Notices of Intention and Statements of Account Under Compulsory License To Make and Distribute Phonorecords of Musical Works, 10685-10687 [2019-05548]
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Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Rules and Regulations
the Office’s website or the form itself.
The Office may reject any submission
that fails to comply with these
requirements.
(d) Amendment or supplementation.
A rights owner (or her authorized agent)
may amend or supplement information
regarding a pre-1972 sound recording
included in a schedule filed under
paragraph (c) of this section by or on
behalf of the same rights owner.
Information may be corrected if it was
incorrect at the time the pre-1972
schedule was submitted to the Office, or
supplemented to include information
that was omitted at the time the
schedule was submitted to the Office.
For each recording included in a
schedule filed under this paragraph,
where the information specified in
paragraph (f)(1) of this section does not
change from the previously-filed
schedule, the date the previously-filed
schedule was indexed into the Office’s
public records remains operative for
purposes of 17 U.S.C. 1401(f)(5)(A)(i)(II).
(e) Removal of record. A rights owner
(or her authorized agent) may remove
information regarding a pre-1972 sound
recording from the Office’s database of
schedules if the sound recording was
included in a schedule filed under
paragraph (c) of this section by or on
behalf of the same rights owner, using
an appropriate form provided by the
Copyright Office on its website and
following the instructions for
completion and submission provided on
the Office’s website or the form itself.
Removal may be made if there was a
substantive defect in the pre-1972
schedule regarding the specific sound
recording at the time the schedule was
submitted to the Office, or, upon a
showing of good cause, at the discretion
of the Copyright Office. Once a pre-1972
sound recording has been removed from
the Office’s database of schedules of
pre-1972 sound recordings, the sound
recording is no longer considered
indexed into the Office’s records.
(f) Content. A schedule of pre-1972
sound recordings filed under paragraphs
(c) or (d) of this section shall contain the
following:
(1) For each sound recording listed,
the right’s owner name, sound recording
title, and featured artist(s);
(2) If known and practicable, for each
sound recording listed, the International
Standard Recording Code (‘‘ISRC’’);
(3) A certification that the individual
submitting the schedule of pre-1972
sound recordings has appropriate
authority to submit the schedule and
that all information submitted to the
Office is true, accurate, and complete to
the best of the individual’s knowledge,
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Jkt 247001
information, and belief, and is made in
good faith; and
(4) For each sound recording listed,
the rights owner may opt to include
additional information as permitted and
in the format specified by the Office’s
form or instructions, such as the
alternate title, alternate artist name(s),
album, version, label, or publication
date.
*
*
*
*
*
(h) Legal sufficiency of schedules. The
Copyright Office does not review
schedules submitted under paragraphs
(c) or (d) of this section for legal
sufficiency, interpret their content, or
screen them for errors or discrepancies.
The Office’s review is limited to
whether the procedural requirements
established by the Office (including
payment of the proper filing fee) have
been met. Rights owners are therefore
cautioned to review and scrutinize
schedules to assure their legal
sufficiency before submitting them to
the Office.
*
*
*
*
*
(l) Recordation of transfers. The
conditions prescribed in § 201.4 of this
chapter for recordation of transfers of
copyright ownership are applicable to
the recordation of documents relating to
the transfer of ownership of pre-1972
sound recordings under 17 U.S.C.
chapter 14.
*
*
*
*
*
5. Amend § 201.36 as follows:
a. Redesignate paragraph (e) as
paragraph (f).
■ b. Add paragraph (e) to read as
follows:
■
■
§ 201.36 Notices of contact information for
transmitting entities publicly performing
pre-1972 sound recordings.
*
*
*
*
*
(e) Filing Date. The date of filing of a
notice of contact information pursuant
to this section is the date when a proper
submission, including the prescribed
fee, is received in the Copyright Office.
*
*
*
*
*
Dated: March 11, 2019.
