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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules Number of full-time students
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FR Doc. 202113922 Filed 62921; 8:45 am BILLING CODE 141072P

LIBRARY OF CONGRESS
Copyright Royalty Board 37 CFR Part 381
Docket No. 21CRB0002PBR 2023
2027

Determination of Rates and Terms for Public Broadcasting PB IV
Copyright Royalty Board, Library of Congress.
ACTION: Proposed rule.
AGENCY:

The Copyright Royalty Judges publish for comment proposed regulations that set rates and terms for the use of certain copyrighted works by public broadcasting entities for the period beginning January 1, 2023, and ending December 31, 2027.
DATES: Comments and objections, if any, are due no later than July 30, 2021.
ADDRESSES: You may send comments, identified by docket number 21CRB
0002PBR 20232027, online through eCRB at https app.crb.gov.
Instructions: To send your comment through eCRB, if you dont 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 at https app.crb.gov and perform a case search for docket 21CRB0002PBR
20232027.
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist, at 2027077658 or crb@loc.gov.
SUMMARY:

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SUPPLEMENTARY INFORMATION:

Dated June 24, 2021.
Jesse M. Feder, Chief Copyright Royalty Judge.

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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. 801b1, 804b6. Accordingly, the Judges commenced a proceeding in January 2021, by publishing notice of the commencement of the proceeding and a request that interested parties submit petitions to participate. 86 FR 325 Jan.
5, 2021.
The Judges received petitions to participate in the current proceeding from The American Society of Authors, Composers and Publishers ASCAP;
Broadcast Music, Inc. BMI; Church Music Publishers Association, Inc.
CMPA; Educational Media Foundation EMF; Global Music Rights, LLC;
National Religious Broadcasters Noncommercial Music License Committee NRBNMLC; David Powell;
Public Broadcasting Entities Corporation for Public Broadcasting CPB, National Public Radio NPR, and Public Broadcasting Service PBS;
SESAC Performing Rights, LLC
SESAC; and The Harry Fox Agency LLC HFA.
The Judges gave notice to all participants of the three-month negotiation period required by 17 U.S.C.
803b3 and directed that, if the participants were unable to negotiate a settlement, they should 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.
There are two ways copyright owners and public broadcasting entities 1 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 1 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. 118f.

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the license. Section 118b2 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. 118b2.
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 801b7A 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. See section 801b7A. 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.
On June 21, 2021, the Judges received a joint proposal from participants HFA
and NRBNMLC regarding fees for recording rights under 37 CFR
381.7b4 for the period 20232027.
Joint Proposal . . . Regarding Fees for Recording Rights Under 37 CFR
381.7B4 June 21, 2021 Proposal.
The fees in 381.7b4 apply to the recording of nondramatic performances and displays of musical works for the types of uses described in 17 U.S.C. 118c23 by noncommercial radio stations other than uses in a radio program produced by NPR and other than uses subject to voluntary license agreements. Proposal at 2. HFA and NRBNMLC filed a proposal instead of a notice of settlement because NRBNMLC does not represent all radio stations subject to the fees. Id. Participant EMF joins in the proposal. Id. at 3 n.2.
The Proposal states that the fees in 381.7b4 should be modified. See id.
at 23. It also proposes carrying forward
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