Determination of Rates and Terms for Public Broadcasting (PB IV), 4928-4935 [2023-01521]
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Federal Register / Vol. 88, No. 17 / Thursday, January 26, 2023 / Proposed Rules
Subpart F—Certification of Tribal
Housing Counselors
HUD-approved housing counseling
agency).
§ 214.600 Tribal housing counseling
certification.
PART 1000—NATIVE AMERICAN
HOUSING ACTIVITIES
(a) This subpart applies only to
housing counseling required under or
provided in connection with the Indian
Housing Block Grant (IHBG) program or
the Indian Community Development
Block Grant (ICDBG) program. Indian
tribes, tribally designated housing
entities (TDHEs), and other tribal
entities funding housing counseling
required under or provided in
connection with IHBG or ICDBG
programs shall not be subject to the
requirements of this part, except as
otherwise provided in this section.
(b) Housing counseling required
under or provided in connection with
IHBG or ICDBG programs must be
provided by a HUD-certified housing
counselor. A HUD-certified housing
counselor must be certified either:
(1) By working for a participating
agency and complying with all the
requirements of this part to include
passing a housing counseling
certification examination under
§ 214.103(n); or
(2) By working for an Indian Tribe,
TDHE, or other tribal entity and passing
a housing counseling certification
examination under paragraph (c) of this
section.
(c) HUD will certify an individual
housing counselor to provide housing
counseling required under or provided
in connection with IHBG or ICDBG
programs upon verification that the
person:
(1) Passes a standardized written
examination to demonstrate competency
in each of the following areas:
(i) Financial management;
(ii) Property maintenance;
(iii) Responsibilities of
homeownership and tenancy;
(iv) Fair housing laws and
requirements;
(v) Housing affordability; and
(vi) Avoidance of, and response to,
rental or mortgage delinquency and
avoidance of eviction or mortgage
default; and
(2) Works for an Indian tribe, TDHE,
or other tribal entity.
(d) To provide housing counseling
required under or provided in
connection with HUD programs other
than the IHBG and ICDBG programs, an
individual working for an Indian tribe,
TDHE, or other tribal entity must meet
the housing counseling certification
requirement under § 214.103(n) (e.g.,
pass the examination and work for a
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4. The authority citation for part 1000
continues to read as follows:
■
Authority: 25 U.S.C. 4101 et seq.; 42
U.S.C. 3535(d).
■
5. Add § 1000.66 to read as follows:
§ 1000.66
Housing counseling.
PART 1003—COMMUNITY
DEVELOPMENT BLOCK GRANTS FOR
INDIAN TRIBES AND ALASKA NATIVE
VILLAGES
6. The authority citation for part 1003
continues to read as follows:
■
Authority: 42 U.S.C. 3535(d) and 5301 et
seq.
7. Add § 1003.609 to read as follows:
§ 1003.609
Housing counseling.
Housing counseling, as defined in 24
CFR 5.100, that is funded with or
provided in connection with ICDBG
funds must be carried out in accordance
with 24 CFR 5.111. Housing counseling
conducted in connection with the
ICDBG program may only be conducted
by individuals who are HUD-certified in
accordance with 24 CFR part 214.
Julia Gordon,
Office of the Assistant Secretary for
Housing—Federal Housing Administration
Commissioner.
Dominique Blom,
General Deputy Assistant Secretary, Office
of Public and Indian Housing.
[FR Doc. 2023–01345 Filed 1–25–23; 8:45 am]
BILLING CODE 4210–67–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 21–CRB–0002–PBR (2023–
2027)]
Determination of Rates and Terms for
Public Broadcasting (PB IV)
Copyright Royalty Board (CRB),
Library of Congress.
AGENCY:
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Proposed rule.
The Copyright Royalty Judges
solicit comments on proposed rates and
terms for use of certain works in
connection with noncommercial
broadcasting for the period from January
1, 2023, through December 31, 2027.
SUMMARY:
Comments and objections, if any,
are due on or before February 27, 2023.
DATES:
You may submit comments
and objections, identified by docket
number 21–CRB–0002–PBR (2023–
2027), online through eCRB at https://
app.crb.gov.
Instructions: To send your comment
through eCRB, if you don’t have a user
account, you will first need to register
for an account and wait for your
registration to be approved. Approval of
user accounts is only available during
business hours. Once you have an
approved account, you can only sign in
and file your comment after setting up
multi-factor authentication, which can
be done at any time of day. All
comments must include the Copyright
Royalty Board name and the docket
number for this proposed rule. All
properly filed comments will appear
without change in eCRB at https://
app.crb.gov, including any personal
information provided.
Docket: For access to the docket to
read background documents or
comments received, go to eCRB, the
Copyright Royalty Board’s electronic
filing and case management system, at
https://app.crb.gov/, and search for
docket number 21–CRB–0002–PBR
(2023–2027).
ADDRESSES:
Housing counseling, as defined in 24
CFR 5.100, that is required under or
provided in connection with IHBG
funds must be carried out in accordance
with 24 CFR 5.111. Housing counseling
conducted in connection with the IHBG
program may only be conducted by
individuals who are HUD-certified in
accordance with 24 CFR part 214.
■
ACTION:
FOR FURTHER INFORMATION CONTACT:
Anita Brown, CRB Program Specialist,
(202) 707–7658, crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 118 of the Copyright Act, title
17 of the United States Code, establishes
a statutory license for the use of certain
copyrighted works in connection with
noncommercial television and radio
broadcasting. Chapter 8 of the Copyright
Act requires the Copyright Royalty
Judges (Judges) to conduct proceedings
every five years to determine the rates
and terms for the section 118 license. 17
U.S.C. 801(b)(1), 804(b)(6). In
accordance with section 804(b)(6), the
Judges commenced the proceeding to set
rates and terms for the period 2023–
2027 on January 5, 2021. (86 FR 325).
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In the Federal Register notice, the
Judges requested that interested parties
submit petitions to participate. 86 FR
325 (January 5, 2021). Petitions to
Participate (PTPs) were received from:
The American Society of Authors,
Composers and Publishers (ASCAP);
SESAC Performing Rights, LLC
(SESAC); Broadcast Music, Inc. (BMI);
Educational Media Foundation (EMF);
Corporation for Public Broadcasting
(CPB), National Public Radio (NPR), and
the Public Broadcasting Service (PBS),
jointly (the Public Broadcasting Entities
(PBE)); National Religious Broadcasters
Noncommercial Music License
Committee NRBNMLC); the Church
Music Publishers’ Association (CMPA);
The Harry Fox Agency (HFA); Global
Music Rights, LLC (GMR); and David
Powell.
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 written direct
statements no later than September 10,
2021. Notice of Participants,
Commencement of Voluntary
Negotiation Period, and Case
Scheduling Order (Feb. 9, 2021). The
Judges amended the case schedule four
times to accommodate ongoing
negotiations. See Order Granting Joint
Motion to Postpone Submission of
Written Direct Statements (Dec. 1,
2021). In July 2021, September 2021,
November 2021, and December 2022
participants filed notices of settlement
and proposed rates and terms for
adoption 1. No participant filed a
written direct statement.
There are two ways copyright owners
and public broadcasting entities 2 may
negotiate rates and terms under the
section 118 statutory license. First,
copyright owners may negotiate rates
and terms with specific public
broadcasting entities for the use of all of
the copyright owners’ works covered by
the license. Section 118(b)(2) provides
that such license agreements ‘‘shall be
given effect in lieu of any determination
by the * * * Copyright Royalty Judges,’’
provided that copies of the agreement
are submitted to the Judges ‘‘within 30
days of execution.’’ 17 U.S.C. 118(b)(2).
The Judges received five agreements in
this category for which no further action
is required.3
1 The Judges received no notice of settlement or
proposed rates and terms from participant David
Powell.
2 A ‘‘public broadcasting entity’’ is defined as a
‘‘noncommercial educational broadcast station as
defined in section 397 of title 47 and any nonprofit
institution or organization engaged in the activities
described in paragraph (2) of subsection (c)’’ of
section 118. 17 U.S.C. 118(f).
3 The Judges received agreements with PBE from
BMI, HFA, SESAC, ASCAP, and GMR on October
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Second, copyright owners and public
broadcasting entities may negotiate rates
and terms for categories of copyrighted
works and uses that would be binding
on all owners and entities using the
same license and submit them to the
Judges for approval. Section
801(b)(7)(A) of the Copyright Act
authorizes the Judges to adopt 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.
This section provides that the Judges
shall provide notice and an opportunity
to comment on the agreement to (1)
those that would be bound by the terms,
rates, or other determination set by the
agreement and (2) participants in the
proceeding that would be bound by the
terms, rates, or other determination set
by the agreement. In addition, the
Judges shall provide participants in the
proceeding the opportunity to object to
its adoption as a basis for statutory rates
and terms. See section 801(b)(7)(A). The
Judges may decline to adopt the
agreement as a basis for statutory terms
and rates for participants not party to
the agreement if any participant objects
and the Judges conclude that the
agreement does not provide a reasonable
basis for setting statutory terms or rates.
Id.
The Judges received negotiated rates
and terms from ASCAP (Jul. 2, 2021),
BMI (May 17, 2021), GMR (Sept. 9,
2021) and SESAC (Sept. 3, 2021), and
jointly from all four (Dec. 7, 2022)
regarding rates for compositions in their
repertories by certain public
broadcasters 4; and from NRBNMLC
jointly with ASCAP (Sept. 9, 2021), BMI
(Sept. 10, 2021), GMR (Sept. 9, 2021,
and Dec, 7, 2022)), SESAC (Sept. 10,
2021) and HFA (June 21, 2021)
regarding rates for compositions in their
repertories by certain other public
broadcasters.5
29, 2021; November 2, 2021; November 2, 2021;
January 28, 2022, and December 29, 2022,
respectively.
4 The joint proposal aggregates the separate
proposals and is to be considered in place of them.
