Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service, 14074-14076 [2010-6451]
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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapters 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Pub. L. 107–295, 116 Stat. 2064; Department
of Homeland Security Delegation No. 0170.1
LIBRARY OF CONGRESS
■
2. Add § 165.T13–132 to read as
follows:
[Docket No. 2009–2 CRB New Subscription
II]
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
§ 165.T13–132 Safety Zones; March
Fireworks displays within the Captain of the
Port, Puget Sound Area of Responsibility
(AOR).
Digital Performance Right in Sound
Recordings and Ephemeral
Recordings for a New Subscription
Service
WReier-Aviles on DSKGBLS3C1PROD with RULES
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction. This rule
involves establishing temporary safety
zones. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket where indicated under
ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
(a) Safety Zones. The following areas
are designated safety zones:
(1) Farmer’s 100th Anniversary, Elliot
Bay, WA
(i) Location. All waters in the
proximity of Pier 66, Elliot Bay, WA in
an area extending to a 400 foot radius
from the launch site at 47°36′31.54″ N
122°21′06.00″ W.
(ii) Enforcement time and date. 7 p.m.
to 11:30 p.m. on March 6, 2010.
(2) General Construction Event, Elliot
Bay, WA
(i) Location. All waters in the
proximity of Pier 66, Elliot Bay, WA in
an area extending to a 600 foot radius
from the launch site at 47°36′55.00″ N
122°21′05.80″ W.
(ii) Enforcement time and date. 6 p.m.
to 11:30 p.m. on March 27, 2010.
(b) Regulations. In accordance with
the general regulations in 33 CFR Part
165, Subpart C, no vessel operator may
enter, transit, moor, or anchor within
these safety zones, except for vessels
authorized by the Captain of the Port or
Designated Representative.
(c) Authorization. All vessel operators
who desire to enter the safety zone must
obtain permission from the Captain of
the Port or Designated Representative by
contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the
Coast Guard Sector Seattle Joint Harbor
Operations Center (JHOC) via telephone
at (206) 217–6002.
(d) Effective Period. This rule is
effective from 7 p.m. March 6, 2010
through 12:01 a.m. March 28, 2010
unless canceled sooner by the Captain
of the Port.
Dated: March 5, 2010.
S.E. Englebert,
Captain, U.S. Coast Guard, Captain of the
Port, Puget Sound.
[FR Doc. 2010–6445 Filed 3–23–10; 8:45 am]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
BILLING CODE 9110–04–P
1. The authority citation for part 165
continues to read as follows:
■
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Copyright Royalty Board
37 CFR Part 383
AGENCY: Copyright Royalty Board,
Library of Congress.
ACTION: Final rule.
SUMMARY: The Copyright Royalty Judges
are publishing final regulations setting
the rates and terms for the use of sound
recordings in transmissions made by
new subscription services and for the
making of ephemeral recordings
necessary for the facilitation of such
transmissions for the period
commencing January 1, 2011, and
ending on December 31, 2015.
DATES: These regulations become
effective on January 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by
telephone at (202) 707–7658 or by email at crb@loc.gov.
SUPPLEMENTARY INFORMATION: Section
114(f)(2)(C) of the Copyright Act, title 17
of the United States Code, allows a new
type of eligible nonsubscription service
or a new subscription service on which
sound recordings are performed that is
or is about to become operational to file
a petition with the Copyright Royalty
Judges (‘‘Judges’’) for the purpose of
determining reasonable terms and rates.
17 U.S.C. 114(f)(2)(C). Section 112(e)
allows the making of ephemeral
reproductions for the purpose of
facilitating certain digital audio
transmissions, including those made by
new subscription services. 17 U.S.C.
112(e). Upon receipt of a petition filed
pursuant to section 114(f)(2)(C), the
Judges are required to commence a
proceeding to determine said reasonable
terms and rates. 17 U.S.C.
