Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License, 73940-73941 [2022-26229]

Download as PDF 73940 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Rules and Regulations G. Protest Activities LIBRARY OF CONGRESS The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. Copyright Royalty Board List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ 2. Add § 165.T08–0931 to read as follows: ■ lotter on DSK11XQN23PROD with RULES1 (a) Location. The following area is a safety zone: All waters of the Gulf Intracoastal Waterway, shoreline to shoreline, from the Calcasieu Lock at Mile Marker 238.2 west to Mile Marker 240 at the Lake Charles Industrial Canal. (b) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the Captain of the Port Port Arthur (COTP) or the COTP’s designated representative. (2) To seek permission to enter, contact the COTP or the COTP’s representative by calling the Command Duty Officer at (337) 912–0073. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. VerDate Sep<11>2014 16:45 Dec 01, 2022 Jkt 259001 Copyright Royalty Board (CRB), Library of Congress. ACTION: Final rule; cost of living adjustment. AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of sound recordings. Effective date: December 2, 2022. Applicability date: These rates are applicable to the period January 1, 2023, through December 31, 2023. FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707–7658, crb@ loc.gov. Sections 112(e) and 114(f) of the Copyright Act, title 17 of the United States Code, create statutory licenses for certain digital performances of sound recordings and the making of ephemeral reproductions to facilitate transmission of those sound recordings. On October 27, 2021, the Copyright Royalty Judges (Judges) adopted final regulations governing the rates and terms of copyright royalty payments under those licenses for the license period 2021–2025 for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. See 86 FR 59452. Pursuant to those regulations, at least 25 days before January 1 of each year from 2022 to 2025, the Judges shall publish in the Federal Register notice of a COLA applicable to the royalty fees for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. 37 CFR 380.10. The adjustment in the royalty fee shall be based on a calculation of the percentage increase in the CPI–U from the CPI–U published in November 2020 (260.229), according to the formula: for subscription performances, (1 + (Cy¥260.229)/260.229) × $0.0026; for nonsubscription performances, (1 + SUPPLEMENTARY INFORMATION: § 165.T08–0931 Safety Zone; Gulf Intracoastal Waterway, Lake Charles, LA. BILLING CODE 9110–04–P Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License DATES: Authority: 46 U.S.C. 70034, 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.2. [FR Doc. 2022–26298 Filed 12–1–22; 8:45 am] [Docket No. 19–CRB–0005–WR (2021–2025) COLA (2023) SUMMARY: For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: Dated: November 28, 2022. James B. Suffern, Captain, U.S. Coast Guard, Acting Captain of the Port, Marine Safety Unit Port Arthur. 37 CFR Part 380 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 (Cy¥260.229)/260.229) × $0.0021; for performances by a noncommercial webcaster in excess of 159,140 ATH per month, (1 + (Cy¥260.229)/260.229) × $0.0021; where Cy is the CPI–U published by the Secretary of Labor before December 1 of the preceding year. The adjusted rate shall be rounded to the nearest fourth decimal place. 37 CFR 380.10(c). The CPI–U published by the Secretary of Labor from the most recent index published before December 1, 2022, is 298.012.1 Applying the formula in 37 CFR 380.10(c) and rounding to the nearest fourth decimal place results in an increase in the rates for 2023. The 2023 rate for eligible transmissions of sound recordings by commercial webcasters is $0.0030 per subscription performance and $0.0024 per nonsubscription performance. Application of the increase to rates for noncommercial webcasters results in a 2023 rate of $0.0024 per performance for all digital audio transmissions in excess of 159,140 ATH in a month on a channel or station. As provided in 37 CFR 380.10(d), the royalty fee for making ephemeral recordings under section 112 of the Copyright Act to facilitate digital transmission of sound recordings under section 114 of the Copyright Act is included in the section 114 royalty fee and comprises 5% of the total fee. List of Subjects in 37 CFR Part 380 Copyright; sound recordings. Final Regulations In consideration of the foregoing, the Judges amend part 380 of title 37 of the Code of Federal Regulations as follows: PART 380—RATES AND TERMS FOR TRANSMISSIONS BY ELIGIBLE NONSUBSCRIPTION SERVICES AND NEW SUBSCRIPTION SERVICES AND FOR THE MAKING OF EPHEMERAL REPRODUCTIONS TO FACILITATE THOSE TRANSMISSIONS 1. The authority citation for part 380 continues to read as follows: ■ Authority: 17 U.S.C. 112(e), 114(f), 804(b)(3). 