Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments III), 60362-60363 [2018-25458]
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Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations
of the Port Delaware Bay (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Entry into or
transiting within the safety zone is
prohibited unless vessels obtain
permission from the Captain of the Port
via VHF–FM channel 16, or make
satisfactory passing arrangements via
VHF–FM channel 88, with the dredge
NEW YORK or tug INDIAN DAWN per
this section and the Rules of the Road
(33 CFR chapter I, subchapter E).
Vessels requesting to transit shall
contact the dredge NEW YORK or tug
INDIAN DAWN on channel 88 at least
1 hour prior to arrival and at 30 minutes
prior to arrival.
(2) Vessels granted permission to
enter and transit the safety zone must do
so in accordance with any directions or
orders of the Captain of the Port, his
designated representative, dredge NEW
YORK, or tug INDIAN DAWN. No
person or vessel may enter or remain in
a safety zone without permission from
the Captain of the Port, dredge NEW
YORK, or tug INDIAN DAWN.
(3) All vessels must operate at the
minimum safe speed necessary to
maintain steerage and reduce wake.
(4) This section applies to all vessels
that intend to transit through the safety
zone except vessels that are engaged in
the following operations: Enforcement
of laws, service of aids to navigation,
and emergency response.
(d) Enforcement. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of the safety zone by
federal, state, and local agencies.
(e) Enforcement periods. This section
will be enforced continuously from
November 19, 2018 through November
30, 2018, or completion of the
equipment removal, whichever is
sooner.
Dated: November 19, 2018.
S.E. Anderson,
Captain, U.S. Coast Guard Captain of the
Port Delaware Bay.
[FR Doc. 2018–25668 Filed 11–23–18; 8:45 am]
BILLING CODE 9110–04–P
VerDate Sep<11>2014
16:13 Nov 23, 2018
Jkt 247001
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 384
[Docket No. 17–CRB–0001–BER (2019–
2023)]
Determination of Royalty Rates and
Terms for Making Ephemeral Copies of
Sound Recordings for Transmission to
Business Establishments (Business
Establishments III)
Copyright Royalty Board,
Library of Congress.
ACTION: Final rule.
AGENCY:
The Copyright Royalty Judges
(Judges) publish final regulations setting
rates and terms for the making of an
ephemeral recording of a sound
recording by a business establishment
service for the period January 1, 2019,
through December 31, 2023.
DATES: Effective date: January 1, 2019.
ADDRESSES: For access to the docket to
read submitted background documents
go to eCRB, the Copyright Royalty
Board’s electronic filing and case
management system, at https://
app.crb.gov/ and search for docket
number 17–CRB–0001–BER (2019–
2023).
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist,
by telephone at (202) 707–7658 or email
at crb@loc.gov.
SUPPLEMENTARY INFORMATION: In 1995,
Congress enacted the Digital
Performance Right in Sound Recordings
Act, Public Law 104–39, which created
an exclusive right, subject to certain
limitations, for copyright owners of
sound recordings to perform publicly
those sound recordings by means of
certain digital audio transmissions.
Among the limitations on the
performance right was the creation of a
statutory license for nonexempt,
noninteractive digital subscription
transmissions. 17 U.S.C. 114(d).
The scope of the section 114 statutory
license was expanded in 1998 upon the
passage of the Digital Millennium
Copyright Act of 1998 (DMCA), Public
Law 105–34. The DMCA created, inter
alia, a statutory license for the making
of an ‘‘ephemeral recording’’ of a sound
recording by certain transmitting
organizations. 17 U.S.C. 112(e). This
license, among other things, allows
entities that transmit performances of
sound recordings to business
establishments to make an ephemeral
recording of a sound recording for later
transmission, pursuant to the
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Sfmt 4700
limitations set forth in section
114(d)(1)(C)(iv).
