[Federal Register Volume 75, Number 25 (Monday, February 8, 2010)]
[Rules and Regulations]
[Pages 6097-6098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2644]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 380
[Docket No. 2005-1 CRB DTRA]
Digital Performance Right in Sound Recordings and Ephemeral
Recordings
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges are publishing final regulations
governing the statutory minimum fees to be paid by Commercial
Webcasters under two statutory licenses, permitting certain digital
performances of sound recordings and the making of ephemeral
recordings, for the period beginning January 1, 2006, and ending on
December 31, 2010.
DATES: Effective Date: March 10, 2010.
Applicability Dates: The regulations apply to the license period
January 1, 2006, through December 31, 2010.
FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or by
e-mail at [email protected].
SUPPLEMENTARY INFORMATION: On May 1, 2007, the Copyright Royalty Judges
(``Judges'') published in the Federal Register their determination of
royalty rates and terms under the statutory licenses under Section
112(e) and 114 of the Copyright Act, title 17 of the United States
Code, for the period 2006 through 2010 for a digital public performance
of sound recordings by means of eligible nonsubscription transmission
or a transmission by a new subscription service. 72 FR 24084. In
Intercollegiate Broadcast System, Inc. v. Copyright Royalty Board, 574
F.3d 748 (D.C. Cir. 2009), the United States Court of Appeals for the
District of Columbia Circuit (``D.C. Circuit'') affirmed the Judges'
determination in the main but remanded to the Judges the matter of
setting the minimum fee to be paid by both Commercial Webcasters and
Noncommercial Webcasters under Sections 112(e) and 114 of the Copyright
Act. Id. at 762, 767. By order dated October 23, 2009, the Judges
established a period commencing November 2, 2009, and concluding on
December 2, 2009, for the parties to negotiate and submit a settlement
of the minimum fee issue that was the subject of the remand.
On December 2, 2009, SoundExchange, Inc. and the Digital Media
Association (``DiMA'') submitted a settlement regarding the statutory
minimum fee to be paid by Commercial Webcasters. Subsequently, the
Judges published for comment the proposed change in the rule necessary
to implement that settlement pursuant to the order of remand from the
D.C. Circuit. 74 FR 68214 (December 23, 2009). Comments were due to be
filed by no later than January 22, 2010. The Judges received one
comment from Intercollegiate Broadcasting System, Inc. (``IBS'').
IBS requests that the Judges publish a note to proposed Sec.
380.3(b)(2) stating that the Judges on remand will determine the
minimum fee for Noncommercial Webcasters. Comments of IBS at 2-3. The
Judges decline to do so. As was made clear in the December 23, 2009,
Notice, the proposed settlement applies only to Commercial Webcasters.
Therefore, the Judges are adopting as final the proposed change as
published on December 23, 2009. See 74 FR 68214.
List of Subjects in 37 CFR Part 380
Copyright, Sound recordings.
Final Regulations
0
For the reasons set forth in the preamble, the Copyright Royalty Judges
are amending part 380 of title 37 of the Code of Federal Regulations as
follows:
[[Page 6098]]
PART 380--RATES AND TERMS FOR CERTAIN ELIGIBLE NONSUBSCRIPTION
TRANSMISSIONS, NEW SUBSCRIPTION SERVICES AND THE MAKING OF
EPHEMERAL REPRODUCTIONS
0
1. The authority citation for part 380 of title 37 of the Code of
Federal Regulations as follows:
Authority: 17 U.S.C. 112(e), 114(f), 804(b)(3).
0
2. Section 380.3 is amended by revising paragraph (b) to read as
follows:
Sec. 380.3 Royalty fees for the public performance of sound
recordings and for ephemeral recordings.
* * * * *
(b) Minimum fee--(1) Commercial Webcasters. Each Commercial
Webcaster will pay an annual, nonrefundable minimum fee of $500 for
each calendar year or part of a calendar year of the period 2006-2010
during which it is a Licensee pursuant to 17 U.S.C. 112(e) or 114. This
annual minimum fee is payable for each individual channel and each
individual station maintained by Commercial Webcasters, and is also
payable for each individual Side Channel maintained by Broadcasters who
are Commercial Webcasters, provided that a Commercial Webcaster shall
not be required to pay more than $50,000 per calendar year in minimum
fees in the aggregate (for 100 or more channels or stations). The
minimum fee payable under 17 U.S.C. 112 is deemed to be included within
the minimum fee payable under 17 U.S.C. 114. Upon payment of the
minimum fee, the Commercial Webcaster will receive a credit in the
amount of the minimum fee against any royalty fees payable in the same
calendar year.
(2) Noncommercial Webcasters. Each Noncommercial Webcaster will pay
an annual, nonrefundable minimum fee of $500 for each calendar year or
part of a calendar year of the license period during which they are
Licensees pursuant to licenses under 17 U.S.C. 114. This annual minimum
fee is payable for each individual channel and each individual station
maintained by Noncommercial Webcasters and is also payable for each
individual Side Channel maintained by Broadcasters who are Licensees.
The minimum fee payable under 17 U.S.C. 112 is deemed to be included
within the minimum fee payable under 17 U.S.C. 114. Upon payment of the
minimum fee, the Licensee will receive a credit in the amount of the
minimum fee against any additional royalty fees payable in the same
calendar year.
Dated: February 2, 2010.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010-2644 Filed 2-5-10; 8:45 am]
BILLING CODE 1410-72-P