Karyn A. Temple,
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
10685
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Parts 201, 203, and 210
[Docket No. 2018–10]
Notices of Intention and Statements of
Account Under Compulsory License
To Make and Distribute Phonorecords
of Musical Works
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The U.S. Copyright Office is
issuing final regulations pursuant to the
Musical Works Modernization Act, title
I of the Orrin G. Hatch–Bob Goodlatte
Music Modernization Act. This rule
adopts previously issued interim
regulations as final. The interim rule
amended the Office’s prior regulations
pertaining to the compulsory license to
make and distribute phonorecords of
musical works so as to conform the
prior regulations to the new law,
including with respect to the operation
of notices of intention and statements of
account. In addition to adopting the
interim rule as final, this final rule
makes further technical changes to
update cross-references to regulations
that were recently amended by the
Copyright Royalty Judges.
DATES: Effective March 22, 2019.
FOR FURTHER INFORMATION CONTACT:
Regan A. Smith, General Counsel and
Associate Register of Copyrights, by
email at regans@copyright.gov, Steve
Ruwe, Assistant General Counsel, by
email at sruwe@copyright.gov, or Jason
E. Sloan, Assistant General Counsel, by
email at jslo@copyright.gov. Each can be
contacted by telephone by calling (202)
707–8350.
SUPPLEMENTARY INFORMATION: On
October 11, 2018, the president signed
into law the Orrin G. Hatch–Bob
Goodlatte Music Modernization Act
(‘‘MMA’’) which, among other things,
substantially modified the compulsory
‘‘mechanical’’ license for making and
distributing phonorecords of
nondramatic musical works available
under 17 U.S.C. 115.1 On December 7,
2018, the Copyright Office published in
the Federal Register an interim rule
amending the Office’s section 115related regulations to harmonize them
with the MMA’s requirements, and to
make other minor technical updates.2
The amendments largely concerned
statements of account and notices of
SUMMARY:
[FR Doc. 2019–05549 Filed 3–21–19; 8:45 am]
1 Public
BILLING CODE 1410–30–P
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2 83
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Law 115–264, 132 Stat. 3676 (2018).
FR 63061 (Dec. 7, 2018).
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Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Rules and Regulations
intention to obtain a compulsory
license. The Office did not receive any
comments from the public in response
to the interim rule. As a result, the
Office is adopting the amendments
promulgated through the interim rule as
final without change.
In addition to adopting the interim
rule as final, the final rule makes further
technical changes to update crossreferences to regulations that were
recently amended by the Copyright
Royalty Judges (‘‘CRJs’’). On February 5,
2019, the CRJs published in the Federal
Register a final determination in In re
Determination of Royalty Rates and
Terms for Making and Distributing
Phonorecords (Phonorecords III), Docket
No. 16–CRB–0003–PR (2018–2022).3
The CRJs’ final determination amended
37 CFR part 385, which contains
regulations setting forth the rates and
terms of royalty payments for use of the
section 115 license. The CRJs’ changes
have rendered obsolete some of the
cross-references to part 385 contained in
the Copyright Office’s regulations
governing statements of account under
the section 115 license, and the final
rule updates the relevant crossreferences.
Because the updates are technical and
non-substantive changes that do not
‘‘alter the rights or interests of parties,’’
they are not subject to the notice and
comment requirements of the
Administrative Procedure Act.4
Furthermore, the Office finds good
cause that providing notice and
comment is ‘‘impracticable’’ and
‘‘contrary to the public interest’’ in this
instance because the CRJs’ new
regulations are already effective, and
delaying removal of the obsolete crossreferences in the Office’s regulations
may cause confusion among those
parties required to serve statements of
account under the compulsory license.5
For these same reasons, the Office finds
it appropriate to make the final rule
effective upon publication.6
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 203
Freedom of information.
37 CFR Part 210
Copyright, Phonorecords, Recordings.
3 84
FR 1918 (Feb. 5, 2019).
Nat’l Mining Ass’n v. McCarthy, 758 F.3d
243, 250 (DC Cir. 2014); 5 U.S.C. 553(b) (notice and
comment not required for ‘‘interpretative rules,
general statements of policy, or rules of agency
organization, procedure, or practice’’).
