[Federal Register Volume 65, Number 69 (Monday, April 10, 2000)]
[Notices]
[Pages 19025-19026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8783]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Office

[Docket No. 99-3 CARP DD 95-98]


Distribution of 1995, 1996, 1997, and 1998 Digital Audio 
Recording Technology Royalties

AGENCY:  Copyright Office, Library of Congress.

ACTION:  Initiation of arbitration.

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

SUMMARY:  The Copyright Office of the Library of Congress is announcing 
initiation of the 180-day arbitration period for the distribution of 
the1995-98 digital audio recording technology (``DART'') royalties in 
the Musical Works Funds.

EFFECTIVE DATE:  April 10, 2000.

ADDRESSES:  All hearings and meetings for the 1995-98 DART distribution 
proceeding shall take place in the James Madison Memorial Building, 
Room LM-414, First and Independence Avenue, SE, Washington, DC 20540.

[[Page 19026]]


FOR FURTHER INFORMATION CONTACT:  David O. Carson, General Counsel, or 
Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel 
(``CARP''), P.O. Box 70977, Southwest Station, Washington, DC 20024. 
Telephone: (202) 707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION:  

Background

    Section 251.72 of 37 CFR provides:

    If the Librarian determines that a controversy exists among 
claimants to either cable, satellite carrier, or digital audio 
recording devices and media royalties, the Librarian shall publish 
in the Federal Register a declaration of controversy along with a 
notice of initiation of an arbitration proceeding. Such notice 
shall, to the extent feasible, describe the nature, general 
structure and schedule of the proceeding.

The notice published today fulfills the requirements of Sec. 251.72 for 
the distribution of DART royalties in the Musical Works Funds for the 
years 1995, 1996, 1997, and 1998.
    On May 4, 1999, the Copyright Office published a notice in the 
Federal Register requesting comment as to the existence of a 
controversy concerning the distribution of the 1995, 1996, 1997, and 
1998 DART royalty fees in the Musical Works Funds and consolidating the 
consideration of the distribution of the 1995-98 Musical Works Funds 
into a single proceeding. 64 FR 23875 (May 4, 1999). The following 
parties filed comments and Notices of Intent to Participate: Carl 
DeMonbrun/Polyphonic Music, Inc. (``DeMonbrun''); Broadcast Music, Inc. 
(``BMI''), the American Society of Composers, Authors and Publishers 
(``ASCAP''), SESAC, Inc. (``SESAC''), the Harry Fox Agency (``HFA''), 
the Songwriters Guild of America (``SGA''), and Copyright Management, 
Inc. (``CMI'') (collectively the ``Settling Parties''); James Cannings/
Can Can Music (``Cannings''); Alicia Carolyn Evelyn (``Evelyn''); and 
Eugene ``Lambchops'' Curry/ TaJai Music, Inc. (``Curry'').
    On September 21, 1999, the Office issued an Order announcing the 
precontroversy discovery schedule for the proceeding, beginning on 
November 15, 1999. See Order in Docket No. 99-3 CARP DD 95-98 
(September 21, 1999). Prior to commencement of the 45-day 
precontroversy discovery period, the Office was notified that Cannings 
and DeMonbrun had settled their respective controversies with the 
Settling Parties. Thus, the parties who will appear before the CARP in 
the current proceeding are the Settling Parties, Evelyn, and Curry.
    On November 15, 1999, the Settling Parties filed a motion 
requesting that the controversy be decided on the basis of written 
pleadings. The Office designated to the CARP the issue of whether to 
suspend formal hearings and decide the case on the written pleadings. 
See Order in Docket No. 99-3 CARP DD 95-98 (December 22, 1999).
    The September 21, 1999, Order also set the initiation of the 
arbitration for February 28, 2000. However, the Office's duty to 
publish every two years a new list of arbitrators eligible to serve on 
a CARP rendered the February 28 initiation date unworkable. See 37 CFR 
251.3. On January 14, 2000, in accordance with Sec. 251.3(b), the 
Office published the list of arbitrators eligible to serve on a CARP 
initiated during 2000 and 2001. 65 FR 2439 (January 14, 2000). Because 
the time period between the publication of the arbitrator list and the 
February 28 initiation date was not sufficient to complete the 
selection of arbitrators for this proceeding, the Office reset the 
initiation of the arbitration to April 10, 2000. See Order in Docket 
No. 99-3 CARP DD 95-98 (March 14, 2000).

Selection of Arbitrators

    Section 802(b) of the Copyright Act instructs the Librarian to 
select two arbitrators within 10 days of initiation of the proceeding. 
The Librarian has already completed this task, and the two arbitrators 
are:

The Honorable John B. Farmakides
The Honorable Harold E. Himmelman

The third arbitrator, who shall serve as Chairperson, will be selected 
in accordance with section 802(b).

Initiation of Proceeding

    Pursuant to Sec. 251.72 of 37 CFR, the Copyright Office of the 
Library of Congress is formally announcing the existence of 
controversies in the distribution of digital audio recording technology 
royalties in the Musical Works Funds for the years 1995, 1996, 1997, 
and 1998, and is initiating an arbitration proceeding under chapter 8 
of title 17 of the United States Code to resolve distribution of these 
funds. The arbitration proceeding commences on April 10, 2000, and runs 
for a period of 180 days. The arbitrators shall file their written 
report with the Librarian of Congress by October 10, 2000, in 
accordance with Sec. 251.53 of 37 CFR.
    Scheduling of the 1995-98 DART royalty distribution proceeding is 
within the discretion of the CARP. The Library will publish the 
schedule of the proceedings, as required by 37 CFR 251.11(b), as soon 
as it is available.

    Dated: April 4, 2000.
David O. Carson,
General Counsel.
[FR Doc. 00-8783 Filed 4-7-00; 8:45 am]
BILLING CODE 1410-33-P