See Joint Proposal at 1 n.1.
5 The Judges already published for comment the
proposed rates and terms the Judges received early
in 2021 from three participants. See 86 FR 34674
(Jul. 1, 2021) (BMI proposal); 86 FR 34676 (Jul. 1,
2021) (HFA/NRBNMLC proposal). The comment
period has ended, and the Judges received no
comments. To minimize confusion that may occur
from issuing more than one final rule, those
proposed rates are repeated in the regulatory
language of this proposed rule and the Judges do
not seek comment on them.
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ASCAP, BMI, GMR, and SESAC Joint
Proposal
The joint proposal of ASCAP,6 BMI,
GMR, and SESAC proposes to modify
the royalty rates set forth in § 381.5. The
rates proposed regarding ASCAP reflect
a modification of the fees in different
rate tiers. Joint Proposal at 4, App. A.
The SESAC submission retains a flat
rate, which it proposes adjusting,
starting in 2023, by the change in the
Consumer Price Index or one-and-a-half
percent, whichever is greater. SESAC
Proposal App. A.
The GMR proposals add a section for
compositions in its repertory that
provide for an initial rate for 2023;
provide for adjusting that rate, starting
in 2024, by the change in the Consumer
Price Index or one-and-a-half percent,
whichever is greater; add a term
providing rate options for certain
entities broadcasting primarily in a
religious format; and add references to
GMR in paragraphs related to the rates.
See Joint PROs Proposal. App. A at 9. 7
NRBNMLC Joint Proposals
The joint proposals entered into by
NRBNMLC and each of ASCAP, BMI,
GMR, and SESAC 8 propose adjusting
the rates and structure in (ASCAP, BMI,
SESAC), and adding some rates to
(GMR), the current provisions set forth
in § 381.6, and replacing ‘‘January 1,
2018’’ with ‘‘January 1, 2023’’ and
‘‘December 31, 2022’’ with ‘‘December
31, 2027’’ in § 381.1. 9 ASCAP and
NRBNMLC Joint proposal at 3; BMI and
NRBNMLC Joint proposal at 5; SESAC
and NRBNMLC Joint proposal at 3; GMR
and NRBNMLC Joint proposal at 4.
Three of the four joint proposals
(those from NRBNMLC and ASCAP,
SESAC, and GMR) propose a revision to
381.6(4) to add the words ‘‘in the
aggregate’’. All participants proposing
the revision later agree that the revision
is not necessary, NRBNMLC being the
only one bound by that provision.
NRBNMLC supports the language
change, but would not object to
maintaining the current language if the
6 The joint proposal is supported by the National
Association of College and University Business
Officers (NACUBO) and implicitly by the American
Council on Education (ACE). Joint Proposal at 3 n.2.
7 The Joint PROs Proposal was filed subsequent
to GMR’s motion of December 2, 2022, requesting
amendments to §§ 381.1, 381.5, and 381.10, and
thus the motion is DENIED as moot.
8 All proposals mention that EMF joins in the
proposals. The ASCAP and NRBNMLC joint
proposal mention that Church Music Publishers
Association., Inc., supports the proposal.
9 Proposed changes to § 381.7(b)(4) pursuant to a
joint proposal from HFA and NRBNMLC were
published on June 30, 2021, and are published
again here, not for comment but rather in order to
include all proposed changes to § 381 in one
document.
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Federal Register / Vol. 88, No. 17 / Thursday, January 26, 2023 / Proposed Rules
published document of the rates makes
clear ‘‘that the $1 fee is a one-time
aggregate fee that merely ensures
universal rate coverage, not a fee
assessed multiple times.’’ See Response
of the NRBNMLC to the CRJ’s Order 6
. . . at 4–5 (Dec, 7, 2022). The Judges
have thus hereby stated the clarification
from the NRBNMLC in this
supplementary information.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television,
Rates.
Proposed Regulations
For the reasons set forth in the
preamble, the Copyright Royalty Judges
propose to amend part 381 to chapter III
of title 37 of the Code of Federal
Regulations as set forth below:
PBE Joint Proposals
The Judges received a joint proposal
from PBE and HFA to modify the fees
in § 381.7 for uses that would be
binding on all owners and entities using
the same license.
The Judges received a joint proposal
from CPB and PBS to continue the
existing rates in § 381.8 for the use of
and making reproductions of published
pictorial, graphic, and sculptural works,
and to make changes to the terms
regarding when those rates apply and
related reporting requirements.10
Proposal re Format of Cue Sheets and
Summaries
The Judges propose technical
revisions to §§ 381.7(e) and 381.8(e)(1)
to require online filing of cue sheets or
summaries in lieu of submissions of
electronic copies on compact disk or
floppy diskette. This change would
conform these sections with § 303.5(a)
that generally requires online filing of
documents in eCRB.
As noted above, the members of the
public may comment on, and
participants in this rate proceeding may
comment on and object to, any or all of
the proposed regulations and the
proposed technical revision contained
in this document.
PART 381—USE OF CERTAIN
COPYRIGHTED WORKS IN
CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL
BROADCASTING
1. The authority citation for part 381
continues to read as follows:
■
Authority: 17 U.S.C. 118, 801(b)(1) and
803.
§ 381.1
[Amended]
2. In § 381.1, remove they year ‘‘2018’’
and add in its place the year ‘‘2023’’,
and remove the year ‘‘2022’’ and add in
its place the year ‘‘2027’’.
■ 3. In § 381.4, revise paragraphs (a) and
(c) a to read as follows:
■
§ 381.4 Performance of musical
compositions by PBS, NPR and other public
broadcasting entities engaged in the
activities set forth in 17 U.S.C. 118(c).
(a) Determination of royalty rate. The
following rates and terms shall apply to
the performance by the Public
Broadcasting Service (PBS), National
Public Radio (NPR) and other public
broadcasting entities engaged in
activities set forth in 17 U.S.C. 118(c) of
copyrighted published nondramatic
musical compositions, except for public
broadcasting entities covered by
§§ 381.5 and 381.6, and except for
compositions which are the subject of
voluntary license agreements: The
royalty shall be $1.
*
*
*
*
*
(c) Records of use. PBS and NPR shall,
upon the request of a copyright owner
of a published musical work who
believes a musical composition of such
owner has been performed under the
terms of this schedule, permit such
copyright owner a reasonable
opportunity to examine their standard
cue sheets listing the nondramatic
performances of musical compositions
on PBS and NPR programs. Any local
PBS and NPR station that shall be
required by the provisions of any
voluntary license agreement with
American Society of Authors,
Composers and Publishers (ASCAP),
Broadcast Music, Inc. (BMI), Global
Music Rights, LLC (GMR) or SESAC
Performing Rights, LLC (SESAC)
covering the license period January 1,
2023, to December 31, 2027, to provide
a music use report shall, upon request
of a copyright owner who believes a
musical composition of such owner has
been performed under the terms of this
schedule, permit such copyright owner
to examine the report.
■ 4. In § 381.5, revise paragraphs (c)
through (e) to read as follows:
§ 381.5 Performance of musical
compositions by public broadcasting
entities licensed to colleges and
universities.
*
*
*
*
*
(c) Royalty rate. A public broadcasting
entity within the scope of this section
may perform published nondramatic
musical compositions subject to the
following schedule of royalty rates:
(1) For all such compositions in the
repertory of ASCAP, the royalty rates
shall be as follows:
(i) Music Fees.
TABLE 1 TO PARAGRAPH (c)(1)(i)
Number of
full-time
students
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Level
Level
Level
Level
Level
1
2
3
4
5
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
< 1,000
1,000–4,999
5,000–9,999
10,000–19,999
20,000 +
2023
2024
$390
451
619
801
1,009
2025
$400
463
635
822
1,035
$410
475
652
843
1,062
2026
2027
$421
487
669
865
1,090
$432
500
686
887
1,118
(ii) Level 1 rates as set forth in
paragraph (c)(1)(i) of this section, shall
also apply to College Radio Stations
with an authorized effective radiated
power (ERP), as that term is defined in
47 CFR 73.310(a), of 100 Watts or less,
as specified on its current (Federal
Communications Commission (FCC)
license, regardless of the size of the
student population.
10 Corporation for Public Broadcasting (CPB),
National Public Radio (NPR), and Public
Broadcasting Service (PBS) filed a ‘‘Joint petition’’
to participate in this proceeding, as petitioners with
similar interests under the designation Public
Broadcasting Entities (PBE), pursuant to 37 CFR
351.1(b)(1)(ii). The participants that submitted the
joint proposal, CPB and PBS, share similar interests,
but the Judges do not presume or find that they
share identical interests. Under the present
circumstances, the Judges consider the CPB and
PBS proposal pursuant to section 801(b)(7)(A).
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(2) For all such compositions in the
repertory of BMI, the royalty rates shall
be as follows:
4931
(i) Music fees.
TABLE 2 TO PARAGRAPH (c)(2)(i)
Number of fulltime
students
Level
Level
Level
Level
Level
1
2
3
4
5
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
<1,000
1,000–4,999
5,000–9,999
10,000–19,999
20,000 +
(ii) Level 1 rates, as set forth in
paragraph (c)(2)(i) of this section, shall
also apply to College Radio Stations
with an authorized effective radiated
power (ERP), as that term is defined in
47 CFR 73.310(a), of 100 Watts or less,
as specified on its current FCC license,
regardless of the size of the student
population.
(3) For all such compositions in the
repertory of SESAC, the royalty rates
shall be as follows:
(i) 2023: The 2022 rate, subject to an
annual cost of living adjustment in
accordance with paragraph (c)(3)(vi) of
this section.
(ii) 2024: The 2023 rate, subject to an
annual cost of living adjustment in
accordance with paragraph (c)(3)(vi) of
this section.
(iii) 2025: The 2024 rate, subject to an
annual cost of living adjustment in
accordance with paragraph (c)(3)(vi) of
this section.