5 See 5 U.S.C. 553(b).
6 See id. at 553(d).
4 See
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Jkt 247001
Final Regulations
For the reasons set forth above, the
Copyright Office adopts the interim rule
amending 37 CFR parts 201, 203, and
210 which was published at 83 FR
63061 on December 7, 2018, as final
with the following changes:
PART 210—COMPULSORY LICENSE
FOR MAKING AND DISTRIBUTING
PHYSICAL AND DIGITAL
PHONORECORDS OF NONDRAMATIC
MUSICAL WORKS
1. The authority citation for part 210
continues to read as follows:
■
Authority: 17 U.S.C. 115, 702.
§ 210.16
[Amended]
2. Amend § 210.16 as follows:
a. In paragraph (b)(8):
i. In the first sentence, remove
‘‘records of any promotional uses of the
copyright owner’s works that are
required to be maintained or provided
under § 385.14 or § 385.24 of this title,
or other applicable provision, including,
where applicable, records required to be
maintained or provided by any third
parties that were authorized by the
compulsory licensee to engage in
promotional uses during’’ and add in its
place ‘‘records of any promotional or
free trial uses of the copyright owner’s
works that are required to be maintained
or provided under applicable provisions
of part 385 of this title, or any other
provisions, including, where applicable,
records required to be maintained or
provided by any third parties that were
authorized by the compulsory licensee
to engage in such uses during’’.
■ ii. In the second sentence, remove
‘‘subject to the promotional royalty rate
provided in § 385.14 or § 385.24 of this
title, or any similar promotional royalty
rate of zero’’ and add in its place
‘‘subject to any promotional or free trial
royalty rate of zero’’.
■ b. In paragraph (c)(1), remove ‘‘subject
to part 385, subpart A of this title or any
other provisions requiring’’ and add in
its place ‘‘subject to applicable
provisions of part 385 of this title, or
any other provisions, requiring’’.
■ c. In paragraph (c)(2), remove ‘‘subject
to part 385, subparts B or C of this title,
or any other provisions requiring
computation of applicable royalties on a
percentage-rate basis, include a detailed
and step-by-step accounting of the
calculation of royalties under § 385.12,
§ 385.22, or other provisions of part 385
of this title as applicable, sufficient’’
and add in its place ‘‘subject to
applicable provisions of part 385 of this
title, or any other provisions, requiring
computation of applicable royalties on a
■
■
■
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
percentage-rate basis, include a detailed
and step-by-step accounting of the
calculation of royalties under applicable
provisions of part 385 of this title,
sufficient’’.
■ d. In paragraph (d)(2), remove
‘‘subject to part 385, subpart A of this
title, or any other applicable royalties
computed on a’’ and add in its place
‘‘subject to applicable provisions of part
385 of this title, or any other provisions,
requiring computation of applicable
royalties on a’’.
■ e. In paragraph (d)(2)(v), remove ‘‘set
forth in § 385.3 or other provisions of
part 385 of this title as applicable’’ and
add in its place ‘‘set forth in applicable
provisions of part 385 of this title’’.
■ f. In paragraph (d)(3), remove ‘‘subject
to part 385, subparts B or C of this title,
or any other applicable royalties
computed on a percentage-rate basis, the
amount of the royalty payment shall be
calculated as provided in § 385.12,
§ 385.22, or other provisions of part 385
of this title as applicable’’ and add in its
place ‘‘subject to applicable provisions
of part 385 of this title, or any other
provisions, requiring computation of
applicable royalties on a percentage-rate
basis, the amount of the royalty
payment shall be calculated as provided
in applicable provisions of part 385 of
this title’’.
■ g. In paragraph (d)(3)(ii), remove ‘‘as
described in § 385.12(b)(4),
§ 385.22(b)(3), or any similar provisions
of part 385 of this title as applicable,
an’’ and add in its place ‘‘as described
in applicable provisions of part 385 of
this title, an’’.