2. Section 380.10 is amended by revising paragraph (a) to read as follows: ■ 1 This CPI–U was announced on November 10, 2022, by the Bureau of Labor Statistics in its Consumer Price Index News Release—Consumer Price Index, available at https://www.bls.gov/ news.release/cpi.htm at Table 1. E:\FR\FM\02DER1.SGM 02DER1 Federal Register / Vol. 87, No. 231 / Friday, December 2, 2022 / Rules and Regulations § 380.10 Royalty fees for the public performance of sound recordings and the making of ephemeral recordings. (a) Royalty fees. For the year 2023, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the following rates: (1) Commercial webcasters: $0.0030 per Performance for subscription services and $0.0024 per Performance for nonsubscription services. (2) Noncommercial webcasters: $1,000 per year for each channel or station and $0.0024 per Performance for all digital audio transmissions in excess of 159,140 ATH in a month on a channel or station. * * * * * Dated: November 28, 2022. David P. Shaw, Chief Copyright Royalty Judge. [FR Doc. 2022–26229 Filed 12–1–22; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 386 [Docket No 22–CRB–0008–SA–COLA (2023)] Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates Copyright Royalty Board (CRB), Library of Congress. ACTION: Final rule; cost of living adjustment. AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 7.7% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2021 to October 2022. DATES: Effective date: December 2, 2022. Applicability date: These rates are applicable to the period January 1, 2023, through December 31, 2023. FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707–7658, crb@ loc.gov. SUMMARY: The satellite carrier compulsory license establishes a statutory copyright licensing scheme for the distant retransmission of television programming by satellite carriers. 17 U.S.C. 119. Congress created the license in 1988 and reauthorized the license for lotter on DSK11XQN23PROD with RULES1 SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:45 Dec 01, 2022 Jkt 259001 additional five-year periods until 2019 when it made the license permanent.1 On August 31, 2010, the Copyright Royalty Judges (Judges) adopted rates for the section 119 compulsory license for the 2010–2014 term. See 75 FR 53198. The rates were proposed by Copyright Owners and Satellite Carriers 2 and were unopposed. Id. section 119(c)(2) of the Copyright Act provides that, effective January 1 of each year, the Judges shall adjust the royalty fee payable under section 119(b)(1)(B) ‘‘to reflect any changes occurring in the cost of living as determined by the most recent Consumer Price Index (for all consumers and for all items) [CPI–U] published by the Secretary of Labor before December 1 of the preceding year.’’ Section 119 also requires that ‘‘[n]otification of the adjusted fees shall be published in the Federal Register at least 25 days before January 1.’’ 17 U.S.C. 119(c)(2). The change in the cost of living as determined by the CPI–U during the period from the most recent index published before December 1, 2021, to the most recent index published before December 1, 2022, is 7.7%.3 Application of the 7.7% COLA to the current rate for the secondary transmission of broadcast stations by satellite carriers for private home viewing—32 cents per subscriber per month— results in a rate of 34 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(1). Application of the 7.7% COLA to the current rate for viewing in commercial establishments—65 cents per subscriber per month—results in a rate of 70 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(2). List of Subjects in 37 CFR Part 386 Copyright, Satellite, Television. Final Regulations In consideration of the foregoing, the Judges amend part 386 of title 37 of the Code of Federal Regulations as follows: 1 The most recent five-year reauthorization was pursuant to the STELA Reauthorization Act of 2014, Public Law 113–200. The license was made permanent by the Satellite Television Community Protection and Promotion Act of 2019, Public Law 116–94, div. P, title XI, § 1102(a), (c)(1), 133 Stat. 3201, 3203. 2 Program Suppliers and Joint Sports Claimants comprised the Copyright Owners while DIRECTV, Inc., DISH Network, LLC, and National Programming Service, LLC, comprised the Satellite Carriers. 3 On November 10, 2022, the Bureau of Labor Statistics announced that the CPI–U increased 7.7% over the last 12 months. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 73941 PART 386—ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS 1. The authority citation for part 386 continues to read as follows: ■ Authority: 17 U.S.C. 119(c), 801(b)(1). 2. Section 386.2 is amended by adding paragraphs (b)(1)(xiv) and (b)(2)(xiv) to read as follows: ■ § 386.2 Royalty fee for secondary transmission by satellite carriers. * * * * * (b) * * * (1) * * * (xiv) 2023: 34 cents per subscriber per month. (2) * * * (xiv) 2023: 70 cents per subscriber per month. Dated: November 28, 2022. David P. Shaw, Chief Copyright Royalty Judge. [FR Doc. 2022–26226 Filed 12–1–22; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 9, 721, and 725 [EPA–HQ–OPPT–2020–0588; FRL–8582–01– OCSPP] RIN 2070–AB27 Significant New Use Rules on Certain Chemical Substances (21–1.5e) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: EPA is issuing significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMNs) and a Microbial Commercial Activity Notice (MCAN). The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the use, under the conditions of use for that chemical substance, within the applicable review period. Persons may not commence manufacture or processing for the significant new use until EPA has conducted a review of the notice, made an appropriate determination on the SUMMARY: E:\FR\FM\02DER1.SGM 02DER1

