Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License, 83508-83509 [2023-26221]

Download as PDF 83508 Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations 888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520). D. Federalism and Indian Tribal Governments A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. khammond on DSKJM1Z7X2PROD with RULES E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or Tribal Government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Directive 023–01, Rev. 1, associated implementing instructions, and Environmental Planning COMDTINST 5090.1 (series), which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves an VerDate Sep<11>2014 15:59 Nov 29, 2023 Jkt 262001 emergency safety zone that will prohibit entry to Lower Mississippi River below Head of Passes. It is categorically excluded from further review under paragraph L60d of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 1. A Record of Environmental Consideration supporting this determination will be available in the docket after issuance or publication of this rule. For instructions on locating the docket, see the ADDRESSES section of this preamble. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to call or email the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places, or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 46 U.S.C. 70034, 70051, 70124; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 00170.1, Revision No. 01.3. (2) To seek permission to enter, contact the COTP or the COTP’s representative via VHF–FM Channel 16 or 67 or by telephone at (504) 365–2545. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Information broadcasts. The COTP or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners (BNMs), Local Notices to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs) as appropriate. (e) Enforcement period. This section will be subject to enforcement from 5 p.m. on November 17, 2023, through December 17, 2023. It will be subject to enforcement this entire period unless the COTP determines it is no longer needed, in which case the Coast Guard will inform mariners via Notice to Mariners. Dated: November 17, 2023. K.K. Denning, Captain, U.S. Coast Guard, Captain of the Port Sector New Orleans. [FR Doc. 2023–26295 Filed 11–29–23; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 380 [Docket No. 19–CRB–0005–WR (2021–2025) COLA (2024)] ■ 2. Add § 165.T08–0919 to read as follows: Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License § 165.T08–0919 Safety Zone; Gulf of Mexico, Lower Mississippi River below Head of Passes. AGENCY: (a) Location. The following area is a safety zone: all navigable waters of Lower Mississippi River below Head of Passes. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard coxswain, petty officer, or other officer operating a Coast Guard vessel and a Federal, State, and local officer designated by or assisting the Captain of the Port Sector New Orleans (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 Copyright Royalty Board (CRB), Library of Congress. ACTION: Final rule; cost of living adjustment. The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of sound recordings. DATES: Effective date: November 30, 2023. Applicability dates: These rates are applicable to the period January 1, 2024, through December 31, 2024. FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707–7658, crb@ loc.gov. SUMMARY: E:\FR\FM\30NOR1.SGM 30NOR1 Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations Sections 112(e) and 114(f) of the Copyright Act, title 17 of the United States Code, create statutory licenses for certain digital performances of sound recordings and the making of ephemeral reproductions to facilitate transmission of those sound recordings. On October 27, 2021, the Copyright Royalty Judges (Judges) adopted final regulations governing the rates and terms of copyright royalty payments under those licenses for the license period 2021–2025 for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. See 86 FR 59452. Pursuant to those regulations, at least 25 days before January 1 of each year from 2022 to 2025, the Judges shall publish in the Federal Register notice of a cost of living adjustment (COLA) applicable to the royalty fees for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. 37 CFR 380.10. The adjustment in the royalty fee shall be based on a calculation of the percentage increase in the Consumer Price Index for all Urban Consumers (CPI–U) from the CPI–U published in November 2020 (260.229), according to the formula: for subscription performances, (1 + (Cy¥260.229)/ 260.229) × $0.0026; for nonsubscription performances, (1 + (Cy¥260.229)/ 260.229) × $0.0021; for performances by a noncommercial webcaster in excess of 159,140 Aggregate Tuning Hours (ATH) per month, (1 + (Cy¥260.229)/260.229) × $0.0021; where Cy is the CPI–U published by the Secretary of Labor before December 1 of the preceding year. The adjusted rate shall be rounded to the nearest fourth decimal place. 