804(b)(3)(C)(ii). The Judges have
conducted one proceeding pursuant to
these provisions. See 70 FR 72471,
72472 (December 5, 2005) (after receipt
of petition, commencing proceeding to
determine rates and terms for a new
type of subscription service that
‘‘performs sound recordings on digital
audio channels programmed by the
licensee for transmission by a satellite
television distribution service to its
residential customers, where the audio
channels are bundled with television
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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations
channels as part of a ‘basic’ package of
service and not for a separate fee’’). The
parties to that proceeding ultimately
reached an agreement on the rates and
terms for the new subscription service at
issue; and the Judges, after public
comment, adopted the settlement as
final regulations.1 See 72 FR 72253
(December 20, 2007). The current rates
expire on December 31, 2010.
Pursuant to section 803(b)(1)(A)(i)(III)
of the Copyright Act, the Judges
published in the Federal Register a
notice commencing the rate
determination proceeding for the license
period 2011–2015 for the new
subscription service defined in 37 CFR
383.2(h) and requesting interested
parties to submit their petitions to
participate. See 74 FR 319 (January 5,
2009). Petitions to Participate in this
proceeding were received from
SoundExchange, Inc.; Royalty Logic,
LLC (‘‘RLI’’); and Sirius XM Radio, Inc.
(Sirius XM’’).
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
September 29, 2009. On September 22,
2009, the Judges received a joint motion
from all parties to stay the filing of the
written direct statements in light of the
parties reaching a settlement which they
intended to submit to the Judges for
adoption. On September 23, 2009, the
Judges issued an order extending the
deadline for the filing of written direct
statements to October 29, 2009.2
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:
WReier-Aviles on DSKGBLS3C1PROD with RULES
(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 an opportunity to comment on the
agreement and object to its adoption as a
basis for statutory terms and rates; and
1 The new subscription service is defined at 37
CFR 383.2(h).
2 SoundExchange and Sirius XM also moved that
the Judges stay further proceedings until the
settlement process under 17 U.S.C. 801(b)(7)(A) has
been completed. They noted that RLI, the only other
participant to the proceeding but not a signatory to
the settlement, joined the request for stay. The
Judges granted the motion. See Order on Joint
Motion to Stay, Docket No. 2009–2 CRB New
Subscription II (October 28, 2009).
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(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
January 22, 2010, the Judges published
a notice seeking comment on the
proposed rates and terms submitted to
the Judges. 75 FR 3666. Comments were
due by February 22, 2010. Having
received no comments or objections to
the proposed rates and terms, the
Judges, by this notice, are adopting as
final regulations the rates and terms for
the use of sound recordings in
transmissions made by new
subscription services as defined in 37
CFR 383.2(h) and the making of
ephemeral recordings necessary for the
facilitation of such transmissions for the
license period of 2011–2015 as
published on January 22, 2010.
List of Subjects in 37 CFR 383
Copyright, Digital audio
transmissions, Performance right, Sound
recordings.
Final Regulation
For the reasons set forth in the
preamble, the Copyright Royalty Judges
are amending 37 CFR part 383 as
follows:
■
PART 383—RATES AND TERMS FOR
SUBSCRIPTION TRANSMISSIONS AND
THE REPRODUCTION OF EPHEMERAL
RECORDINGS BY NEW
SUBSCRIPTION SERVICES
1. The authority citation for part 383
continues to read as follows:
■
Authority: 17 U.S.C. 112(e), 114, and
801(b)(1).
§ 383.1
[Amended]
2. Amend § 383.1 as follows:
a. In paragraph (a), by removing
‘‘2010’’ and adding in its place ‘‘2015’’;
and
■ b. In paragraph (b), by removing ‘‘112’’
and adding in its place ‘‘112(e)’’.
■
■
§ 383.2
[Amended]
3. Amend § 383.2 as follows:
a. In paragraph (d), by removing
‘‘2010’’ and adding in its place ‘‘2015’’;
and
■ b. In paragraph (e), by removing ‘‘112’’
and adding in its place ‘‘112(e)’’.