(iv) 2026: The 2025 rate, subject to an
annual cost of living adjustment in
accordance with paragraph (c)(3)(vi) of
this section.
(v) 2027: The 2026 rate, subject to an
annual cost of living adjustment in
accordance with paragraph (c)(3)(vi) of
this section.
(vi) Such cost of living adjustment to
be made in accordance with the greater
of:
(A) The change, if any, in the
Consumer Price Index (all consumers,
all items) published by the U.S.
Department of Labor, Bureau of Labor
Statistics during the twelve (12) month
2018
2019
$390
451
619
801
1,009
2020
$400
463
635
822
1,035
$410
475
652
843
1,062
period from the most recent Index,
published before December 1 of the year
immediately prior to the applicable
year; or
(B) One and one-half percent (1.5%).
(4) For all such compositions in the
repertory of GMR, the royalty rates shall
be as follows:
(i) 2023: $174.00 per station, subject
to an annual cost of living adjustment in
accordance with § 381.10.
(ii) 2024: The 2023 rate, subject to an
annual cost of living adjustment in
accordance with § 381.10.
(iii) 2025: The 2024 rate, subject to an
annual cost of living adjustment in
accordance with § 381.10.
(iv) 2026: The 2025 rate, subject to an
annual cost of living adjustment in
accordance with § 381.10.
(v) 2027: The 2026 rate, subject to an
annual cost of living adjustment in
accordance with § 381.10.
(vi) For stations broadcasting
primarily in a religious format
(including, without limitation,
Contemporary Christian music, praise
and worship, Gospel, Southern Gospel,
Spanish religious music, inspirational,
religious, etc.), at their option for 2023–
2027, either the rates set forth in
paragraph (c)(4) of this section or the
rates set forth in § 381.6(d)(4).
(5) For the performance of all other
such compositions: $1.
(d) Payment of royalty rate. The
public broadcasting entity shall pay the
required royalty rate to ASCAP, BMI,
SESAC, and GMR not later than January
31 of each year. Each annual payment
2021
$421
487
669
865
1,090
2022
$432
500
686
887
1,118
to ASCAP, BMI, SESAC, and GMR shall
be accompanied by a signed declaration
stating the number of full-time students
enrolled in the educational entity
operating the station and/or the effective
radiated power (ERP) as specified in its
current FCC license. An exact copy of
such declaration shall be furnished to
each of ASCAP, BMI, SESAC, and GMR.
(e) Records of use. A public
broadcasting entity subject to this
section shall furnish to ASCAP, BMI,
SESAC, and GMR upon request, a
music-use report during one week of
each calendar year. ASCAP, BMI,
SESAC, and GMR shall not in any one
calendar year request more than 10
stations to furnish such reports.
■ 5. Amend § 381.6 by revising
paragraphs (d) through (f) to read as
follows:
§ 381.6 Performance of musical
compositions by other public broadcasting
entities.
*
*
*
*
*
(d) Royalty rate. A public
broadcasting entity within the scope of
this section may perform published
nondramatic musical compositions
subject to the following schedule of
royalty rates:
(1) For all such compositions in the
repertory of ASCAP, the royalty rates
shall be as follows:
(i) Music Fees (Stations with 20% or
more programming containing Feature
Music):
TABLE 1 TO PARAGRAPH (d)(1)(i)
Calendar years
Population count
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2023
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
.................
.................
.................
.................
.................
.................
.................
.................
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0–24,999 ............................................
25,000–249,999 .................................
250,000–499,999 ...............................
500,000–999,999 ...............................
1,000,000–1,499,999 .........................
1,500,000–1,999,999 .........................
2,000,000–2,499,999 .........................
2,500,000–2,999,999 .........................
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2024
$574
754
1,346
2,017
2,691
3,363
4.035
4,708
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2025
$585
769
1,373
2,057
2,745
3,430
4,116
4,802
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$597
784
1,400
2,098
2,800
3,499
4,198
4,898
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2026
$609
800
1,428
2,140
2,856
3,569
4,282
4,996
2027
$621
816
1,457
2,183
2,913
3,640
4.368
5,096
4932
Federal Register / Vol. 88, No. 17 / Thursday, January 26, 2023 / Proposed Rules
TABLE 1 TO PARAGRAPH (d)(1)(i)—Continued
Calendar years
Population count
2023
Level 9 .................
3,000,000 and above .........................
2024
6,726
2025
6,861
6,998
2026
7,138
2027
7,280
(ii) Talk Format Station Fees (Stations
with <20% Feature Music
programming):
TABLE 2 TO PARAGRAPH (d)(1)(ii)
Calendar years
Population count
2023
Level
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
9
.................
.................
.................
.................
.................
.................
.................
.................
.................
0–24,999 ............................................
25,000–249,000 .................................
250,000–499,999 ...............................
500,000–999,999 ...............................
1,000,000–1,499,999 .........................
1,500,000–1,999,999 .........................
2,000,000–2,499,999 .........................
2,500,000–2,999,999 .........................
3,000,000 and above .........................
(2) For all such compositions in the
repertory of BMI, the royalty rates shall
be as follows:
2024
$265
574
574
574
942
1,177
1,412
1,647
2,354
2025
$270
585
585
585
961
1,201
1,440
1,680
2,401
$276
597
597
597
980
1,225
1,469
1,714
2,449
2026
$281
609
609
609
1,000
1,249
1,498
1,748
2,498
2027
$287
621
621
621
1,020
1,274
1,528
1,783
2,548
(i) Music Fees (Stations with 20% or
more programming containing Feature
Music):
TABLE 3 TO PARAGRAPH (d)(2)(i)
Calendar years
Population count
2023
Level
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
9
.................
.................
.................
.................
.................
.................
.................
.................
.................
0–24,999 ............................................
25,000–249,000 .................................
250,000–499,999 ...............................
500,000–999,999 ...............................
1,000,000–1,499,999 .........................
1,500,000–1,999,999 .........................
2,000,000–2,499,999 .........................
2,500,000–2,999,999 .........................
3,000,000 and above .........................
2024
$574
754
1,346
2,017
2,691
3,363
4,035
4,708
6,726
2025
$585
769
1,373
2,057
2,745
3,430
4,116
4,802
6,861
$597
784
1,400
2,098
2,800
3,499
4,198
4,898
6,998
2026
$609
800
1,428
2,140
2,856
3,569
4,282
4,996
7,138
2027
$621
816
1,457
2,183
2,913
3,640
4,368
5,096
7,280
(ii) Talk Format Station Fees (Stations
with <20% Feature Music
programming):
TABLE 4 TO PARAGRAPH (d)(2)(ii)
Calendar years
Population count
lotter on DSK11XQN23PROD with PROPOSALS1
2023
Level
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
9
.................
.................
.................
.................
.................
.................
.................
.................
.................
VerDate Sep<11>2014
0–24,999 ............................................
25,000–249,000 .................................
250,000–499,999 ...............................
500,000–999,999 ...............................
1,000,000–1,499,999 .........................
1,500,000–1,999,999 .........................
2,000,000–2,499,999 .........................
2,500,000–2,999,999 .........................
3,000,000 and above .........................
16:54 Jan 25, 2023
Jkt 259001
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2024
$265
574
574
574
942
1,177
1,412
1,647
2,354
Fmt 4702
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2025
$270
585
585
585
961
1,201
1,440
1,680
2,401
E:\FR\FM\26JAP1.SGM
$276
597
597
597
980
1,225
1,469
1,714
2,449
26JAP1
2026
$281
609
609
609
1,000
1,249
1,498
1,748
2,498
2027
$287
621
621
621
1,020
1,274
1,528
1,783
2,548
Federal Register / Vol. 88, No. 17 / Thursday, January 26, 2023 / Proposed Rules
(3) For all such compositions in the
repertory of SESAC, the royalty rates
shall be as follows:
4933
(i) Music fees for stations with >=20%
Feature Music programming:
TABLE 5 TO PARAGRAPH (d)(3)(i)
Population count
Level
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
9
.................
.................
.................
.................
.................
.................
.................
.................
.................
2023
0–24,999 ............................................
25,000–249,000 .................................
250,000–499,999 ...............................
500,000–999,999 ...............................
1,000,000–1,499,999 .........................
1,500,000–1,999,999 .........................
2,000,000–2,499,999 .........................
2,500,000–2,999,999 .........................
3,000,000 and above .........................
2024
$189
189
315
473
630
789
945
1,104
1,577
2025
$192
192
321
482
643
805
964
1,126
1,608
2026
$196
196
328
492
656
821
983
1,149
1,640
2027
$200
200
334
502
669
837
1,003
1,172
1,673
$204
204
341
512
682
854
1,023
1,195
1,707
(ii) Talk fees for stations with <20%
Feature Music programming:
TABLE 6 TO PARAGRAPH (d)(3)(ii)
Population count
lotter on DSK11XQN23PROD with PROPOSALS1
Level
Level
Level
Level
Level
Level
Level
Level
Level
1
2
3
4
5
6
7
8
9
.................
.................
.................
.................
.................
.................
.................
.................
.................
0–24,999 ............................................
25,000–249,000 .................................
250,000–499,999 ...............................
500,000–999,999 ...............................
1,000,000–1,499,999 .........................
1,500,000–1,999,999 .........................
2,000,000–2,499,999 .........................
2,500,000–2,999,999 .........................
3,000,000 and above .........................
(4) For all such compositions in the
repertory of GMR, the royalty rates shall
be as follows:
(i) For a public broadcasting entity
within the scope of this section that is
broadcasting one or more radio stations
as of January 1, 2023, a single $50 fee
for each such station for the entire fiveyear license term from 2023 through
2027; and
(ii) For a public broadcasting entity
within the scope of this section that
begins broadcasting a radio station after
January 1, 2023 but before December 31,
2027, a pro-rated amount equal to $10
multiplied by the number of full or
partial years remaining in the 2023–
2027 license term as of the date on
which the radio station begins
broadcasting (e.g., a public broadcasting
entity that begins broadcasting a radio
station in 2025 shall pay $30 for that
station for the remainder of the term);
(5) For the performance of all other
such compositions, from 2023 through
2027, $1.