Chapter 8 of the Copyright Act
requires the Judges to conduct
proceedings every five years to
determine the royalty rates and terms
for ‘‘the activities described in section
112(e)(1) relating to the limitation on
exclusive rights specified by section
114(d)(1)(C)(iv).’’ 17 U.S.C. 801(b)(1),
804(b)(2). Accordingly, the Judges
published a notice commencing the
current proceeding and requesting that
interested parties submit petitions to
participate. 82 FR 143 (Jan. 3, 2017).
The Judges received Petitions to
Participate from Mood Media
Corporation, Music Choice, David
Powell, David Rahn,1 Rockbot, Inc.,2
Sirius XM Radio Inc., and
SoundExchange, Inc. The Judges
initiated the three-month negotiation
period and directed the participants to
submit written direct statements no later
than May 14, 2018.
On May 4, 2018, the Judges received
a joint Motion to Adopt Settlement from
Mr. Rahn, Mood Media Corp., Music
Choice, Sirius XM Radio Inc., and
SoundExchange, Inc., (Moving Parties)
stating that they had reached a
settlement obviating the need for
written evidentiary statements or a
hearing.3
Section 801(b)(7)(A) of the Copyright
Act authorizes the Judges to adopt
royalty 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 Judges for approval.
The Judges must provide ‘‘an
opportunity to comment on the
agreement’’ to participants and nonparticipants in the rate proceeding who
‘‘would be bound by the terms, rates, or
other determination set by any
1 In his Petition to Participate, Mr. Rahn
identified himself as a shareholder in SBR Creative
Media, Inc. and its subsidiary
CustomerChannels.net, LLC.
2 Rockbot withdrew its Petition to Participate on
January 11, 2018.
3 According to the Motion, David Powell,
although having filed a Petition to Participate, did
not otherwise participate in the proceeding. Motion
at 2. The Moving Parties represent that counsel for
Mood Media attempted unsuccessfully to contact
Mr. Powell to discuss the filing of the Motion. Id.
at 2–3. Mr. Powell also did not respond to the
request for comments on the proposed regulations.
On May 14, 2018, shortly before the proposed
regulations were published, however, Mr. Powell
filed a ‘‘Verified Motion for Enlargement of Time,
and Agreed with Settlement Parties to Adopt
Settlement Ex-Parte,’’ which the Judges accept as a
notice that Mr. Powell does not object to the
settlement. The Judges make no finding with regard
to Mr. Powell’s eligibility to participate in this
proceeding. To the extent Mr. Powell has an interest
in the business establishment services license, he
will be bound by the royalty rates and terms the
Judges adopt.
E:\FR\FM\26NOR1.SGM
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Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations
agreement. . . .’’ 17 U.S.C.
801(b)(7)(A)(i). Participants in the
proceeding may also ‘‘object to [the
agreement’s] adoption as a basis for
statutory terms and rates.’’ Id.
The Judges ‘‘may decline to adopt the
agreement as a basis for statutory terms
and rates for participants that are not
parties to the agreement,’’ only ‘‘if any
participant [in the proceeding] objects to
the agreement and the [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)(ii). Accordingly, on
May 17, 2018, the Judges published a
document requesting comment on the
proposed rates and terms. 83 FR 22907.
The Judges received no timely
comments or objections in response to
the May 17 document.
Having received no opposition to the
proposal and finding that the agreement
among the moving parties provides a
reasonable basis for setting statutory
terms and rates, the Judges, by this
notice, adopt as final regulations the
rates and terms for the making of an
ephemeral recording by a business
establishment service for the period
January 1, 2019, through December 31,
2023.
List of Subjects in 37 CFR Part 384
Copyright, Digital audio
transmissions, Ephemeral recordings,
Performance right, Sound recordings.
Final Regulations
For the reasons set forth in the
preamble, the Judges amend part 384 of
chapter III of title 37 of the Code of
Federal Regulations as follows:
PART 384—RATES AND TERMS FOR
THE MAKING OF EPHEMERAL
RECORDINGS BY BUSINESS
ESTABLISHMENT SERVICES
2. In § 384.1, amend paragraph (a) by
removing ‘‘January 1, 2014, through
December 31, 2018’’ and adding
‘‘January 1, 2019, through December 31,
2023’’ in its place.