■ 4. Amend § 383.3 as follows:
■ a. In paragraph (a) introductory text,
by removing ‘‘112’’ and adding in its
■
■
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14075
place ‘‘112(e)’’ and by adding ‘‘during the
License Period,’’ after ‘‘such
transmissions,’’;
■ b. In paragraph (a)(1)(ii)(E), by
removing ‘‘and’’;
■ c. By adding new paragraphs
(a)(1)(ii)(F) through (J);
■ d. By adding new paragraphs
(a)(2)(ii)(F) through (J);
■ e. In paragraph (b), by removing ‘‘112’’
and adding in its place ‘‘112(e)’’; and
■ f. By adding a new paragraph (c).
The additions to § 383.3 read as
follows:
§ 383.3 Royalty fees for public
performances of sound recordings and the
making of ephemeral recordings.
(a) * * *
(1) * * *
(ii) * * *
(F) 2011: $0.0155
(G) 2012: $0.0159
(H) 2013: $0.0164
(I) 2014: $0.0169
(J) 2015: $0.0174 and
(2) * * *
(ii) * * *
(F) 2011: $0.0258
(G) 2012: $0.0265
(H) 2013: $0.0273
(I) 2014: $0.0281
(J) 2015: $0.0290
*
*
*
*
*
(c) Ephemeral recordings. The royalty
payable under 17 U.S.C. 112(e) for the
making of phonorecords used by the
Licensee solely to facilitate
transmissions during the License Period
for which it pays royalties as and when
provided in this part shall be included
within, and constitute 5% of, such
royalty payments.
■ 5. Revise § 383.4 to read as follows:
§ 383.4 Terms for making payment of
royalty fees.
(a) Terms in general. Subject to the
provisions of this section, terms
governing timing and due dates of
royalty payments to the Collective, late
fees, statements of account, audit and
verification of royalty payments and
distributions, cost of audit and
verification, record retention
requirements, treatment of Licensees’
confidential information, distribution of
royalties by the Collective, unclaimed
funds, designation of the Collective, and
any definitions for applicable terms not
defined herein and not otherwise
inapplicable shall be those adopted by
the Copyright Royalty Judges for
subscription transmissions and the
reproduction of ephemeral recordings
by preexisting satellite digital audio
radio services in 37 CFR part 382,
subpart B of this chapter, for the license
period 2007–2012. For purposes of this
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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations
section, the term ‘‘Collective’’ refers to
the collection and distribution
organization that is designated by the
Copyright Royalty Judges. For the
License Period through 2015, the sole
Collective is SoundExchange, Inc.
(b) Reporting of performances.
Without prejudice to any applicable
notice and recordkeeping provisions,
statements of account shall not require
reports of performances.
(c) Applicable regulations. To the
extent not inconsistent with this part,
all applicable regulations, including
part 370 of this chapter, shall apply to
activities subject to this part.
Dated: March 19, 2010.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010–6451 Filed 3–23–10; 8:45 am]
BILLING CODE 1410–72–P
POSTAL SERVICE
39 CFR Part 111
Express Mail Open and Distribute and
Priority Mail Open and Distribute
Changes and Updates
Postal Service TM.
ACTION: Final rule.
AGENCY:
The Postal Service is revising
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM®) 705.16 to reflect changes and
updates for Express Mail® Open and
Distribute and Priority Mail® Open and
Distribute to improve efficiencies in
processing and to control costs.
DATES: Effective Date: April 5, 2010.
FOR FURTHER INFORMATION CONTACT:
Karen Key, 202–268–7492 or Garry
Rodriguez, 202–268–7281.
SUPPLEMENTARY INFORMATION: On
January 29, 2010, the Postal Service
published a Federal Register proposed
rule (75 FR 4741–4742) inviting
comments on a revision to change the
standards for Express Mail Open and
Distribute and Priority Mail Open and
Distribute shipments, to discontinue the
use of Label 23 and facsimile Tags 190
and 161, and to update the mailing
standards. After reviewing the
comments, and upon further
consideration of the proposed revisions,
the Postal Service adopts the proposed
rule with minor revisions.