(e) Payment of royalty rate–(1)
ASCAP, BMI, and SESAC. The public
broadcasting entity shall pay the
required royalty rate to ASCAP, BMI
and SESAC not later than January 31 of
each year. Each annual payment shall be
accompanied by a signed declaration
VerDate Sep<11>2014
2023
16:54 Jan 25, 2023
Jkt 259001
2024
$130
189
189
189
221
276
331
386
552
2025
$133
192
192
192
225
282
337
394
563
stating the Population Count of the
public broadcasting entity and the
source for such Population Count. An
exact copy of such declaration shall be
furnished to each of ASCAP, BMI and
SESAC. Upon prior written notice
thereof from ASCAP, BMI or SESAC, a
public broadcasting entity shall make its
books and records relating to its
Population Count available for
inspection. In the event that a public
broadcasting entity wishes to be deemed
a Talk Format Station, then such entity
shall provide a signed declaration
stating that Feature Music is performed
in less than 20% of its annual
programming and that it complies with
the caps set forth in paragraph (b)(4) of
this section. An exact copy of such
declaration shall be furnished to each of
ASCAP, BMI and SESAC. Upon prior
written notice thereof from ASCAP, BMI
or SESAC, a public broadcasting entity
shall make its program schedule or
other documentation supporting its
eligibility as a Talk Format Station
available for inspection.
(2) GMR. For fees due pursuant to
paragraph (d)(4)(i) of this section, the
public broadcasting entity shall pay the
required royalty rate to GMR not later
than January 31, 2023. For fees due
pursuant to paragraph (d)(4)(ii) of this
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2026
$135
196
196
196
229
287
344
402
574
2027
$138
200
200
200
234
293
351
410
586
$141
204
204
204
239
299
358
418
597
section, the public broadcasting entity
shall pay the required royalty rate to
GMR not later than 60 days after the
public broadcasting entity begins to
broadcast the radio station for which
such fee is due. If a fee is paid pursuant
to paragraph (d)(4)(i) or (ii) of this
section for a radio station and that
station changes ownership during the
course of the license term but continues
to fall within the scope of this section,
no additional fee shall be due for that
station during the 2023–2027 license
term.
(f) Records of use. A public
broadcasting entity subject to this
section shall furnish to ASCAP, BMI,
SESAC, and GMR, upon request, a
music-use report during one week of
each calendar year. ASCAP, BMI,
SESAC, and GMR each shall not in any
one calendar year request more than 10
stations to furnish such reports.
■ 6. In § 381.7, revise paragraphs (a)
through (c), and (e) to read as follows:
§ 381.7
Recording rights, rates, and terms.
(a) Scope. This section establishes
rates and terms for the recording of
nondramatic performances and displays
of musical works, other than
compositions subject to voluntary
license agreements, on and for the radio
and television programs of public
E:\FR\FM\26JAP1.SGM
26JAP1
4934
Federal Register / Vol. 88, No. 17 / Thursday, January 26, 2023 / Proposed Rules
broadcasting entities, whether or not in
synchronization or timed relationship
with the visual or aural content, and for
the making, reproduction, and
distribution of copies and phonorecords
of public broadcasting programs
containing such nondramatic
performances and displays of musical
works solely for the purpose of
transmission by public broadcasting
entities, including transmission via the
internet by PBS and NPR. The rates and
terms established in this schedule
include the making of the reproductions
described in 17 U.S.C. 118(c)(3).
(b) Royalty rate. (1)(i) For uses
described in paragraph (a) of this
section of a musical work in a PBSdistributed program, the royalty fees
shall be calculated by multiplying the
following per-composition rates by the
number of different compositions in that
PBS-distributed program:
2023–2027
(A) Feature .....................
(B) Concert feature (per
minute) ........................
(C) Background ..............
(D) Theme: .....................
(1) Single program or
first series program .....
(2) Other series program
$121.07
36.36
61.19
..............................
61.19
24.84
Public Radio’’ programs include all
programs produced in whole or in part
by NPR, or by any NPR station or
organization under contract with NPR.
2023–2027
(i) Feature .......................
(ii) Concert feature (per
minute) ........................
(iii) Background ...............
(iv) Theme: .....................
(A) Single program or
first series program .....
(B) Other series program
$13.11
19.24
6.56
..............................
6.56
2.62
(3) For purposes of this schedule, a
‘‘Concert Feature’’ shall be deemed to be
the nondramatic presentation in a
program of all or part of a symphony,
concerto, or other serious work
originally written for concert
performance, or the nondramatic
presentation in a program of portions of
a serious work originally written for
opera performance.
(4) For such uses other than in an
NPR-produced radio program:
2023–2027
(i) Feature .......................
(ii) Feature (concert) (per
half hour) .....................
(iii) Background ...............
lotter on DSK11XQN23PROD with PROPOSALS1
(ii) For such uses other than in a PBSdistributed television program, the
royalty fee shall be calculated by
multiplying the following percomposition rates by the number of
different compositions in that program:
$.83
1.72
.42
(5) The schedule of fees covers use for
a period of three years following the
first use. Succeeding use periods will
require the following additional
payment: Additional one-year period—
25 percent of the initial three-year fee;
second three-year period—50 percent of
2023–2027
the initial three-year fee; each three-year
(A) Feature .....................
$10.01 fee thereafter—25 percent of the initial
(B) Concert feature (per
three-year fee; provided that a 100
minute) ........................
2.63 percent additional payment prior to the
(C) Background ..............
4.35 expiration of the first three-year period
(D) Theme: ..................... ..............................
will cover use during all subsequent use
(1) Single program or
first series program .....
4.35 periods without limitation. Such
(2) Other series program
1.73 succeeding uses which are subsequent
to December 31, 2022, shall be subject
to the royalty rates established in this
(iii) In the event the work is first
recorded other than in a PBS-distributed schedule.
(6) For each use licensed herein
program, and such program is
pursuant to paragraphs (b)(1)(i) and
subsequently distributed by PBS, an
(b)(2) of this section for transmission via
additional royalty payment shall be
the internet, the royalty fees shall
made equal to the difference between
include a pro-rata share of $2,000 per
the rate specified in this section for
calendar year, which share shall be
other than a PBS-distributed program
and the rate specified in this section for determined by calculating the aggregate
amount of royalty fees earned during
a PBS-distributed program.
that calendar year and dividing the sum
(2) For uses licensed herein of a
by the amount of royalty fees earned for
musical work in a NPR program, the
each use.
royalty fees shall be calculated by
(c) Payment of royalty rates. The
multiplying the following perrequired royalty due under paragraphs
composition rates by the number of
(b)(1), (b)(2), and (b)(4) of this section
different compositions in any NPR
shall be paid to each known copyright
program distributed by NPR. For
owner not later than July 31 of each
purposes of this schedule ‘‘National
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16:54 Jan 25, 2023
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Sfmt 4702
calendar year for uses during the first
six months of that calendar year, and
not later than January 31 for uses during
the last six months of the preceding
calendar year. The required royalty due
under paragraph (b)(6) of this section for
each calendar year of the statutory
license term shall be paid to each
known copyright owner not later than
March 31 of each following year for
PBS- or NPR-distributed uses via the
internet during the preceding calendar
year.
*
*
*
*
*
(e) Filing of use reports with the
Copyright Royalty Judges. Deposit of cue
sheets or summaries. PBS and its
stations, NPR, or other television public
broadcasting entity shall deposit with
the Copyright Royalty Judges via online
filing in eCRB one electronic copy of
their standard music cue sheets or
summaries of same listing the recording
pursuant to this schedule of the musical
works of copyright owners. Such cue
sheets or summaries shall be deposited
not later than July 31 of each calendar
year for recordings during the first six
months of the calendar year and not
later than January 31 of each calendar
year for recordings during the second
six months of the preceding calendar
year. PBS and NPR shall maintain at
their offices copies of all standard music
cue sheets from which such music use
reports are prepared. Such music cue
sheets shall be furnished to the
Copyright Royalty Judges upon their
request and also shall be available
during regular business hours at the
offices of PBS or NPR for examination
by a copyright owner who believes a
musical composition of such owner has
been recorded pursuant to this
schedule.
§ 381.8
[Amended]
7. In § 381.8:
a. In paragraph (b)(1), add the words
‘‘not otherwise licensed by the
copyright owner’’ at the end of the
introductory text;
■ b. In paragraphs (b)(1)(i) and (ii),
remove the year ‘‘2013–2017’’ and add
in its place the year ‘‘2023–2027’’;
■ c. In paragraph (d)(1) add the words
‘‘, upon request,’’ after ‘‘shall maintain
and’’; and
■ d. In paragraph (f)(1) remove the year
‘‘2017’’ and add in its place the year
‘‘2027’’.
■ 8. Revise § 381.10 to read as follows:
■
■
§ 381.10
Cost of living adjustment.
(a) On or before December 1, 2023, the
Copyright Royalty Judges shall publish
in the Federal Register a notice of the
change in the cost of living as
determined by the Consumer Price
E:\FR\FM\26JAP1.SGM
26JAP1
Federal Register / Vol. 88, No. 17 / Thursday, January 26, 2023 / Proposed Rules
Index (all consumers, all items) during
the period from the most recent Index
published prior to December 1, 2022, to
the most recent Index published prior to
December 1, 2023. On or before each
December 1 thereafter the Copyright
Royalty Judges shall publish a notice of
the change in the cost of living during
the period from the most recent index
published prior to the previous notice,
to the most recent Index published prior
to December 1, of that year.