37 CFR 380.10(c). The CPI–U published by the Secretary of Labor from the most recent index published before December 1, 2023, is 307.671.1 Applying the formula in 37 CFR 380.10(c) and rounding to the nearest fourth decimal place results in an increase in the rates for 2024. The 2024 rate for eligible transmissions of sound recordings by commercial webcasters is $0.0031 per subscription performance and $0.20025 per nonsubscription performance. Application of the increase to rates for noncommercial webcasters results in a 2024 rate of $0.0025 per performance for all digital audio transmissions in excess khammond on DSKJM1Z7X2PROD with RULES SUPPLEMENTARY INFORMATION: of 159,140 ATH in a month on a channel or station. As provided in 37 CFR 380.10(d), the royalty fee for making ephemeral recordings under section 112 of the Copyright Act to facilitate digital transmission of sound recordings under section 114 of the Copyright Act is included in the section 114 royalty fee and comprises 5% of the total fee. List of Subjects in 37 CFR Part 380 Copyright, Sound recordings. Final Regulations In consideration of the foregoing, the Judges amend part 380 of title 37 of the Code of Federal Regulations as follows: PART 380—RATES AND TERMS FOR TRANSMISSIONS BY ELIGIBLE NONSUBSCRIPTION SERVICES AND NEW SUBSCRIPTION SERVICES AND FOR THE MAKING OF EPHEMERAL REPRODUCTIONS TO FACILITATE THOSE TRANSMISSIONS 1. The authority citation for part 380 continues to read as follows: ■ Authority: 17 U.S.C. 112(e), 114(f), 804(b)(3). 2. Section 380.10 is amended by revising paragraph (a) to read as follows: ■ § 380.10 Royalty fees for the public performance of sound recordings and the making of ephemeral recordings. (a) Royalty fees. For the year 2024, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the following rates: (1) Commercial webcasters: $0.0031 per Performance for subscription services and $0.0025 per Performance for nonsubscription services. (2) Noncommercial webcasters: $1,000 per year for each channel or station and $0.0025 per Performance for all digital audio transmissions in excess of 159,140 ATH in a month on a channel or station. * * * * * Dated: November 22, 2023. David P. Shaw, Chief Copyright Royalty Judge. [FR Doc. 2023–26221 Filed 11–29–23; 8:45 am] BILLING CODE 1410–72–P 1 This CPI–U was announced on November 14, 2023, by the Bureau of Labor Statistics in its Consumer Price Index News Release—Consumer Price Index, available at https://www.bls.gov/ news.release/cpi.htm at Table 1. VerDate Sep<11>2014 15:59 Nov 29, 2023 Jkt 262001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 83509 LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 23–CRB–0011–PBR (2023– 2027) COLA (2024)] Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate Copyright Royalty Board, Library of Congress. ACTION: Final rule; cost of living adjustment. AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) to the royalty rate that noncommercial radio stations at certain colleges, universities, and other educational institutions that are not affiliated with National Public Radio must pay for the use in 2024 of published nondramatic musical compositions in the SESAC Performing Rights, LLC (SESAC) and Global Music Rights, LLC (GMR) repertories pursuant to the statutory license under the Copyright Act for noncommercial broadcasting. SUMMARY: DATES: Effective date: November 30, 2023. Applicability dates: These rates are applicable to the period January 1, 2024, through December 31, 2024. FOR FURTHER INFORMATION CONTACT: Anita Brown, CRB Program Assistant, (202) 707–7658, crb@loc.gov. SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act, title 17 of the United States Code, creates a statutory license for the use of published nondramatic musical works and published pictorial, graphic, and sculptural works in connection with noncommercial broadcasting. On June 28, 2023, the Copyright Royalty Judges (Judges) adopted final regulations governing the rates and terms of copyright royalty payments under section 118 of the Copyright Act for the license period 2023–2027. See 88 FR 41827. Pursuant to these regulations, on or before December 1 of each year, the Judges shall publish in the Federal Register notice of the change in the cost of living and a revised schedule of the rates codified at § 381.5(c)(3) and (4) relating to compositions in the repertory of SESAC and GMR. The adjustment, fixed to the nearest dollar, shall be the greater of (1) the change in the cost of living as determined by the Consumer Price Index (all consumers, all items) (‘‘CPI–U’’) ‘‘during the period from the most recent index published prior to the E:\FR\FM\30NOR1.SGM 30NOR1

Agencies

[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Rules and Regulations]
[Pages 83508-83509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26221]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 380

[Docket No. 19-CRB-0005-WR (2021-2025) COLA (2024)]


Cost of Living Adjustment to Royalty Rates for Webcaster 
Statutory License

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

ACTION: Final rule; cost of living adjustment.