Agencies

[Federal Register Volume 87, Number 231 (Friday, December 2, 2022)]
[Rules and Regulations]
[Pages 73940-73941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26229]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 380

[Docket No. 19-CRB-0005-WR (2021-2025) COLA (2023)


Cost of Living Adjustment to Royalty Rates for Webcaster 
Statutory License

AGENCY: Copyright Royalty Board (CRB), Library of Congress.

ACTION: Final rule; cost of living adjustment.

-----------------------------------------------------------------------

SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) in the royalty rates that commercial and 
noncommercial noninteractive webcasters pay for eligible transmissions 
pursuant to the statutory licenses for the public performance of and 
for the making of ephemeral reproductions of sound recordings.

DATES: 
    Effective date: December 2, 2022.
    Applicability date: These rates are applicable to the period 
January 1, 2023, through December 31, 2023.

FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658, 
[email protected].

SUPPLEMENTARY INFORMATION: Sections 112(e) and 114(f) of the Copyright 
Act, title 17 of the United States Code, create statutory licenses for 
certain digital performances of sound recordings and the making of 
ephemeral reproductions to facilitate transmission of those sound 
recordings. On October 27, 2021, the Copyright Royalty Judges (Judges) 
adopted final regulations governing the rates and terms of copyright 
royalty payments under those licenses for the license period 2021-2025 
for performances of sound recordings via eligible transmissions by 
commercial and noncommercial noninteractive webcasters. See 86 FR 
59452.
    Pursuant to those regulations, at least 25 days before January 1 of 
each year from 2022 to 2025, the Judges shall publish in the Federal 
Register notice of a COLA applicable to the royalty fees for 
performances of sound recordings via eligible transmissions by 
commercial and noncommercial noninteractive webcasters. 37 CFR 380.10.
    The adjustment in the royalty fee shall be based on a calculation 
of the percentage increase in the CPI-U from the CPI-U published in 
November 2020 (260.229), according to the formula: for subscription 
performances, (1 + (Cy-260.229)/260.229) x $0.0026; for 
nonsubscription performances, (1 + (Cy-260.229)/260.229) x 
$0.0021; for performances by a noncommercial webcaster in excess of 
159,140 ATH per month, (1 + (Cy-260.229)/260.229) x $0.0021; 
where Cy is the CPI-U published by the Secretary of Labor 
before December 1 of the preceding year. The adjusted rate shall be 
rounded to the nearest fourth decimal place. 37 CFR 380.10(c). The CPI-
U published by the Secretary of Labor from the most recent index 
published before December 1, 2022, is 298.012.\1\ Applying the formula 
in 37 CFR 380.10(c) and rounding to the nearest fourth decimal place 
results in an increase in the rates for 2023.
---------------------------------------------------------------------------

    \1\ This CPI-U was announced on November 10, 2022, by the Bureau 
of Labor Statistics in its Consumer Price Index News Release--
Consumer Price Index, available at https://www.bls.gov/news.release/cpi.htm at Table 1.
---------------------------------------------------------------------------

    The 2023 rate for eligible transmissions of sound recordings by 
commercial webcasters is $0.0030 per subscription performance and 
$0.0024 per nonsubscription performance.
    Application of the increase to rates for noncommercial webcasters 
results in a 2023 rate of $0.0024 per performance for all digital audio 
transmissions in excess of 159,140 ATH in a month on a channel or 
station.
    As provided in 37 CFR 380.10(d), the royalty fee for making 
ephemeral recordings under section 112 of the Copyright Act to 
facilitate digital transmission of sound recordings under section 114 
of the Copyright Act is included in the section 114 royalty fee and 
comprises 5% of the total fee.

List of Subjects in 37 CFR Part 380

    Copyright; sound recordings.

Final Regulations

    In consideration of the foregoing, the Judges amend part 380 of 
title 37 of the Code of Federal Regulations as follows:

PART 380--RATES AND TERMS FOR TRANSMISSIONS BY ELIGIBLE 
NONSUBSCRIPTION SERVICES AND NEW SUBSCRIPTION SERVICES AND FOR THE 
MAKING OF EPHEMERAL REPRODUCTIONS TO FACILITATE THOSE TRANSMISSIONS

0
1. The authority citation for part 380 continues to read as follows:

    Authority:  17 U.S.C. 112(e), 114(f), 804(b)(3).


0
2. Section 380.10 is amended by revising paragraph (a) to read as 
follows:

[[Page 73941]]

Sec.  380.10  Royalty fees for the public performance of sound 
recordings and the making of ephemeral recordings.

    (a) Royalty fees. For the year 2023, Licensees must pay royalty 
fees for all Eligible Transmissions of sound recordings at the 
following rates:
    (1) Commercial webcasters: $0.0030 per Performance for subscription 
services and $0.0024 per Performance for nonsubscription services.
    (2) Noncommercial webcasters: $1,000 per year for each channel or 
station and $0.0024 per Performance for all digital audio transmissions 
in excess of 159,140 ATH in a month on a channel or station.
* * * * *

    Dated: November 28, 2022.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2022-26229 Filed 12-1-22; 8:45 am]
BILLING CODE 1410-72-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.