§ 210.17
[Amended]
3. Amend § 210.17 as follows:
a. In paragraph (c)(6), remove
‘‘pursuant to part 385, subparts B or C
of this title, or any other provision
requiring computation of applicable
royalties on a percentage-rate basis,
calculations showing in detail how the
royalty was computed (for these
purposes, the applicable royalty as
specified in part 385, subpart A of this
title shall’’ and add in its place
‘‘pursuant to applicable provisions of
part 385 of this title, or any other
provisions, requiring computation of
applicable royalties on a percentage-rate
basis, calculations showing in detail
how the royalty was computed (for
these purposes, the applicable royalty as
specified in applicable provisions of
part 385 of this title, or any other
provisions, requiring computation of
applicable royalties on a cents-per-unit
basis shall’’.
■ b. In paragraph (d)(1), remove ‘‘subject
to part 385, subpart A of this title, or
any other provision requiring’’ and add
■
■
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Federal Register / Vol. 84, No. 56 / Friday, March 22, 2019 / Rules and Regulations
in its place ‘‘subject to applicable
provisions of part 385 of this title, or
any other provisions, requiring’’.
■ c. In paragraph (d)(2)(i), remove
‘‘subject to part 385, subparts B or C of
this title, or any other provision
requiring’’ and add in its place ‘‘subject
to applicable provisions of part 385 of
this title, or any other provisions,
requiring’’.
Dated: March 11, 2019.
Karyn A. Temple,
Acting Register of Copyrights and Director
of the U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2019–05548 Filed 3–21–19; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[SC–2018; FRL–9990–38–Region 4]
Air Plan Approval; South Carolina;
Update to Materials Incorporated by
Reference
Environmental Protection
Agency (EPA).
ACTION: Final rule; notification of
administrative change.
AGENCY:
The Environmental Protection
Agency (EPA) is updating the materials
that are incorporated by reference (IBR)
into the South Carolina state
implementation plan (SIP). The
regulations affected by this update have
been previously submitted by South
Carolina and approved by EPA. This
update affects the materials that are
available for public inspection at the
National Archives and Records
Administration (NARA) and the EPA
Regional Office.
DATES: This rule will be effective March
22, 2019.
ADDRESSES: SIP materials which are
incorporated by reference into 40 CFR
part 52 are available for inspection at
the following locations: Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, GA 30303; and the
National Archives and Records
Administration. For information on the
availability of this material at NARA,
call 202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html. To view the
materials at the Region 4 Office, EPA
requests that you email the contact
listed in the FOR FURTHER INFORMATION
CONTACT section to schedule your
SUMMARY:
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16:22 Mar 21, 2019
Jkt 247001
inspection. The Regional Office’s
official hours of business are Monday
through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: D.
Brad Akers, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division,
Region 4, U.S. Environmental Protection
Agency, 61 Forsyth Street SW, Atlanta,
Georgia 30303–8960. Mr. Akers can be
reached via telephone at (404) 562–9089
and via electronic mail at akers.brad@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Each state has a SIP containing the
control measures and strategies used to
attain and maintain the national
ambient air quality standards (NAAQS).
The SIP is extensive, containing such
elements as air pollution control
regulations, emission inventories,
monitoring networks, attainment
demonstrations, and enforcement
mechanisms.
Each state must formally adopt the
control measures and strategies in the
SIP after the public has had an
opportunity to comment on them and
then submit the proposed SIP revisions
to EPA. Once these control measures
and strategies are approved by EPA, and
after notice and comment, they are
incorporated into the federallyapproved SIP and are identified in part
52—‘‘Approval and Promulgation of
Implementation Plans,’’ title 40 of the
Code of Federal Regulations (40 CFR
part 52). The full text of the state
regulation approved by EPA is not
reproduced in its entirety in 40 CFR part
52, but is ‘‘incorporated by reference.’’
This means that EPA has approved a
given state regulation or specified
changes to the given regulation with a
specific effective date. The public is
referred to the location of the full text
version should they want to know
which measures are contained in a
given SIP. The information provided
allows EPA and the public to monitor
the extent to which a state implements
a SIP to attain and maintain the NAAQS
and to take enforcement action for
violations of the SIP.