■
3. Amend § 384.3 by:
■ a. Revising paragraph (a); and
■ b. In paragraph (b), removing
‘‘$10,000’’ and adding ‘‘$20,000’’ in its
place.
The revision reads as follows:
16:13 Nov 23, 2018
Jkt 247001
2019
2020
2021
2022
2023
..............................................
..............................................
..............................................
..............................................
..............................................
12.5
12.75
13.0
13.25
13.5
(2) ‘‘Gross Proceeds’’ as used in this
section means all fees and payments,
including those made in kind, received
from any source before, during or after
the License Period that are derived from
the use of copyrighted sound recordings
during the License Period pursuant to
17 U.S.C. 112(e) for the sole purpose of
facilitating a transmission to the public
of a performance of a sound recording
under the limitation on exclusive rights
specified in 17 U.S.C. 114(d)(1)(C)(iv).
The attribution of Gross Proceeds to
copyrighted recordings may be made on
the basis of:
(i) For classical programs, the
proportion that the playing time of
copyrighted classical recordings bears to
the total playing time of all classical
recordings in the program; and
(ii) For all other programs, the
proportion that the number of
copyrighted recordings bears to the total
number of all recordings in the program.
*
*
*
*
*
[Amended]
4. In § 384.5, amend paragraph (d)(4)
by removing the second comma before
the word ‘‘subject’’.
[Amended]
VerDate Sep<11>2014
Rate
%
Year
■
Authority: 17 U.S.C. 112(e), 801(b)(1).
■
ENVIRONMENTAL PROTECTION
AGENCY
(a) Basic royalty rate. (1) For the
making of any number of Ephemeral
Recordings in the operation of a
Business Establishment Service, a
Licensee shall pay a royalty equal to the
following percentages of such Licensee’s
‘‘Gross Proceeds’’ derived from the use
in such service of musical programs that
are attributable to copyrighted
recordings:
§ 384.5
1. The authority citation for part 384
continues to read as follows:
■
§ 384.1
§ 384.3 Royalty fees for ephemeral
recordings.
Dated: September 17, 2018.
David R. Strickler,
Copyright Royalty Judge.
Jesse M. Feder,
Copyright Royalty Judge.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2018–25458 Filed 11–23–18; 8:45 am]
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40 CFR Part 52
[EPA–R03–OAR–2017–0598; FRL–9986–76–
Region 3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Regional Haze Five-Year
Progress Report
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving Maryland’s
regional haze progress report, submitted
on August 9, 2017, as a revision to its
State Implementation Plan (SIP).
Maryland’s SIP revision addresses Clean
Air Act (CAA) provisions and EPA
regulations that require each state to
submit periodic reports describing the
State’s progress towards reasonable
progress goals (RPGs) established for
regional haze and to make a
determination of the adequacy of the
State’s existing regional haze SIP. The
EPA is approving Maryland’s
determination that the State’s regional
haze SIP is adequate to meet the RPGs
for the first implementation period.
DATES: This final rule is effective on
December 26, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2017–0598. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information.
FOR FURTHER INFORMATION CONTACT: Erin
Trouba, (215) 814–2023, or by email at
trouba.erin@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Carla D. Hayden,
Librarian of Congress.
BILLING CODE 1410–72–P
60363
Under the Regional Haze Rule, each
state was required to submit to EPA an
implementation plan addressing
regional haze visibility impairment for
the first implementation period through
2018, and then was required to submit
E:\FR\FM\26NOR1.SGM
26NOR1
]]>Agencies
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)]
[Rules and Regulations]
[Pages 60362-60363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25458]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 384
[Docket No. 17-CRB-0001-BER (2019-2023)]
Determination of Royalty Rates and Terms for Making Ephemeral
Copies of Sound Recordings for Transmission to Business Establishments
(Business Establishments III)
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges (Judges) publish final
regulations setting rates and terms for the making of an ephemeral
recording of a sound recording by a business establishment service for
the period January 1, 2019, through December 31, 2023.
