made equal to the difference between the rate specified in this section
for other than a PBS-distributed program and the rate specified in this
section for a PBS-distributed program.
(3) ``Featured display'' for purposes of this schedule means a
full-screen or substantially full-screen display appearing on the
screen for more than three seconds. Any display less than full-screen
or substantially full-screen, or full-screen for three seconds or less,
is deemed to be a ``background or montage display''.
(4) ``Thematic use'' is the utilization of the works of one or more
artists where the works constitute the central theme of the program or
convey a story line.
(5) ``Display of an art reproduction copyrighted separately from
the work of fine art from which the work was reproduced'' means a
transparency or other reproduction of an underlying work of fine art.
(c) Payment of royalty rate. PBS or other public broadcasting
entity shall pay the required royalty fees to each copyright owner not
later than July 31 of each calendar year for uses during the first six
months of that calendar year, and not later than January 31 for uses
during the last six months of the preceding calendar year.
(d) Records of use. (1) PBS and its stations or other public
broadcasting entity shall maintain and furnish either to copyright
owners, or to the offices of generally recognized organizations
representing the copyright owners of pictorial, graphic and sculptural
works, copies of their standard lists containing the pictorial,
graphic, and sculptural works displayed on their programs. Such notice
shall include the name of the copyright owner, if known, the specific
source from which the work was taken, a description of the work used,
the title of the program on which the work was used, and the date of
the original broadcast of the program.
(2) Such listings shall be furnished not later than July 31 of each
calendar year for displays during the first six months of the calendar
year, and not later than January 31 of each calendar year for displays
during the second six months of the preceding calendar year.
(e) Filing of use reports with the Copyright Royalty Judges. (1)
PBS and its stations or other public broadcasting entity shall deposit
with the Copyright Royalty Judges one electronic copy in Portable
Document Format (PDF) on compact disk (an optical data storage medium
such as a CD-ROM, CD-R or CD-RW) or floppy diskette of their standard
lists containing the pictorial, graphic, and sculptural works displayed
on their programs. Such notice shall include the name of the copyright
owner, if known, the specific source from which the work was taken, a
description of the work used, the title of the program on which the
work was used, and the date of the original broadcast of the program.
(2) Such listings shall be furnished not later than July 31 of each
calendar year for displays during the first six months of the calendar
year, and not later than January 31 of each calendar
[[Page 67652]]
year for displays during the second six months of the preceding
calendar year.
(f) Terms of use. (1) The rates of this schedule are for unlimited
use for a period of three years from the date of the first use of the
work under this schedule. Succeeding use periods will require the
following additional payment: Additional one-year period--25 percent of
the initial three-year fee; second three-year period--50 percent of the
initial three-year fee; each three-year period thereafter--25 percent
of the initial three-year fee; provided that a 100 percent additional
payment prior to the expiration of the first three-year period will
cover use during all subsequent use periods without limitation. Such
succeeding uses which are subsequent to December 31, 2012, shall be
subject to the rates established in this schedule.
(2) Pursuant to the provisions of 17 U.S.C. 118(e), nothing in this
schedule shall be construed to permit, beyond the limits of fair use as
provided in 17 U.S.C. 107, the production of a transmission program
drawn to any substantial extent from a published compilation of
pictorial, graphic, or sculptural works.
Sec. 381.9 Unknown copyright owners.
If PBS and its stations, NPR and its stations, or other public
broadcasting entity is not aware of the identity of, or unable to
locate, a copyright owner who is entitled to receive a royalty payment
under this part, they shall retain the required fee in a segregated
trust account for a period of three years from the date of the required
payment. No claim to such royalty fees shall be valid after the
expiration of the three-year period. Public broadcasting entities may
establish a joint trust fund for the purposes of this section. Public
broadcasting entities shall make available to the Copyright Royalty
Judges, upon request, information concerning fees deposited in trust
funds.
Sec. 381.10 Cost of living adjustment.
(a) On or before December 1, 2007, the Copyright Royalty Judges
shall publish in the Federal Register 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 December 1, 2006, to the most recent Index published
prior to December 1, 2007. On each December 1 thereafter the Copyright
Royalty Judges shall publish a notice of the change in the cost of
living 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.
(b) On the same date of the notices published pursuant to paragraph
(a) of this section, the Copyright Royalty Judges shall publish in the
Federal Register a revised schedule of rates for Sec. 381.5 which
shall adjust those royalty amounts established in dollar amounts
according to the change in the cost of living determined as provided in
paragraph (a) of this section. Such royalty rates shall be fixed at the
nearest dollar.
(c) The adjusted schedule for rates for Sec. 381.5 shall become
effective thirty days after publication in the Federal Register.
Sec. 381.11 Notice of restrictions on use of reproductions of
transmission programs.
Any public broadcasting entity which, pursuant to 17 U.S.C. 118,
supplies a reproduction of a transmission program to governmental
bodies or nonprofit institutions shall include with each copy of the
reproduction a warning notice stating in substance that the
reproductions may be used for a period of not more than seven days from
the specified date of transmission, that the reproductions must be
destroyed by the user before or at the end of such period, and that a
failure to fully comply with these terms shall subject the body or
institution to the remedies for infringement of copyright.
Dated: November 23, 2007.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E7-23145 Filed 11-29-07; 8:45 am]
BILLING CODE 1410-72-P