The SIP is a living document which
the state can revise as necessary to
address the unique air pollution
problems in the state. Therefore, EPA
from time to time must take action on
proposed revisions containing new and/
or revised state regulations. A
submission from a state can revise one
or more rules in their entirety or
portions of rules, or even change a
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10687
single word. The state indicates the
changes in the submission (such as, by
using redline/strikethrough) and EPA
then takes action on the requested
changes. EPA establishes a docket for its
actions using a unique Docket
Identification Number, which is listed
in each action. These dockets and the
complete submission are available for
viewing on www.regulations.gov.
On May 22, 1997 (62 FR 27968), EPA
revised the procedures for incorporating
by reference, into the Code of Federal
Regulations, materials approved by EPA
into each SIP. These changes revised the
format for the identification of the SIP
in 40 CFR part 52, streamlined the
mechanisms for announcing EPA
approval of revisions to a SIP, and
streamlined the mechanisms for EPA’s
updating of the IBR information
contained for each SIP in 40 CFR part
52. The revised procedures also called
for EPA to maintain ‘‘SIP Compilations’’
that contain the federally-approved
regulations and source specific permits
submitted by each state agency.
These SIP Compilations are updated
primarily on an annual basis. Under the
revised procedures, EPA must
periodically publish an informational
document in the rules section of the
Federal Register notifying the public
that updates have been made to a SIP
Compilation for a particular state. EPA
applied the 1997 revised procedures to
South Carolina on July 1, 1997 (62 FR
35441).
II. EPA Action
This action represents EPA’s
publication of the South Carolina SIP
Compilation update, appearing in 40
CFR part 52: specifically, the materials
in paragraphs (c) and (d) at 40 CFR
52.2120. In addition, notice is provided
of the following corrections to
paragraph (c) of § 52.2120, as described
below.
Changes Applicable to EPA-Approved
South Carolina Regulations
A. Revising the heading of paragraph
(c) to read ‘‘EPA-Approved regulations’’
and the heading of the table in
paragraph (c) to read ‘‘EPA-Approved
South Carolina Regulations.’’
B. Correcting Federal Register
citations and entries listed in
§ 52.2120(c), as described below:
1. Under Regulation No. 62.1, entries
for the state effective date and EPA
approval date were removed because the
entry represents only the title of the
Regulation, while the Sections under
the heading of the Regulation include
specific approval information.
2. Under Regulation No. 62.1,
‘‘Section I,’’ the EPA approval date was
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]]>Agencies
- Library of Congress
- U.S. Copyright Office
[Federal Register Volume 84, Number 56 (Friday, March 22, 2019)]
[Rules and Regulations]
[Pages 10685-10687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05548]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Parts 201, 203, and 210
[Docket No. 2018-10]
Notices of Intention and Statements of Account Under Compulsory
License To Make and Distribute Phonorecords of Musical Works
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Copyright Office is issuing final regulations
pursuant to the Musical Works Modernization Act, title I of the Orrin
G. Hatch-Bob Goodlatte Music Modernization Act. This rule adopts
previously issued interim regulations as final. The interim rule
amended the Office's prior regulations pertaining to the compulsory
license to make and distribute phonorecords of musical works so as to
conform the prior regulations to the new law, including with respect to
the operation of notices of intention and statements of account. In
addition to adopting the interim rule as final, this final rule makes
further technical changes to update cross-references to regulations
that were recently amended by the Copyright Royalty Judges.
DATES: Effective March 22, 2019.
FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and
Associate Register of Copyrights, by email at regans@copyright.gov,
Steve Ruwe, Assistant General Counsel, by email at sruwe@copyright.gov,
or Jason E. Sloan, Assistant General Counsel, by email at
jslo@copyright.gov. Each can be contacted by telephone by calling (202)
707-8350.