(b) On the same date of the notices
published pursuant to paragraph (a) of
this section, the Copyright Royalty
Judges shall publish in the Federal
Register a revised schedule of the rates
for § 381.5(c)(3) and (4), the rate to be
charged for compositions in the
repertory of SESAC and GMR, which
shall adjust the royalty amounts
established in a dollar amount
according to the greater of:
(1) The change in the cost of living
determined as provided in paragraph (a)
of this section; or
(2) One-and-a-half percent (1.5%).
(3) Such royalty rates shall be fixed at
the nearest dollar.
(c) The adjusted schedule for the rates
for § 381.5(c)(3) and (4) shall become
effective thirty (30) days after
publication in the Federal Register.
Dated: January 19, 2022.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023–01521 Filed 1–25–23; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2022–0477; FRL–10516–
01–R5]
Air Plan Approval; Ohio; Sulfur Dioxide
Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve,
under the Clean Air Act (CAA), revised
sulfur dioxide (SO2) regulations
submitted by Ohio on May 23, 2022.
Ohio updated its regulations to correct
facility information which has changed,
remove requirements for shutdown
facilities and units, update references,
consolidate county-wide requirements,
address style changes, and revise
requirements for the Veolia Fort Hill
plant in Miami, Ohio and DTE St.
Bernard facility in Cincinnati, Ohio.
lotter on DSK11XQN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:54 Jan 25, 2023
Jkt 259001
EPA believes that the revisions improve
the clarity of the rules without affecting
the stringency and therefore is
proposing to approve the submitted
revisions with exception of selected
paragraphs in Ohio Administrative Code
(OAC) Chapter 3745–18.
DATES: Comments must be received on
or before February 27, 2023.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2022–0477 at https://
www.regulations.gov, or via email to
blakley.pamela@epa.gov@epa.gov. For
comments submitted at Regulations.gov,
follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. For either manner
of submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. EPA will generally not consider
comments or comment contents located
outside of the primary submission (i.e.,
on the web, cloud, or other file sharing
system). For additional submission
methods, please contact the person
identified in the FOR FURTHER
INFORMATION CONTACT section. For the
full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Tyler Salamasick, Life Scientist, Control
Strategies Section, Air Programs Branch
(AR–18J), Environmental Protection
Agency, Region 5, 77 West Jackson
Boulevard, Chicago, Illinois 60604,
(312) 886–6206, salamasick.tyler@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA.
I. Background
Ohio law requires a five-year review
of all regulations in which the state
cleans up and clarifies existing rules.
Ohio conducted a review of OAC
Chapter 3745–18 ‘‘Sulfur Dioxide
Regulations’’ that contains Ohio’s air
emission regulations for SO2 and
includes both generally applicable rules
and county specific rules. The state
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4935
revised the rules to correct facility
information which has changed, remove
requirements for shutdown facilities
and units, update references,
consolidate county-wide requirements,
address style changes, remove facilityspecific requirements for the DTE St.
Bernard facility in Cincinnati, Ohio, and
revise requirements for the Veolia Fort
Hill plant in Miami, Ohio. On May 23,
2022, Ohio submitted the revised rule to
EPA as a revision to Ohio’s state
implementation plan (SIP). Ohio held a
public hearing on the revised rule on
December 16, 2021. Ohio provided a
summary of the comments received and
its responses to the comments.
II. EPA Review
EPA has reviewed Ohio’s submitted
revised SO2 rules as discussed below.
Ohio revised OAC 3745–18–01
‘‘Definitions and incorporation by
reference’’ to update the Code of Federal
Regulations publication dates.
Throughout the rule, Ohio updated
facility information, such as names and
addresses, and revised rule language to
reflect changes in style. These updates
are merely administrative and do not
change the requirements of the rule.
Ohio promulgated a new chapter,
OAC 3745–18–02, ‘‘General countywide
emission limits.’’ This rule does not
create new requirements, but rather
consolidates the countywide emission
limits previously contained in county
specific rules. Correspondingly, Ohio
rescinded the county specific rules that
had been incorporated into the general
countywide emission limits and
contained no facility specific
information. These revisions do not
change the applicable requirements of
the rules.
Ohio removed facility information for
the facilities and emissions units that
were permanently shut down. The
removal of obsolete emission limits for
units that have permanently closed and
for which the permits to operate have
been revoked does not indicate
permission to increase emissions. If the
facilities were to restart operations,
Ohio would require a new permit-toinstall, which would establish new
emissions limits based on the current
SO2 standard.
Ohio removed the facility-specific
requirements in OAC 3745–18–37(GG)
for the DTE St. Bernard facility. These
requirements were originally
promulgated to regulate sulfur
emissions from coal fired boilers in use
at the facility. DTE St. Bernard removed
the remaining coal fired boiler and
replaced it with a natural gas boiler.
DTE St. Bernard’s state permit now
requires the facility to only use natural
E:\FR\FM\26JAP1.SGM
26JAP1
]]>Agencies
[Federal Register Volume 88, Number 17 (Thursday, January 26, 2023)]
[Proposed Rules]
[Pages 4928-4935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01521]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 21-CRB-0002-PBR (2023-2027)]
Determination of Rates and Terms for Public Broadcasting (PB IV)
AGENCY: Copyright Royalty Board (CRB), Library of Congress.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges solicit comments on proposed
rates and terms for use of certain works in connection with
noncommercial broadcasting for the period from January 1, 2023, through
December 31, 2027.
DATES: Comments and objections, if any, are due on or before February
27, 2023.
ADDRESSES: You may submit comments and objections, identified by docket
number 21-CRB-0002-PBR (2023-2027), online through eCRB at https://app.crb.gov.
Instructions: To send your comment through eCRB, if you don't have
a user account, you will first need to register for an account and wait
for your registration to be approved. Approval of user accounts is only
available during business hours. Once you have an approved account, you
can only sign in and file your comment after setting up multi-factor
authentication, which can be done at any time of day. All comments must
include the Copyright Royalty Board name and the docket number for this
proposed rule. All properly filed comments will appear without change
in eCRB at https://app.crb.gov, including any personal information
provided.
Docket: For access to the docket to read background documents or
comments received, go to eCRB, the Copyright Royalty Board's electronic
filing and case management system, at https://app.crb.gov/, and search
for docket number 21-CRB-0002-PBR (2023-2027).
FOR FURTHER INFORMATION CONTACT: Anita Brown, CRB Program Specialist,
(202) 707-7658, [email protected].
SUPPLEMENTARY INFORMATION:
Background
Section 118 of the Copyright Act, title 17 of the United States
Code, establishes a statutory license for the use of certain
copyrighted works in connection with noncommercial television and radio
broadcasting. Chapter 8 of the Copyright Act requires the Copyright
Royalty Judges (Judges) to conduct proceedings every five years to
determine the rates and terms for the section 118 license. 17 U.S.C.
801(b)(1), 804(b)(6). In accordance with section 804(b)(6), the Judges
commenced the proceeding to set rates and terms for the period 2023-
2027 on January 5, 2021. (86 FR 325).
[[Page 4929]]
In the Federal Register notice, the Judges requested that
interested parties submit petitions to participate. 86 FR 325 (January
5, 2021). Petitions to Participate (PTPs) were received from: The
American Society of Authors, Composers and Publishers (ASCAP); SESAC
Performing Rights, LLC (SESAC); Broadcast Music, Inc. (BMI);
Educational Media Foundation (EMF); Corporation for Public Broadcasting
(CPB), National Public Radio (NPR), and the Public Broadcasting Service
(PBS), jointly (the Public Broadcasting Entities (PBE)); National
Religious Broadcasters Noncommercial Music License Committee NRBNMLC);
the Church Music Publishers' Association (CMPA); The Harry Fox Agency
(HFA); Global Music Rights, LLC (GMR); and David Powell.
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 written direct statements no later than September 10, 2021.
Notice of Participants, Commencement of Voluntary Negotiation Period,
and Case Scheduling Order (Feb. 9, 2021). The Judges amended the case
schedule four times to accommodate ongoing negotiations. See Order
Granting Joint Motion to Postpone Submission of Written Direct
Statements (Dec. 1, 2021). In July 2021, September 2021, November 2021,
and December 2022 participants filed notices of settlement and proposed
rates and terms for adoption \1\. No participant filed a written direct
statement.
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\1\ The Judges received no notice of settlement or proposed
rates and terms from participant David Powell.
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There are two ways copyright owners and public broadcasting
entities \2\ may negotiate rates and terms under the section 118
statutory license. First, copyright owners may negotiate rates and
terms with specific public broadcasting entities for the use of all of
the copyright owners' works covered by the license. Section 118(b)(2)
provides that such license agreements ``shall be given effect in lieu
of any determination by the * * * Copyright Royalty Judges,'' provided
that copies of the agreement are submitted to the Judges ``within 30
days of execution.'' 17 U.S.C. 118(b)(2). The Judges received five
agreements in this category for which no further action is required.\3\
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\2\ A ``public broadcasting entity'' is defined as a
``noncommercial educational broadcast station as defined in section
397 of title 47 and any nonprofit institution or organization
engaged in the activities described in paragraph (2) of subsection
(c)'' of section 118. 17 U.S.C. 118(f).
\3\ The Judges received agreements with PBE from BMI, HFA,
SESAC, ASCAP, and GMR on October 29, 2021; November 2, 2021;
November 2, 2021; January 28, 2022, and December 29, 2022,
respectively.
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Second, copyright owners and public broadcasting entities may
negotiate rates and terms for categories of copyrighted works and uses
that would be binding on all owners and entities using the same license
and submit them to the Judges for approval. Section 801(b)(7)(A) of the
Copyright Act authorizes the Judges to adopt 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. This section provides that the Judges shall provide notice
and an opportunity to comment on the agreement to (1) those that would
be bound by the terms, rates, or other determination set by the
agreement and (2) participants in the proceeding that would be bound by
the terms, rates, or other determination set by the agreement. In
addition, the Judges shall provide participants in the proceeding the
opportunity to object to its adoption as a basis for statutory rates
and terms. See section 801(b)(7)(A). The Judges may decline to adopt
the agreement as a basis for statutory terms and rates for participants
not party to the agreement if any participant objects and the Judges
conclude that the agreement does not provide a reasonable basis for
setting statutory terms or rates. Id.