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
Comments
The Postal Service received five
comments:
1. One commenter expressed concern
about discontinuing the use of Label 23
and suggested tray boxes to
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accommodate EMM trays. The Postal
Service introduced tray boxes to address
Open and Distribute customers’
concerns on the security of their mail in
a letter tray during processing. The
current tray box sizes were a result of
customer feedback. The decision to
discontinue Label 23 supports our goal
to provide a secure method for Open
and Distribute containers.
2. One commenter recommended
changes to the tray boxes. The Postal
Service has determined that this
suggestion is outside the scope of this
final rule.
3. One commenter questioned
discontinuing the optional use of
facsimile Tag 190. The Postal Service’s
decision to standardize the tags and to
discontinue the optional use of
facsimile Tags 190 and 161 was made to
ensure visibility of the product for
accurate and efficient processing of
Open and Distribute containers. In
response to customer needs, the Postal
Service is investigating the production
of a self-adhesive Tag 190 for DDU
shipments made in USPS®-supplied
Flat Rate Boxes and envelopes.
Customers will be notified of the new
self-adhesive Tag 190 when it becomes
available.
4. One internal commenter brought to
our attention that under authorization,
Open and Distribute containers were
allowed to be presented sealed. This
exception was incorporated into the
final rule.
5. One commenter questioned the 70
pound weight limit. The Postal Service
has determined that this is outside the
scope of this final rule.
Summary
With the introduction of tray boxes,
Label 23, once used to identify lettersize trays, is no longer needed, and the
Postal Service is discontinuing its use.
Customers now have the option to place
their trays in either sacks or Open and
Distribute tray boxes. The Open and
Distribute tray boxes are provided free
of charge by the Postal Service to all
Open and Distribute customers and are
available for both half-size and full-size
trays.
The Postal Service also discontinues
the optional use of facsimile Tags 190
and 161. Customers must use the USPSsupplied tags which are easy to identify.
Additionally, the Postal Service is
updating the mailing standards to reflect
Open and Distribute containers must
not exceed the 70-pound weight limit
and that PS Form 3152, Confirmation
Services Certification, must be
submitted with each mailing. The Postal
Service also updates the mailing
standards to clarify that Open and
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Distribute containers must be presented
unsealed, unless accepted under an
alternate procedure authorized by
Business Mailer Support.
The Postal Service adopts the
following changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM), which is
incorporated by reference in the Code of
Federal Regulations. See 39 CFR 111.1.
List of Subjects in 39 CFR Part 111
Administrative practice and
procedure, Postal Service.
PART 111—[AMENDED]
1. The authority citation for 39 CFR
Part 111 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 414, 416, 3001–3011, 3201–
3219, 3403–3406, 3621, 3622, 3626, 3632,
3633, and 5001.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, Domestic Mail Manual
(DMM) as follows:
*
*
*
*
*
■
700
Special Standards
*
*
*
*
*
705 Advanced Preparation and
Special Postage Payment Systems
*
*
*
*
*
16.0 Express Mail Open and
Distribute and Priority Mail Open and
Distribute
16.1
16.1.1
Prices and Fees
Basis of Price
[Add new second sentence to 16.1.1 to
clarify the maximum weight as follows:]
* * * The maximum weight for each
container is 70 pounds. * * *
*
*
*
*
*
16.1.5
Payment Method
[Revise the third sentence of 16.1.5 to
eliminate Label 23 as follows:]
* * * Priority Mail postage must be
affixed to or hand-stamped on green Tag
161, pink Tag 190, to the Open and
Distribute tray box, or be part of the
address label.