SUPPLEMENTARY INFORMATION: On October 11, 2018, the president signed
into law the Orrin G. Hatch-Bob Goodlatte Music Modernization Act
(``MMA'') which, among other things, substantially modified the
compulsory ``mechanical'' license for making and distributing
phonorecords of nondramatic musical works available under 17 U.S.C.
115.\1\ On December 7, 2018, the Copyright Office published in the
Federal Register an interim rule amending the Office's section 115-
related regulations to harmonize them with the MMA's requirements, and
to make other minor technical updates.\2\ The amendments largely
concerned statements of account and notices of
[[Page 10686]]
intention to obtain a compulsory license. The Office did not receive
any comments from the public in response to the interim rule. As a
result, the Office is adopting the amendments promulgated through the
interim rule as final without change.
---------------------------------------------------------------------------
\1\ Public Law 115-264, 132 Stat. 3676 (2018).
\2\ 83 FR 63061 (Dec. 7, 2018).
---------------------------------------------------------------------------
In addition to adopting the interim rule as final, the final rule
makes further technical changes to update cross-references to
regulations that were recently amended by the Copyright Royalty Judges
(``CRJs''). On February 5, 2019, the CRJs published in the Federal
Register a final determination in In re Determination of Royalty Rates
and Terms for Making and Distributing Phonorecords (Phonorecords III),
Docket No. 16-CRB-0003-PR (2018-2022).\3\ The CRJs' final determination
amended 37 CFR part 385, which contains regulations setting forth the
rates and terms of royalty payments for use of the section 115 license.
The CRJs' changes have rendered obsolete some of the cross-references
to part 385 contained in the Copyright Office's regulations governing
statements of account under the section 115 license, and the final rule
updates the relevant cross-references.
---------------------------------------------------------------------------
\3\ 84 FR 1918 (Feb. 5, 2019).
---------------------------------------------------------------------------
Because the updates are technical and non-substantive changes that
do not ``alter the rights or interests of parties,'' they are not
subject to the notice and comment requirements of the Administrative
Procedure Act.\4\ Furthermore, the Office finds good cause that
providing notice and comment is ``impracticable'' and ``contrary to the
public interest'' in this instance because the CRJs' new regulations
are already effective, and delaying removal of the obsolete cross-
references in the Office's regulations may cause confusion among those
parties required to serve statements of account under the compulsory
license.\5\ For these same reasons, the Office finds it appropriate to
make the final rule effective upon publication.\6\
---------------------------------------------------------------------------
\4\ See Nat'l Mining Ass'n v. McCarthy, 758 F.3d 243, 250 (DC
Cir. 2014); 5 U.S.C. 553(b) (notice and comment not required for
``interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice'').
\5\ See 5 U.S.C. 553(b).
\6\ See id. at 553(d).
---------------------------------------------------------------------------
List of Subjects
37 CFR Part 201
Copyright, General provisions.
37 CFR Part 203
Freedom of information.
37 CFR Part 210
Copyright, Phonorecords, Recordings.
Final Regulations
For the reasons set forth above, the Copyright Office adopts the
interim rule amending 37 CFR parts 201, 203, and 210 which was
published at 83 FR 63061 on December 7, 2018, as final with the
following changes:
PART 210--COMPULSORY LICENSE FOR MAKING AND DISTRIBUTING PHYSICAL
AND DIGITAL PHONORECORDS OF NONDRAMATIC MUSICAL WORKS
0
1. The authority citation for part 210 continues to read as follows:
Authority: 17 U.S.C. 115, 702.
Sec. 210.16 [Amended]
0
2. Amend Sec. 210.16 as follows:
0
a. In paragraph (b)(8):
0
i. In the first sentence, remove ``records of any promotional uses of
the copyright owner's works that are required to be maintained or
provided under Sec. 385.14 or Sec. 385.24 of this title, or other
applicable provision, including, where applicable, records required to
be maintained or provided by any third parties that were authorized by
the compulsory licensee to engage in promotional uses during'' and add
in its place ``records of any promotional or free trial uses of the
copyright owner's works that are required to be maintained or provided
under applicable provisions of part 385 of this title, or any other
provisions, including, where applicable, records required to be
maintained or provided by any third parties that were authorized by the
compulsory licensee to engage in such uses during''.