The Judges received negotiated rates and terms from ASCAP (Jul. 2,
2021), BMI (May 17, 2021), GMR (Sept. 9, 2021) and SESAC (Sept. 3,
2021), and jointly from all four (Dec. 7, 2022) regarding rates for
compositions in their repertories by certain public broadcasters \4\;
and from NRBNMLC jointly with ASCAP (Sept. 9, 2021), BMI (Sept. 10,
2021), GMR (Sept. 9, 2021, and Dec, 7, 2022)), SESAC (Sept. 10, 2021)
and HFA (June 21, 2021) regarding rates for compositions in their
repertories by certain other public broadcasters.\5\
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\4\ The joint proposal aggregates the separate proposals and is
to be considered in place of them. See Joint Proposal at 1 n.1.
\5\ The Judges already published for comment the proposed rates
and terms the Judges received early in 2021 from three participants.
See 86 FR 34674 (Jul. 1, 2021) (BMI proposal); 86 FR 34676 (Jul. 1,
2021) (HFA/NRBNMLC proposal). The comment period has ended, and the
Judges received no comments. To minimize confusion that may occur
from issuing more than one final rule, those proposed rates are
repeated in the regulatory language of this proposed rule and the
Judges do not seek comment on them.
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ASCAP, BMI, GMR, and SESAC Joint Proposal
The joint proposal of ASCAP,\6\ BMI, GMR, and SESAC proposes to
modify the royalty rates set forth in Sec. 381.5. The rates proposed
regarding ASCAP reflect a modification of the fees in different rate
tiers. Joint Proposal at 4, App. A. The SESAC submission retains a flat
rate, which it proposes adjusting, starting in 2023, by the change in
the Consumer Price Index or one-and-a-half percent, whichever is
greater. SESAC Proposal App. A.
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\6\ The joint proposal is supported by the National Association
of College and University Business Officers (NACUBO) and implicitly
by the American Council on Education (ACE). Joint Proposal at 3 n.2.
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The GMR proposals add a section for compositions in its repertory
that provide for an initial rate for 2023; provide for adjusting that
rate, starting in 2024, by the change in the Consumer Price Index or
one-and-a-half percent, whichever is greater; add a term providing rate
options for certain entities broadcasting primarily in a religious
format; and add references to GMR in paragraphs related to the rates.
See Joint PROs Proposal. App. A at 9.\7\
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\7\ The Joint PROs Proposal was filed subsequent to GMR's motion
of December 2, 2022, requesting amendments to Sec. Sec. 381.1,
381.5, and 381.10, and thus the motion is DENIED as moot.
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NRBNMLC Joint Proposals
The joint proposals entered into by NRBNMLC and each of ASCAP, BMI,
GMR, and SESAC \8\ propose adjusting the rates and structure in (ASCAP,
BMI, SESAC), and adding some rates to (GMR), the current provisions set
forth in Sec. 381.6, and replacing ``January 1, 2018'' with ``January
1, 2023'' and ``December 31, 2022'' with ``December 31, 2027'' in Sec.
381.1.\9\ ASCAP and NRBNMLC Joint proposal at 3; BMI and NRBNMLC Joint
proposal at 5; SESAC and NRBNMLC Joint proposal at 3; GMR and NRBNMLC
Joint proposal at 4.
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\8\ All proposals mention that EMF joins in the proposals. The
ASCAP and NRBNMLC joint proposal mention that Church Music
Publishers Association., Inc., supports the proposal.
\9\ Proposed changes to Sec. 381.7(b)(4) pursuant to a joint
proposal from HFA and NRBNMLC were published on June 30, 2021, and
are published again here, not for comment but rather in order to
include all proposed changes to Sec. 381 in one document.
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Three of the four joint proposals (those from NRBNMLC and ASCAP,
SESAC, and GMR) propose a revision to 381.6(4) to add the words ``in
the aggregate''. All participants proposing the revision later agree
that the revision is not necessary, NRBNMLC being the only one bound by
that provision. NRBNMLC supports the language change, but would not
object to maintaining the current language if the
[[Page 4930]]
published document of the rates makes clear ``that the $1 fee is a one-
time aggregate fee that merely ensures universal rate coverage, not a
fee assessed multiple times.'' See Response of the NRBNMLC to the CRJ's
Order 6 . . . at 4-5 (Dec, 7, 2022). The Judges have thus hereby stated
the clarification from the NRBNMLC in this supplementary information.
PBE Joint Proposals
The Judges received a joint proposal from PBE and HFA to modify the
fees in Sec. 381.7 for uses that would be binding on all owners and
entities using the same license.
The Judges received a joint proposal from CPB and PBS to continue
the existing rates in Sec. 381.8 for the use of and making
reproductions of published pictorial, graphic, and sculptural works,
and to make changes to the terms regarding when those rates apply and
related reporting requirements.\10\
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\10\ Corporation for Public Broadcasting (CPB), National Public
Radio (NPR), and Public Broadcasting Service (PBS) filed a ``Joint
petition'' to participate in this proceeding, as petitioners with
similar interests under the designation Public Broadcasting Entities
(PBE), pursuant to 37 CFR 351.1(b)(1)(ii). The participants that
submitted the joint proposal, CPB and PBS, share similar interests,
but the Judges do not presume or find that they share identical
interests. Under the present circumstances, the Judges consider the
CPB and PBS proposal pursuant to section 801(b)(7)(A).
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Proposal re Format of Cue Sheets and Summaries
The Judges propose technical revisions to Sec. Sec. 381.7(e) and
381.8(e)(1) to require online filing of cue sheets or summaries in lieu
of submissions of electronic copies on compact disk or floppy diskette.
This change would conform these sections with Sec. 303.5(a) that
generally requires online filing of documents in eCRB.
As noted above, the members of the public may comment on, and
participants in this rate proceeding may comment on and object to, any
or all of the proposed regulations and the proposed technical revision
contained in this document.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television, Rates.
Proposed Regulations
For the reasons set forth in the preamble, the Copyright Royalty
Judges propose to amend part 381 to chapter III of title 37 of the Code
of Federal Regulations as set forth below:
PART 381--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING
0
1. The authority citation for part 381 continues to read as follows:
Authority: 17 U.S.C. 118, 801(b)(1) and 803.
Sec. 381.1 [Amended]
0
2. In Sec. 381.1, remove they year ``2018'' and add in its place the
year ``2023'', and remove the year ``2022'' and add in its place the
year ``2027''.
0
3. In Sec. 381.4, revise paragraphs (a) and (c) a to read as follows:
Sec. 381.4 Performance of musical compositions by PBS, NPR and other
public broadcasting entities engaged in the activities set forth in 17
U.S.C. 118(c).
(a) Determination of royalty rate. The following rates and terms
shall apply to the performance by the Public Broadcasting Service
(PBS), National Public Radio (NPR) and other public broadcasting
entities engaged in activities set forth in 17 U.S.C. 118(c) of
copyrighted published nondramatic musical compositions, except for
public broadcasting entities covered by Sec. Sec. 381.5 and 381.6, and
except for compositions which are the subject of voluntary license
agreements: The royalty shall be $1.
* * * * *
(c) Records of use. PBS and NPR shall, upon the request of a
copyright owner of a published musical work who believes a musical
composition of such owner has been performed under the terms of this
schedule, permit such copyright owner a reasonable opportunity to
examine their standard cue sheets listing the nondramatic performances
of musical compositions on PBS and NPR programs. Any local PBS and NPR
station that shall be required by the provisions of any voluntary
license agreement with American Society of Authors, Composers and
Publishers (ASCAP), Broadcast Music, Inc. (BMI), Global Music Rights,
LLC (GMR) or SESAC Performing Rights, LLC (SESAC) covering the license
period January 1, 2023, to December 31, 2027, to provide a music use
report shall, upon request of a copyright owner who believes a musical
composition of such owner has been performed under the terms of this
schedule, permit such copyright owner to examine the report.
0
4. In Sec. 381.5, revise paragraphs (c) through (e) to read as
follows:
Sec. 381.5 Performance of musical compositions by public broadcasting
entities licensed to colleges and universities.
* * * * *
(c) Royalty rate. A public broadcasting entity within the scope of
this section may perform published nondramatic musical compositions
subject to the following schedule of royalty rates:
(1) For all such compositions in the repertory of ASCAP, the
royalty rates shall be as follows:
(i) Music Fees.
Table 1 to Paragraph (c)(1)(i)
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Number of full-
time students 2023 2024 2025 2026 2027
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Level 1................................................. < 1,000 $390 $400 $410 $421 $432
Level 2................................................. 1,000-4,999 451 463 475 487 500
Level 3................................................. 5,000-9,999 619 635 652 669 686
Level 4................................................. 10,000-19,999 801 822 843 865 887
Level 5................................................. 20,000 + 1,009 1,035 1,062 1,090 1,118
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(ii) Level 1 rates as set forth in paragraph (c)(1)(i) of this
section, shall also apply to College Radio Stations with an authorized
effective radiated power (ERP), as that term is defined in 47 CFR
73.310(a), of 100 Watts or less, as specified on its current (Federal
Communications Commission (FCC) license, regardless of the size of the
student population.
[[Page 4931]]
(2) For all such compositions in the repertory of BMI, the royalty
rates shall be as follows:
(i) Music fees.
Table 2 to Paragraph (c)(2)(i)
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Number of full-
time students 2018 2019 2020 2021 2022
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Level 1................................................. <1,000 $390 $400 $410 $421 $432
Level 2................................................. 1,000-4,999 451 463 475 487 500
Level 3................................................. 5,000-9,999 619 635 652 669 686
Level 4................................................. 10,000-19,999 801 822 843 865 887
Level 5................................................. 20,000 + 1,009 1,035 1,062 1,090 1,118
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(ii) Level 1 rates, as set forth in paragraph (c)(2)(i) of this
section, shall also apply to College Radio Stations with an authorized
effective radiated power (ERP), as that term is defined in 47 CFR
73.310(a), of 100 Watts or less, as specified on its current FCC
license, regardless of the size of the student population.
