Library of Congress November 2018 – Federal Register Recent Federal Regulation Documents
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Distribution of Cable Royalty Funds; Distribution of Satellite Royalty Funds
The Copyright Royalty Judges (Judges) announce the final distribution of cable and satellite royalty funds for the years 2010, 2011, 2012, and 2013. The determination is a result of agreement among the participants that claim shares of the cable and satellite royalty funds to be allocated to the Program Suppliers Claimant category. The Judges issued their allocation determination relating to cable royalty funds for the relevant years to the participants on October 18, 2018. Allocation of satellite royalty funds is not yet determined.
Group Registration of Newsletters and Serials
The U.S. Copyright Office is amending its regulations governing the group registration options for newsletters and serials. With respect to group newsletters, the final rule amends the definition of ``newsletter,'' eliminating the requirement that each issue must be a work made for hire, and the provision stating that group newsletter claims must be received within three months after publication. Under the final rule, newsletter publishers now should register their issues with the online application and upload a digital copy of each issue through the electronic registration system instead of submitting them in a physical form. With respect to group serials, the final rule clarifies that serials governed by the rule generally must be published at intervals of a week or longer, and that the publication dates provided in the application need not match the dates appearing on the issues themselves. In addition, the rule phases out the paper application for group serials and the submission of physical copies. Beginning one year after the rule goes into effect, serial publishers will be required to use the online application for group serials and to upload a digital copy of each issue, rather than submitting them in a physical form. The final rule updates the regulations for both newsletters and serials by confirming that publishers do not need to provide the Library of Congress with complimentary subscriptions to or microfilm of each issue as a condition for registering their works with the Office, but newsletter and serial issues that are submitted for purposes of registration will no longer satisfy the mandatory deposit requirement. Publishers will be expected to separately provide the Library with two complimentary subscriptions if the newsletter or serial is published in the United States in a physical format (unless the publisher is informed that the publication is not needed for the Library's collections). If the newsletter or serial is published solely in electronic form, the publisher will remain exempt from mandatory deposit unless the Office issues a formal demand for copies of that publication.
Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License
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.
Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates
The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2.5% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2017 to October 2018.
Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate
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 2019 of published nondramatic musical compositions in the SESAC repertory pursuant to the statutory license under the Copyright Act for noncommercial broadcasting. Because the current rates did not become final until January 2018, the revised regulation includes the revised rate for 2018 that reflects the cost of living adjustment announced in 2017.
Modification and Amendment of Regulations To Conform to the MMA; Extension of Comment Period
On November 5, 2018, the Copyright Royalty Judges solicited comments and proposals regarding necessary and appropriate modifications and amendments to agency regulations following enactment of a new law regarding the music industry. The comment period, which was set to expire on November 26, 2018, has been extended to December 10, 2018.
Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments III)
The Copyright Royalty Judges (Judges) publish final regulations setting rates and terms for the making of an ephemeral recording of a sound recording by a business establishment service for the period January 1, 2019, through December 31, 2023.
Noncommercial Use of Pre-1972 Sound Recordings That Are Not Being Commercially Exploited: Extension of Comment Period
The Copyright Office is extending the deadline for the submission of written comments in response to its October 16, 2018 notice of inquiry regarding the Classics Protection and Access Act, title II of the recently enacted Orrin G. Hatch-Bob Goodlatte Music Modernization Act.
Distribution of Cable and Satellite Royalty Funds
The Copyright Royalty Judges (Judges) are requesting comments regarding whether controversies exist among claimants relating to distribution of the cable and satellite television retransmission royalty funds deposited with the U.S. Copyright Office for royalty years 2014 through 2017.
Modification and Amendment of Regulations To Conform to the MMA
The Copyright Royalty Judges (Judges) publish a notice of inquiry regarding necessary and appropriate modifications and amendments to agency regulations following enactment of a new law regarding the music industry.
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