DATES: Effective date: January 1, 2019.
ADDRESSES: For access to the docket to read submitted background
documents go to eCRB, the Copyright Royalty Board's electronic filing
and case management system, at https://app.crb.gov/ and search for
docket number 17-CRB-0001-BER (2019-2023).
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
by telephone at (202) 707-7658 or email at [email protected].
SUPPLEMENTARY INFORMATION: In 1995, Congress enacted the Digital
Performance Right in Sound Recordings Act, Public Law 104-39, which
created an exclusive right, subject to certain limitations, for
copyright owners of sound recordings to perform publicly those sound
recordings by means of certain digital audio transmissions. Among the
limitations on the performance right was the creation of a statutory
license for nonexempt, noninteractive digital subscription
transmissions. 17 U.S.C. 114(d).
The scope of the section 114 statutory license was expanded in 1998
upon the passage of the Digital Millennium Copyright Act of 1998
(DMCA), Public Law 105-34. The DMCA created, inter alia, a statutory
license for the making of an ``ephemeral recording'' of a sound
recording by certain transmitting organizations. 17 U.S.C. 112(e). This
license, among other things, allows entities that transmit performances
of sound recordings to business establishments to make an ephemeral
recording of a sound recording for later transmission, pursuant to the
limitations set forth in section 114(d)(1)(C)(iv).
Chapter 8 of the Copyright Act requires the Judges to conduct
proceedings every five years to determine the royalty rates and terms
for ``the activities described in section 112(e)(1) relating to the
limitation on exclusive rights specified by section 114(d)(1)(C)(iv).''
17 U.S.C. 801(b)(1), 804(b)(2). Accordingly, the Judges published a
notice commencing the current proceeding and requesting that interested
parties submit petitions to participate. 82 FR 143 (Jan. 3, 2017).
The Judges received Petitions to Participate from Mood Media
Corporation, Music Choice, David Powell, David Rahn,\1\ Rockbot,
Inc.,\2\ Sirius XM Radio Inc., and SoundExchange, Inc. The Judges
initiated the three-month negotiation period and directed the
participants to submit written direct statements no later than May 14,
2018.
---------------------------------------------------------------------------
\1\ In his Petition to Participate, Mr. Rahn identified himself
as a shareholder in SBR Creative Media, Inc. and its subsidiary
CustomerChannels.net, LLC.
\2\ Rockbot withdrew its Petition to Participate on January 11,
2018.
---------------------------------------------------------------------------
On May 4, 2018, the Judges received a joint Motion to Adopt
Settlement from Mr. Rahn, Mood Media Corp., Music Choice, Sirius XM
Radio Inc., and SoundExchange, Inc., (Moving Parties) stating that they
had reached a settlement obviating the need for written evidentiary
statements or a hearing.\3\
---------------------------------------------------------------------------
\3\ According to the Motion, David Powell, although having filed
a Petition to Participate, did not otherwise participate in the
proceeding. Motion at 2. The Moving Parties represent that counsel
for Mood Media attempted unsuccessfully to contact Mr. Powell to
discuss the filing of the Motion. Id. at 2-3. Mr. Powell also did
not respond to the request for comments on the proposed regulations.
On May 14, 2018, shortly before the proposed regulations were
published, however, Mr. Powell filed a ``Verified Motion for
Enlargement of Time, and Agreed with Settlement Parties to Adopt
Settlement Ex-Parte,'' which the Judges accept as a notice that Mr.
Powell does not object to the settlement. The Judges make no finding
with regard to Mr. Powell's eligibility to participate in this
proceeding. To the extent Mr. Powell has an interest in the business
establishment services license, he will be bound by the royalty
rates and terms the Judges adopt.