(3) For all such compositions in the repertory of SESAC, the
royalty rates shall be as follows:
(i) 2023: The 2022 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section.
(ii) 2024: The 2023 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section.
(iii) 2025: The 2024 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section.
(iv) 2026: The 2025 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section.
(v) 2027: The 2026 rate, subject to an annual cost of living
adjustment in accordance with paragraph (c)(3)(vi) of this section.
(vi) Such cost of living adjustment to be made in accordance with
the greater of:
(A) The change, if any, in the Consumer Price Index (all consumers,
all items) published by the U.S. Department of Labor, Bureau of Labor
Statistics during the twelve (12) month period from the most recent
Index, published before December 1 of the year immediately prior to the
applicable year; or
(B) One and one-half percent (1.5%).
(4) For all such compositions in the repertory of GMR, the royalty
rates shall be as follows:
(i) 2023: $174.00 per station, subject to an annual cost of living
adjustment in accordance with Sec. 381.10.
(ii) 2024: The 2023 rate, subject to an annual cost of living
adjustment in accordance with Sec. 381.10.
(iii) 2025: The 2024 rate, subject to an annual cost of living
adjustment in accordance with Sec. 381.10.
(iv) 2026: The 2025 rate, subject to an annual cost of living
adjustment in accordance with Sec. 381.10.
(v) 2027: The 2026 rate, subject to an annual cost of living
adjustment in accordance with Sec. 381.10.
(vi) For stations broadcasting primarily in a religious format
(including, without limitation, Contemporary Christian music, praise
and worship, Gospel, Southern Gospel, Spanish religious music,
inspirational, religious, etc.), at their option for 2023-2027, either
the rates set forth in paragraph (c)(4) of this section or the rates
set forth in Sec. 381.6(d)(4).
(5) For the performance of all other such compositions: $1.
(d) Payment of royalty rate. The public broadcasting entity shall
pay the required royalty rate to ASCAP, BMI, SESAC, and GMR not later
than January 31 of each year. Each annual payment to ASCAP, BMI, SESAC,
and GMR shall be accompanied by a signed declaration stating the number
of full-time students enrolled in the educational entity operating the
station and/or the effective radiated power (ERP) as specified in its
current FCC license. An exact copy of such declaration shall be
furnished to each of ASCAP, BMI, SESAC, and GMR.
(e) Records of use. A public broadcasting entity subject to this
section shall furnish to ASCAP, BMI, SESAC, and GMR upon request, a
music-use report during one week of each calendar year. ASCAP, BMI,
SESAC, and GMR shall not in any one calendar year request more than 10
stations to furnish such reports.
0
5. Amend Sec. 381.6 by revising paragraphs (d) through (f) to read as
follows:
Sec. 381.6 Performance of musical compositions by other public
broadcasting entities.
* * * * *
(d) Royalty rate. A public broadcasting entity within the scope of
this section may perform published nondramatic musical compositions
subject to the following schedule of royalty rates:
(1) For all such compositions in the repertory of ASCAP, the
royalty rates shall be as follows:
(i) Music Fees (Stations with 20% or more programming containing
Feature Music):
Table 1 to Paragraph (d)(1)(i)
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Calendar years
Population count -------------------------------------------------------------------------------
2023 2024 2025 2026 2027
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Level 1................................... 0-24,999.................... $574 $585 $597 $609 $621
Level 2................................... 25,000-249,999.............. 754 769 784 800 816
Level 3................................... 250,000-499,999............. 1,346 1,373 1,400 1,428 1,457
Level 4................................... 500,000-999,999............. 2,017 2,057 2,098 2,140 2,183
Level 5................................... 1,000,000-1,499,999......... 2,691 2,745 2,800 2,856 2,913
Level 6................................... 1,500,000-1,999,999......... 3,363 3,430 3,499 3,569 3,640
Level 7................................... 2,000,000-2,499,999......... 4.035 4,116 4,198 4,282 4.368
Level 8................................... 2,500,000-2,999,999......... 4,708 4,802 4,898 4,996 5,096
[[Page 4932]]
Level 9................................... 3,000,000 and above......... 6,726 6,861 6,998 7,138 7,280
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(ii) Talk Format Station Fees (Stations with <20% Feature Music
programming):
Table 2 to Paragraph (d)(1)(ii)
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Calendar years
Population count -------------------------------------------------------------------------------
2023 2024 2025 2026 2027
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Level 1................................... 0-24,999.................... $265 $270 $276 $281 $287
Level 2................................... 25,000-249,000.............. 574 585 597 609 621
Level 3................................... 250,000-499,999............. 574 585 597 609 621
Level 4................................... 500,000-999,999............. 574 585 597 609 621
Level 5................................... 1,000,000-1,499,999......... 942 961 980 1,000 1,020
Level 6................................... 1,500,000-1,999,999......... 1,177 1,201 1,225 1,249 1,274
Level 7................................... 2,000,000-2,499,999......... 1,412 1,440 1,469 1,498 1,528
Level 8................................... 2,500,000-2,999,999......... 1,647 1,680 1,714 1,748 1,783
Level 9................................... 3,000,000 and above......... 2,354 2,401 2,449 2,498 2,548
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(2) For all such compositions in the repertory of BMI, the royalty
rates shall be as follows:
(i) Music Fees (Stations with 20% or more programming containing
Feature Music):
Table 3 to Paragraph (d)(2)(i)
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Calendar years
Population count -------------------------------------------------------------------------------
2023 2024 2025 2026 2027
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Level 1................................... 0-24,999.................... $574 $585 $597 $609 $621
Level 2................................... 25,000-249,000.............. 754 769 784 800 816
Level 3................................... 250,000-499,999............. 1,346 1,373 1,400 1,428 1,457
Level 4................................... 500,000-999,999............. 2,017 2,057 2,098 2,140 2,183
Level 5................................... 1,000,000-1,499,999......... 2,691 2,745 2,800 2,856 2,913
Level 6................................... 1,500,000-1,999,999......... 3,363 3,430 3,499 3,569 3,640
Level 7................................... 2,000,000-2,499,999......... 4,035 4,116 4,198 4,282 4,368
Level 8................................... 2,500,000-2,999,999......... 4,708 4,802 4,898 4,996 5,096
Level 9................................... 3,000,000 and above......... 6,726 6,861 6,998 7,138 7,280
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(ii) Talk Format Station Fees (Stations with <20% Feature Music
programming):
Table 4 to Paragraph (d)(2)(ii)
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Calendar years
Population count -------------------------------------------------------------------------------
2023 2024 2025 2026 2027
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Level 1................................... 0-24,999.................... $265 $270 $276 $281 $287
Level 2................................... 25,000-249,000.............. 574 585 597 609 621
Level 3................................... 250,000-499,999............. 574 585 597 609 621
Level 4................................... 500,000-999,999............. 574 585 597 609 621
Level 5................................... 1,000,000-1,499,999......... 942 961 980 1,000 1,020
Level 6................................... 1,500,000-1,999,999......... 1,177 1,201 1,225 1,249 1,274
Level 7................................... 2,000,000-2,499,999......... 1,412 1,440 1,469 1,498 1,528
Level 8................................... 2,500,000-2,999,999......... 1,647 1,680 1,714 1,748 1,783
Level 9................................... 3,000,000 and above......... 2,354 2,401 2,449 2,498 2,548
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[[Page 4933]]
(3) For all such compositions in the repertory of SESAC, the
royalty rates shall be as follows:
(i) Music fees for stations with >=20% Feature Music programming:
Table 5 to Paragraph (d)(3)(i)
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Population count 2023 2024 2025 2026 2027
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Level 1................................... 0-24,999.................... $189 $192 $196 $200 $204
Level 2................................... 25,000-249,000.............. 189 192 196 200 204
Level 3................................... 250,000-499,999............. 315 321 328 334 341
Level 4................................... 500,000-999,999............. 473 482 492 502 512
Level 5................................... 1,000,000-1,499,999......... 630 643 656 669 682
Level 6................................... 1,500,000-1,999,999......... 789 805 821 837 854
Level 7................................... 2,000,000-2,499,999......... 945 964 983 1,003 1,023
Level 8................................... 2,500,000-2,999,999......... 1,104 1,126 1,149 1,172 1,195
Level 9................................... 3,000,000 and above......... 1,577 1,608 1,640 1,673 1,707
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(ii) Talk fees for stations with <20% Feature Music programming:
Table 6 to Paragraph (d)(3)(ii)
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Population count 2023 2024 2025 2026 2027
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Level 1................................... 0-24,999.................... $130 $133 $135 $138 $141
Level 2................................... 25,000-249,000.............. 189 192 196 200 204
Level 3................................... 250,000-499,999............. 189 192 196 200 204
Level 4................................... 500,000-999,999............. 189 192 196 200 204
Level 5................................... 1,000,000-1,499,999......... 221 225 229 234 239
Level 6................................... 1,500,000-1,999,999......... 276 282 287 293 299
Level 7................................... 2,000,000-2,499,999......... 331 337 344 351 358
Level 8................................... 2,500,000-2,999,999......... 386 394 402 410 418
Level 9................................... 3,000,000 and above......... 552 563 574 586 597
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(4) For all such compositions in the repertory of GMR, the royalty
rates shall be as follows:
(i) For a public broadcasting entity within the scope of this
section that is broadcasting one or more radio stations as of January
1, 2023, a single $50 fee for each such station for the entire five-
year license term from 2023 through 2027; and
(ii) For a public broadcasting entity within the scope of this
section that begins broadcasting a radio station after January 1, 2023
but before December 31, 2027, a pro-rated amount equal to $10
multiplied by the number of full or partial years remaining in the
2023-2027 license term as of the date on which the radio station begins
broadcasting (e.g., a public broadcasting entity that begins
broadcasting a radio station in 2025 shall pay $30 for that station for
the remainder of the term);
(5) For the performance of all other such compositions, from 2023
through 2027, $1.