*
*
*
*
*
16.5
Preparation
16.5.1 Containers for Expedited
Transport
Acceptable containers for expedited
transport are as follows:
*
*
*
*
*
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]]>Agencies
[Federal Register Volume 75, Number 56 (Wednesday, March 24, 2010)]
[Rules and Regulations]
[Pages 14074-14076]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6451]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 383
[Docket No. 2009-2 CRB New Subscription II]
Digital Performance Right in Sound Recordings and Ephemeral
Recordings for a New Subscription Service
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges are publishing final regulations
setting the rates and terms for the use of sound recordings in
transmissions made by new subscription services and for the making of
ephemeral recordings necessary for the facilitation of such
transmissions for the period commencing January 1, 2011, and ending on
December 31, 2015.
DATES: These regulations become effective on January 1, 2011.
FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or by
e-mail at crb@loc.gov.
SUPPLEMENTARY INFORMATION: Section 114(f)(2)(C) of the Copyright Act,
title 17 of the United States Code, allows a new type of eligible
nonsubscription service or a new subscription service on which sound
recordings are performed that is or is about to become operational to
file a petition with the Copyright Royalty Judges (``Judges'') for the
purpose of determining reasonable terms and rates. 17 U.S.C.
114(f)(2)(C). Section 112(e) allows the making of ephemeral
reproductions for the purpose of facilitating certain digital audio
transmissions, including those made by new subscription services. 17
U.S.C. 112(e). Upon receipt of a petition filed pursuant to section
114(f)(2)(C), the Judges are required to commence a proceeding to
determine said reasonable terms and rates. 17 U.S.C. 804(b)(3)(C)(ii).
The Judges have conducted one proceeding pursuant to these provisions.
See 70 FR 72471, 72472 (December 5, 2005) (after receipt of petition,
commencing proceeding to determine rates and terms for a new type of
subscription service that ``performs sound recordings on digital audio
channels programmed by the licensee for transmission by a satellite
television distribution service to its residential customers, where the
audio channels are bundled with television
[[Page 14075]]
channels as part of a `basic' package of service and not for a separate
fee''). The parties to that proceeding ultimately reached an agreement
on the rates and terms for the new subscription service at issue; and
the Judges, after public comment, adopted the settlement as final
regulations.\1\ See 72 FR 72253 (December 20, 2007). The current rates
expire on December 31, 2010.
---------------------------------------------------------------------------
\1\ The new subscription service is defined at 37 CFR 383.2(h).
---------------------------------------------------------------------------
Pursuant to section 803(b)(1)(A)(i)(III) of the Copyright Act, the
Judges published in the Federal Register a notice commencing the rate
determination proceeding for the license period 2011-2015 for the new
subscription service defined in 37 CFR 383.2(h) and requesting
interested parties to submit their petitions to participate. See 74 FR
319 (January 5, 2009). Petitions to Participate in this proceeding were
received from SoundExchange, Inc.; Royalty Logic, LLC (``RLI''); and
Sirius XM Radio, Inc. (Sirius XM'').
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 September 29,
2009. On September 22, 2009, the Judges received a joint motion from
all parties to stay the filing of the written direct statements in
light of the parties reaching a settlement which they intended to
submit to the Judges for adoption. On September 23, 2009, the Judges
issued an order extending the deadline for the filing of written direct
statements to October 29, 2009.\2\
---------------------------------------------------------------------------
\2\ SoundExchange and Sirius XM also moved that the Judges stay
further proceedings until the settlement process under 17 U.S.C.
801(b)(7)(A) has been completed. They noted that RLI, the only other
participant to the proceeding but not a signatory to the settlement,
joined the request for stay. The Judges granted the motion. See
Order on Joint Motion to Stay, Docket No. 2009-2 CRB New
Subscription II (October 28, 2009).
---------------------------------------------------------------------------
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 an opportunity 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 January 22, 2010, the Judges
published a notice seeking comment on the proposed rates and terms
submitted to the Judges. 75 FR 3666. Comments were due by February 22,
2010. Having received no comments or objections to the proposed rates
and terms, the Judges, by this notice, are adopting as final
regulations the rates and terms for the use of sound recordings in
transmissions made by new subscription services as defined in 37 CFR
383.2(h) and the making of ephemeral recordings necessary for the
facilitation of such transmissions for the license period of 2011-2015
as published on January 22, 2010.