0
ii. In the second sentence, remove ``subject to the promotional royalty
rate provided in Sec. 385.14 or Sec. 385.24 of this title, or any
similar promotional royalty rate of zero'' and add in its place
``subject to any promotional or free trial royalty rate of zero''.
0
b. In paragraph (c)(1), remove ``subject to part 385, subpart A of this
title or any other provisions requiring'' and add in its place
``subject to applicable provisions of part 385 of this title, or any
other provisions, requiring''.
0
c. In paragraph (c)(2), remove ``subject to part 385, subparts B or C
of this title, or any other provisions requiring computation of
applicable royalties on a percentage-rate basis, include a detailed and
step-by-step accounting of the calculation of royalties under Sec.
385.12, Sec. 385.22, or other provisions of part 385 of this title as
applicable, sufficient'' and add in its place ``subject to applicable
provisions of part 385 of this title, or any other provisions,
requiring computation of applicable royalties on a percentage-rate
basis, include a detailed and step-by-step accounting of the
calculation of royalties under applicable provisions of part 385 of
this title, sufficient''.
0
d. In paragraph (d)(2), remove ``subject to part 385, subpart A of this
title, or any other applicable royalties computed on a'' and add in its
place ``subject to applicable provisions of part 385 of this title, or
any other provisions, requiring computation of applicable royalties on
a''.
0
e. In paragraph (d)(2)(v), remove ``set forth in Sec. 385.3 or other
provisions of part 385 of this title as applicable'' and add in its
place ``set forth in applicable provisions of part 385 of this title''.
0
f. In paragraph (d)(3), remove ``subject to part 385, subparts B or C
of this title, or any other applicable royalties computed on a
percentage-rate basis, the amount of the royalty payment shall be
calculated as provided in Sec. 385.12, Sec. 385.22, or other
provisions of part 385 of this title as applicable'' and add in its
place ``subject to applicable provisions of part 385 of this title, or
any other provisions, requiring computation of applicable royalties on
a percentage-rate basis, the amount of the royalty payment shall be
calculated as provided in applicable provisions of part 385 of this
title''.
0
g. In paragraph (d)(3)(ii), remove ``as described in Sec.
385.12(b)(4), Sec. 385.22(b)(3), or any similar provisions of part 385
of this title as applicable, an'' and add in its place ``as described
in applicable provisions of part 385 of this title, an''.
Sec. 210.17 [Amended]
0
3. Amend Sec. 210.17 as follows:
0
a. In paragraph (c)(6), remove ``pursuant to part 385, subparts B or C
of this title, or any other provision requiring computation of
applicable royalties on a percentage-rate basis, calculations showing
in detail how the royalty was computed (for these purposes, the
applicable royalty as specified in part 385, subpart A of this title
shall'' and add in its place ``pursuant to applicable provisions of
part 385 of this title, or any other provisions, requiring computation
of applicable royalties on a percentage-rate basis, calculations
showing in detail how the royalty was computed (for these purposes, the
applicable royalty as specified in applicable provisions of part 385 of
this title, or any other provisions, requiring computation of
applicable royalties on a cents-per-unit basis shall''.
0
b. In paragraph (d)(1), remove ``subject to part 385, subpart A of this
title, or any other provision requiring'' and add
[[Page 10687]]
in its place ``subject to applicable provisions of part 385 of this
title, or any other provisions, requiring''.
0
c. In paragraph (d)(2)(i), remove ``subject to part 385, subparts B or
C of this title, or any other provision requiring'' and add in its
place ``subject to applicable provisions of part 385 of this title, or
any other provisions, requiring''.
Dated: March 11, 2019.
Karyn A. Temple,
Acting Register of Copyrights and Director of the U.S. Copyright
Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2019-05548 Filed 3-21-19; 8:45 am]
BILLING CODE 1410-30-P