(e) Payment of royalty rate-(1) ASCAP, BMI, and SESAC. The public
broadcasting entity shall pay the required royalty rate to ASCAP, BMI
and SESAC not later than January 31 of each year. Each annual payment
shall be accompanied by a signed declaration stating the Population
Count of the public broadcasting entity and the source for such
Population Count. An exact copy of such declaration shall be furnished
to each of ASCAP, BMI and SESAC. Upon prior written notice thereof from
ASCAP, BMI or SESAC, a public broadcasting entity shall make its books
and records relating to its Population Count available for inspection.
In the event that a public broadcasting entity wishes to be deemed a
Talk Format Station, then such entity shall provide a signed
declaration stating that Feature Music is performed in less than 20% of
its annual programming and that it complies with the caps set forth in
paragraph (b)(4) of this section. An exact copy of such declaration
shall be furnished to each of ASCAP, BMI and SESAC. Upon prior written
notice thereof from ASCAP, BMI or SESAC, a public broadcasting entity
shall make its program schedule or other documentation supporting its
eligibility as a Talk Format Station available for inspection.
(2) GMR. For fees due pursuant to paragraph (d)(4)(i) of this
section, the public broadcasting entity shall pay the required royalty
rate to GMR not later than January 31, 2023. For fees due pursuant to
paragraph (d)(4)(ii) of this section, the public broadcasting entity
shall pay the required royalty rate to GMR not later than 60 days after
the public broadcasting entity begins to broadcast the radio station
for which such fee is due. If a fee is paid pursuant to paragraph
(d)(4)(i) or (ii) of this section for a radio station and that station
changes ownership during the course of the license term but continues
to fall within the scope of this section, no additional fee shall be
due for that station during the 2023-2027 license term.
(f) Records of use. A public broadcasting entity subject to this
section shall furnish to ASCAP, BMI, SESAC, and GMR, upon request, a
music-use report during one week of each calendar year. ASCAP, BMI,
SESAC, and GMR each shall not in any one calendar year request more
than 10 stations to furnish such reports.
0
6. In Sec. 381.7, revise paragraphs (a) through (c), and (e) to read
as follows:
Sec. 381.7 Recording rights, rates, and terms.
(a) Scope. This section establishes rates and terms for the
recording of nondramatic performances and displays of musical works,
other than compositions subject to voluntary license agreements, on and
for the radio and television programs of public
[[Page 4934]]
broadcasting entities, whether or not in synchronization or timed
relationship with the visual or aural content, and for the making,
reproduction, and distribution of copies and phonorecords of public
broadcasting programs containing such nondramatic performances and
displays of musical works solely for the purpose of transmission by
public broadcasting entities, including transmission via the internet
by PBS and NPR. The rates and terms established in this schedule
include the making of the reproductions described in 17 U.S.C.
118(c)(3).
(b) Royalty rate. (1)(i) For uses described in paragraph (a) of
this section of a musical work in a PBS-distributed program, the
royalty fees shall be calculated by multiplying the following per-
composition rates by the number of different compositions in that PBS-
distributed program:
------------------------------------------------------------------------
2023-2027
------------------------------------------------------------------------
(A) Feature.......................................... $121.07
(B) Concert feature (per minute)..................... 36.36
(C) Background....................................... 61.19
(D) Theme:........................................... .................
(1) Single program or first series program........... 61.19
(2) Other series program............................. 24.84
------------------------------------------------------------------------
(ii) For such uses other than in a PBS-distributed television
program, the royalty fee shall be calculated by multiplying the
following per-composition rates by the number of different compositions
in that program:
------------------------------------------------------------------------
2023-2027
------------------------------------------------------------------------
(A) Feature.......................................... $10.01
(B) Concert feature (per minute)..................... 2.63
(C) Background....................................... 4.35
(D) Theme:........................................... .................
(1) Single program or first series program........... 4.35
(2) Other series program............................. 1.73
------------------------------------------------------------------------
(iii) In the event the work is first recorded other than in a PBS-
distributed program, and such program is subsequently distributed by
PBS, an additional royalty payment shall be made equal to the
difference between the rate specified in this section for other than a
PBS-distributed program and the rate specified in this section for a
PBS-distributed program.
(2) For uses licensed herein of a musical work in a NPR program,
the royalty fees shall be calculated by multiplying the following per-
composition rates by the number of different compositions in any NPR
program distributed by NPR. For purposes of this schedule ``National
Public Radio'' programs include all programs produced in whole or in
part by NPR, or by any NPR station or organization under contract with
NPR.
------------------------------------------------------------------------
2023-2027
------------------------------------------------------------------------
(i) Feature.......................................... $13.11
(ii) Concert feature (per minute).................... 19.24
(iii) Background..................................... 6.56
(iv) Theme:.......................................... .................
(A) Single program or first series program........... 6.56
(B) Other series program............................. 2.62
------------------------------------------------------------------------
(3) For purposes of this schedule, a ``Concert Feature'' shall be
deemed to be the nondramatic presentation in a program of all or part
of a symphony, concerto, or other serious work originally written for
concert performance, or the nondramatic presentation in a program of
portions of a serious work originally written for opera performance.
(4) For such uses other than in an NPR-produced radio program:
------------------------------------------------------------------------
2023-2027
------------------------------------------------------------------------
(i) Feature.......................................... $.83
(ii) Feature (concert) (per half hour)............... 1.72
(iii) Background..................................... .42
------------------------------------------------------------------------
(5) The schedule of fees covers use for a period of three years
following the first use. Succeeding use periods will require the
following additional payment: Additional one-year period--25 percent of
the initial three-year fee; second three-year period--50 percent of the
initial three-year fee; each three-year fee thereafter--25 percent of
the initial three-year fee; provided that a 100 percent additional
payment prior to the expiration of the first three-year period will
cover use during all subsequent use periods without limitation. Such
succeeding uses which are subsequent to December 31, 2022, shall be
subject to the royalty rates established in this schedule.
(6) For each use licensed herein pursuant to paragraphs (b)(1)(i)
and (b)(2) of this section for transmission via the internet, the
royalty fees shall include a pro-rata share of $2,000 per calendar
year, which share shall be determined by calculating the aggregate
amount of royalty fees earned during that calendar year and dividing
the sum by the amount of royalty fees earned for each use.
(c) Payment of royalty rates. The required royalty due under
paragraphs (b)(1), (b)(2), and (b)(4) of this section shall be paid to
each known copyright owner not later than July 31 of each calendar year
for uses during the first six months of that calendar year, and not
later than January 31 for uses during the last six months of the
preceding calendar year. The required royalty due under paragraph
(b)(6) of this section for each calendar year of the statutory license
term shall be paid to each known copyright owner not later than March
31 of each following year for PBS- or NPR-distributed uses via the
internet during the preceding calendar year.
* * * * *
(e) Filing of use reports with the Copyright Royalty Judges.
Deposit of cue sheets or summaries. PBS and its stations, NPR, or other
television public broadcasting entity shall deposit with the Copyright
Royalty Judges via online filing in eCRB one electronic copy of their
standard music cue sheets or summaries of same listing the recording
pursuant to this schedule of the musical works of copyright owners.
Such cue sheets or summaries shall be deposited not later than July 31
of each calendar year for recordings during the first six months of the
calendar year and not later than January 31 of each calendar year for
recordings during the second six months of the preceding calendar year.
PBS and NPR shall maintain at their offices copies of all standard
music cue sheets from which such music use reports are prepared. Such
music cue sheets shall be furnished to the Copyright Royalty Judges
upon their request and also shall be available during regular business
hours at the offices of PBS or NPR for examination by a copyright owner
who believes a musical composition of such owner has been recorded
pursuant to this schedule.
Sec. 381.8 [Amended]
0
7. In Sec. 381.8:
0
a. In paragraph (b)(1), add the words ``not otherwise licensed by the
copyright owner'' at the end of the introductory text;
0
b. In paragraphs (b)(1)(i) and (ii), remove the year ``2013-2017'' and
add in its place the year ``2023-2027'';
0
c. In paragraph (d)(1) add the words ``, upon request,'' after ``shall
maintain and''; and
0
d. In paragraph (f)(1) remove the year ``2017'' and add in its place
the year ``2027''.
0
8. Revise Sec. 381.10 to read as follows:
Sec. 381.10 Cost of living adjustment.
(a) On or before December 1, 2023, the Copyright Royalty Judges
shall publish in the Federal Register a notice of the change in the
cost of living as determined by the Consumer Price
[[Page 4935]]
Index (all consumers, all items) during the period from the most recent
Index published prior to December 1, 2022, to the most recent Index
published prior to December 1, 2023. On or before each December 1
thereafter the Copyright Royalty Judges shall publish a notice of the
change in the cost of living during the period from the most recent
index published prior to the previous notice, to the most recent Index
published prior to December 1, of that year.
(b) On the same date of the notices published pursuant to paragraph
(a) of this section, the Copyright Royalty Judges shall publish in the
Federal Register a revised schedule of the rates for Sec. 381.5(c)(3)
and (4), the rate to be charged for compositions in the repertory of
SESAC and GMR, which shall adjust the royalty amounts established in a
dollar amount according to the greater of:
(1) The change in the cost of living determined as provided in
paragraph (a) of this section; or
(2) One-and-a-half percent (1.5%).
(3) Such royalty rates shall be fixed at the nearest dollar.
(c) The adjusted schedule for the rates for Sec. 381.5(c)(3) and
(4) shall become effective thirty (30) days after publication in the
Federal Register.
Dated: January 19, 2022.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-01521 Filed 1-25-23; 8:45 am]
BILLING CODE 1410-72-P
