Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate

• Published date: 23 November 2021
• Citation: 86 FR 66459
• Record Number: 2021-25443
• Section: Rules and Regulations
• Court: Copyright Royalty Board,Library Of Congress

Federal Register, Volume 86 Issue 223 (Tuesday, November 23, 2021)

[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
                [Rules and Regulations]
                [Pages 66459-66460]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-25443]
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                LIBRARY OF CONGRESS
                Copyright Royalty Board
                37 CFR Part 381
                [Docket No. 21-CRB-0011-PBR (2018-2022) COLA (2022)]
                Cost of Living Adjustment to Public Broadcasters Compulsory
                License Royalty Rate
                AGENCY: Copyright Royalty Board, Library of Congress.
                [[Page 66460]]
                ACTION: Final rule; cost of living adjustment.
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                SUMMARY: 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 2022 of published nondramatic musical compositions in the SESAC
                repertory pursuant to the statutory license under the Copyright Act for
                noncommercial broadcasting.
                DATES:
                 Effective date: December 23, 2021.
                 Applicability dates: These rates are applicable to the period
                beginning January 1, 2022, and ending December 31, 2022.
                FOR FURTHER INFORMATION CONTACT: Anita Blaine, (202) 707-7658,
                [email protected].
                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 January 19, 2018, 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
                2018-2022. See 83 FR 2743. 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 Sec. 381.5(c)(3) relating to
                compositions in the repertory of SESAC. 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 previous notice to the most recent index
                published prior to December 1, of that year'' or (2) 1.5%. 37 CFR
                381.10.
                 The change in the cost of living as determined by the CPI-U during
                the period from the most recent index published prior to the previous
                notice, i.e., before December 1, 2020, to the most recent index
                published before December 1, 2021, is 6.2%.\1\ In accordance with 37
                CFR 381.10(b), the Judges announce that the COLA for calendar year 2022
                shall be 6.2%. Application of the 6.2% COLA to the 2021 rate for the
                performance of published nondramatic musical compositions in the
                repertory of SESAC--$164.00 per station--results in an adjusted rate of
                $174.00 per station.
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                 \1\ On November 10, 2021, the Bureau of Labor Statistics
                announced that the CPI-U increased 6.2% over the last 12 months.
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                List of Subjects in 37 CFR Part 381
                 Copyright, Music, Radio, Television, Rates.
                Final Regulations
                 In consideration of the foregoing, the Judges amend part 381 of
                title 37 of the Code of Federal Regulations as follows:
                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.
                0
                2. Section 381.5 is amended by revising paragraph (c)(3)(v) and
                removing paragraph (c)(3)(vi) to read as follows:
                Sec. 381.5 Performance of musical compositions by public
                broadcasting entities licensed to colleges and universities.
                * * * * *
                 (c) * * *
                 (3) * * *
                 (v) 2022: $174.00 per station.
                * * * * *
                 Dated: November 17, 2021.
                Steve Ruwe,
                Copyright Royalty Judge.
                [FR Doc. 2021-25443 Filed 11-22-21; 8:45 am]
                BILLING CODE 1410-72-P