[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40623-40624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16137]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2007-3 CRB CD 2004-2005]


Distribution of the 2004 and 2005 Cable Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice announcing commencement of Phase I distribution 
proceeding with request for Petitions to Participate.

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SUMMARY: The Copyright Royalty Judges are announcing the commencement 
of a proceeding to determine the Phase I distribution of 2004 and 2005 
royalties collected under the cable statutory license. The Judges are 
also announcing the date by which a party who wishes to participate in 
this distribution proceeding must file its Petition to Participate and 
the accompanying $150 filing fee.

DATES: Petitions to Participate and the filing fee are due on or before 
August 14, 2008.

ADDRESSES: An original, five copies, and an electronic copy in Portable 
Document Format (PDF) on a CD of the Petition to Participate, along 
with the $150 filing fee, may be delivered to the Copyright Royalty 
Board by either mail or hand delivery. Petitions to Participate and the 
$150 filing fee may not be delivered by an overnight delivery service 
other than the U.S. Postal Service Express Mail. If by mail (including 
overnight delivery), Petitions to Participate, along with the $150 
filing fee, must be addressed to: Copyright Royalty Board, P.O. 70977, 
Washington, DC 20024-0977. If hand delivered by a private party, 
Petitions to Participate, along with the $150 filing fee, must be 
brought to the Library of Congress, James Madison Memorial Building, 
LM-401, 101 Independence Avenue, SE., Washington, DC 20559-6000. If 
delivered by a commercial courier, Petitions to Participate, along with 
the $150 filing fee, must be delivered to the Congressional Courier 
Acceptance Site, located at 2nd and D Street, NE., Washington, DC. The 
envelope must be addressed to: Copyright Royalty Board, Library of 
Congress, James Madison Memorial Building, LM-403, 101 Independence 
Avenue, SE., Washington, DC 20559-6000.

FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program 
Specialist, by telephone at (202) 707-7658 or e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Each year, semiannually, cable systems must submit royalty payments 
to the Copyright Office as required by the cable statutory license for 
the privilege of retransmitting over-the-air television and radio 
broadcast signals. 17 U.S.C. 111. These royalties are then distributed 
to copyright owners whose works were included in such retransmissions 
and who timely filed a claim for royalties. Distribution of the 
royalties for each calendar year are determined by the Copyright 
Royalty Judges (``Judges'') in two phases. At Phase I, the royalties 
are divided among the representatives of the major categories of 
copyrightable content (movies, sports programming, music, etc.) 
requesting the distribution. At Phase II, the royalties are divided 
among the various copyright owners within each category.
    This Notice announcing the commencement of a proceeding under 17 
U.S.C. 803(b)(1) for distribution of cable royalties collected for 2004 
and 2005 is confined to Phase I.

Commencement of Phase I Proceeding

    Consistent with 17 U.S.C. 804(b)(8), the Copyright Royalty Judges 
determine that a Phase I controversy exists as to the distribution of 
the 2004 and 2005 cable royalties. We reach this determination, in this 
instance, for two reasons. First, several interested parties have 
represented to us that a Phase I controversy exists for these years. 
See Petition to Declare Controversy and Initiate a Phase I Proceeding 
for the Distribution of the 2004 and 2005 Cable Royalty Funds filed by 
the Motion Picture Association of America, Inc. (``MPAA'') (filed July 
16, 2007); and comments filed by the following parties in Docket No. 
2007-3 CRB CD 2004-2005: Independent Producers Group (filed February 
28, 2008); a comment filed jointly by Program Suppliers, Joint Sports 
Claimants, Public Television Claimants, National Association of 
Broadcasters, American Society of Composers, Authors and Publishers, 
Broadcast Music, Inc., SESAC, Inc., National Public Radio and Canadian 
Claimants Group (filed February 29, 2008). Second, to date we have not 
received notification that any settlements have been reached for either 
of these years, nor have we received motions for final distribution.
    The Judges are consolidating the 2004 and 2005 royalty years into a 
single proceeding. We note that the Librarian routinely consolidated 
multiple royalty years into a single proceeding in order to maximize 
the efficiencies associated

[[Page 40624]]

with the distribution process. We see no reason to deviate from this 
practice in this instance because there appear to be no unusual issues 
associated with these years that would make a consolidated proceeding 
unduly complex. See MPAA Petition to Declare a Controversy at 2 
(``anticipate that same, or closely similar, issues will be presented 
for both years''). Therefore, consolidation of these two years 
represents the most administratively efficient manner in which to 
determine the distribution of these royalty funds.

Petitions To Participate

    Petitions to Participate must be filed in accordance with Sec.  
351.1(b) of the Judges' regulations. See 37 CFR 351.1(b). Petitions to 
Participate submitted by interested parties whose claims do not exceed 
$1,000 \1\ must contain a statement that the party will not seek a 
distribution of more than $1,000. No filing fee is required for these 
parties. We note, however, that interested parties with claims 
exceeding one thousand dollars ($1,000) must submit a filing fee of one 
hundred and fifty dollars ($150) with their Petition to Participate or 
it will be rejected. Cash will not be accepted; therefore, parties must 
pay the filing fee with a check or money order made payable to the 
``Copyright Royalty Board.'' If a check is returned for lack of 
sufficient funds, the corresponding Petition to Participate will be 
dismissed.
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    \1\ The Copyright Royalty Judges Program Technical Corrections 
Act, Public Law No. 109-303, changed the amount from $10,000 to 
$1,000.
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    Further procedural matters, including scheduling, will be addressed 
after Petitions to Participate have been received.
    Note that in accordance with 37 CFR 350.2 (Representation), only 
attorneys who are members of the bar in one or more states and in good 
standing will be allowed to represent parties before the Copyright 
Royalty Judges, unless the party is an individual who represents 
herself or himself.

    Dated: July 10, 2008.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E8-16137 Filed 7-14-08; 8:45 am]
BILLING CODE 1410-72-P