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

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

DATES: 
    Effective date: November 30, 2023.
    Applicability dates: These rates are applicable to the period 
January 1, 2024, through December 31, 2024.

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

[[Page 83509]]


SUPPLEMENTARY INFORMATION: Sections 112(e) and 114(f) of the Copyright 
Act, title 17 of the United States Code, create statutory licenses for 
certain digital performances of sound recordings and the making of 
ephemeral reproductions to facilitate transmission of those sound 
recordings. On October 27, 2021, the Copyright Royalty Judges (Judges) 
adopted final regulations governing the rates and terms of copyright 
royalty payments under those licenses for the license period 2021-2025 
for performances of sound recordings via eligible transmissions by 
commercial and noncommercial noninteractive webcasters. See 86 FR 
59452.
    Pursuant to those regulations, at least 25 days before January 1 of 
each year from 2022 to 2025, the Judges shall publish in the Federal 
Register notice of a cost of living adjustment (COLA) applicable to the 
royalty fees for performances of sound recordings via eligible 
transmissions by commercial and noncommercial noninteractive 
webcasters. 37 CFR 380.10.
    The adjustment in the royalty fee shall be based on a calculation 
of the percentage increase in the Consumer Price Index for all Urban 
Consumers (CPI-U) from the CPI-U published in November 2020 (260.229), 
according to the formula: for subscription performances, (1 + 
(Cy-260.229)/260.229) x $0.0026; for nonsubscription 
performances, (1 + (Cy-260.229)/260.229) x $0.0021; for 
performances by a noncommercial webcaster in excess of 159,140 
Aggregate Tuning Hours (ATH) per month, (1 + (Cy-260.229)/
260.229) x $0.0021; where Cy is the CPI-U published by the 
Secretary of Labor before December 1 of the preceding year. The 
adjusted rate shall be rounded to the nearest fourth decimal place. 37 
CFR 380.10(c). The CPI-U published by the Secretary of Labor from the 
most recent index published before December 1, 2023, is 307.671.\1\ 
Applying the formula in 37 CFR 380.10(c) and rounding to the nearest 
fourth decimal place results in an increase in the rates for 2024.
---------------------------------------------------------------------------

    \1\ This CPI-U was announced on November 14, 2023, by the Bureau 
of Labor Statistics in its Consumer Price Index News Release--
Consumer Price Index, available at https://www.bls.gov/news.release/cpi.htm at Table 1.
---------------------------------------------------------------------------

    The 2024 rate for eligible transmissions of sound recordings by 
commercial webcasters is $0.0031 per subscription performance and 
$0.20025 per nonsubscription performance.
    Application of the increase to rates for noncommercial webcasters 
results in a 2024 rate of $0.0025 per performance for all digital audio 
transmissions in excess of 159,140 ATH in a month on a channel or 
station.
    As provided in 37 CFR 380.10(d), the royalty fee for making 
ephemeral recordings under section 112 of the Copyright Act to 
facilitate digital transmission of sound recordings under section 114 
of the Copyright Act is included in the section 114 royalty fee and 
comprises 5% of the total fee.

List of Subjects in 37 CFR Part 380

    Copyright, Sound recordings.

Final Regulations

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

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

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

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

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


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

    (a) Royalty fees. For the year 2024, Licensees must pay royalty 
fees for all Eligible Transmissions of sound recordings at the 
following rates:
    (1) Commercial webcasters: $0.0031 per Performance for subscription 
services and $0.0025 per Performance for nonsubscription services.
    (2) Noncommercial webcasters: $1,000 per year for each channel or 
station and $0.0025 per Performance for all digital audio transmissions 
in excess of 159,140 ATH in a month on a channel or station.
* * * * *

    Dated: November 22, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-26221 Filed 11-29-23; 8:45 am]
BILLING CODE 1410-72-P

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