---------------------------------------------------------------------------
Section 801(b)(7)(A) of the Copyright Act authorizes the Judges to
adopt royalty 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 Judges for approval. The Judges must
provide ``an opportunity to comment on the agreement'' to participants
and non-participants in the rate proceeding who ``would be bound by the
terms, rates, or other determination set by any
[[Page 60363]]
agreement. . . .'' 17 U.S.C. 801(b)(7)(A)(i). Participants in the
proceeding may also ``object to [the agreement's] adoption as a basis
for statutory terms and rates.'' Id.
The Judges ``may decline to adopt the agreement as a basis for
statutory terms and rates for participants that are not parties to the
agreement,'' only ``if any participant [in the proceeding] objects to
the agreement and the [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)(ii). Accordingly, on May 17, 2018, the Judges published a
document requesting comment on the proposed rates and terms. 83 FR
22907. The Judges received no timely comments or objections in response
to the May 17 document.
Having received no opposition to the proposal and finding that the
agreement among the moving parties provides a reasonable basis for
setting statutory terms and rates, the Judges, by this notice, adopt as
final regulations the rates and terms for the making of an ephemeral
recording by a business establishment service for the period January 1,
2019, through December 31, 2023.
List of Subjects in 37 CFR Part 384
Copyright, Digital audio transmissions, Ephemeral recordings,
Performance right, Sound recordings.
Final Regulations
For the reasons set forth in the preamble, the Judges amend part
384 of chapter III of title 37 of the Code of Federal Regulations as
follows:
PART 384--RATES AND TERMS FOR THE MAKING OF EPHEMERAL RECORDINGS BY
BUSINESS ESTABLISHMENT SERVICES
0
1. The authority citation for part 384 continues to read as follows:
Authority: 17 U.S.C. 112(e), 801(b)(1).
Sec. 384.1 [Amended]
0
2. In Sec. 384.1, amend paragraph (a) by removing ``January 1, 2014,
through December 31, 2018'' and adding ``January 1, 2019, through
December 31, 2023'' in its place.
0
3. Amend Sec. 384.3 by:
0
a. Revising paragraph (a); and
0
b. In paragraph (b), removing ``$10,000'' and adding ``$20,000'' in its
place.
The revision reads as follows:
Sec. 384.3 Royalty fees for ephemeral recordings.
(a) Basic royalty rate. (1) For the making of any number of
Ephemeral Recordings in the operation of a Business Establishment
Service, a Licensee shall pay a royalty equal to the following
percentages of such Licensee's ``Gross Proceeds'' derived from the use
in such service of musical programs that are attributable to
copyrighted recordings:
------------------------------------------------------------------------
Year Rate %
------------------------------------------------------------------------
2019......................................................... 12.5
2020......................................................... 12.75
2021......................................................... 13.0
2022......................................................... 13.25
2023......................................................... 13.5
------------------------------------------------------------------------
(2) ``Gross Proceeds'' as used in this section means all fees and
payments, including those made in kind, received from any source
before, during or after the License Period that are derived from the
use of copyrighted sound recordings during the License Period pursuant
to 17 U.S.C. 112(e) for the sole purpose of facilitating a transmission
to the public of a performance of a sound recording under the
limitation on exclusive rights specified in 17 U.S.C. 114(d)(1)(C)(iv).
The attribution of Gross Proceeds to copyrighted recordings may be made
on the basis of:
(i) For classical programs, the proportion that the playing time of
copyrighted classical recordings bears to the total playing time of all
classical recordings in the program; and
(ii) For all other programs, the proportion that the number of
copyrighted recordings bears to the total number of all recordings in
the program.
* * * * *
Sec. 384.5 [Amended]
0
4. In Sec. 384.5, amend paragraph (d)(4) by removing the second comma
before the word ``subject''.
Dated: September 17, 2018.
David R. Strickler,
Copyright Royalty Judge.
Jesse M. Feder,
Copyright Royalty Judge.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2018-25458 Filed 11-23-18; 8:45 am]
BILLING CODE 1410-72-P