List of Subjects in 37 CFR 383
Copyright, Digital audio transmissions, Performance right, Sound
recordings.
Final Regulation
0
For the reasons set forth in the preamble, the Copyright Royalty Judges
are amending 37 CFR part 383 as follows:
PART 383--RATES AND TERMS FOR SUBSCRIPTION TRANSMISSIONS AND THE
REPRODUCTION OF EPHEMERAL RECORDINGS BY NEW SUBSCRIPTION SERVICES
0
1. The authority citation for part 383 continues to read as follows:
Authority: 17 U.S.C. 112(e), 114, and 801(b)(1).
Sec. 383.1 [Amended]
0
2. Amend Sec. 383.1 as follows:
0
a. In paragraph (a), by removing ``2010'' and adding in its place
``2015''; and
0
b. In paragraph (b), by removing ``112'' and adding in its place
``112(e)''.
Sec. 383.2 [Amended]
0
3. Amend Sec. 383.2 as follows:
0
a. In paragraph (d), by removing ``2010'' and adding in its place
``2015''; and
0
b. In paragraph (e), by removing ``112'' and adding in its place
``112(e)''.
0
4. Amend Sec. 383.3 as follows:
0
a. In paragraph (a) introductory text, by removing ``112'' and adding
in its place ``112(e)'' and by adding ``during the License Period,''
after ``such transmissions,'';
0
b. In paragraph (a)(1)(ii)(E), by removing ``and'';
0
c. By adding new paragraphs (a)(1)(ii)(F) through (J);
0
d. By adding new paragraphs (a)(2)(ii)(F) through (J);
0
e. In paragraph (b), by removing ``112'' and adding in its place
``112(e)''; and
0
f. By adding a new paragraph (c).
The additions to Sec. 383.3 read as follows:
Sec. 383.3 Royalty fees for public performances of sound recordings
and the making of ephemeral recordings.
(a) * * *
(1) * * *
(ii) * * *
(F) 2011: $0.0155
(G) 2012: $0.0159
(H) 2013: $0.0164
(I) 2014: $0.0169
(J) 2015: $0.0174 and
(2) * * *
(ii) * * *
(F) 2011: $0.0258
(G) 2012: $0.0265
(H) 2013: $0.0273
(I) 2014: $0.0281
(J) 2015: $0.0290
* * * * *
(c) Ephemeral recordings. The royalty payable under 17 U.S.C.
112(e) for the making of phonorecords used by the Licensee solely to
facilitate transmissions during the License Period for which it pays
royalties as and when provided in this part shall be included within,
and constitute 5% of, such royalty payments.
0
5. Revise Sec. 383.4 to read as follows:
Sec. 383.4 Terms for making payment of royalty fees.
(a) Terms in general. Subject to the provisions of this section,
terms governing timing and due dates of royalty payments to the
Collective, late fees, statements of account, audit and verification of
royalty payments and distributions, cost of audit and verification,
record retention requirements, treatment of Licensees' confidential
information, distribution of royalties by the Collective, unclaimed
funds, designation of the Collective, and any definitions for
applicable terms not defined herein and not otherwise inapplicable
shall be those adopted by the Copyright Royalty Judges for subscription
transmissions and the reproduction of ephemeral recordings by
preexisting satellite digital audio radio services in 37 CFR part 382,
subpart B of this chapter, for the license period 2007-2012. For
purposes of this
[[Page 14076]]
section, the term ``Collective'' refers to the collection and
distribution organization that is designated by the Copyright Royalty
Judges. For the License Period through 2015, the sole Collective is
SoundExchange, Inc.
(b) Reporting of performances. Without prejudice to any applicable
notice and recordkeeping provisions, statements of account shall not
require reports of performances.
(c) Applicable regulations. To the extent not inconsistent with
this part, all applicable regulations, including part 370 of this
chapter, shall apply to activities subject to this part.
Dated: March 19, 2010.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010-6451 Filed 3-23-10; 8:45 am]
BILLING CODE 1410-72-P
