[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Notices]
[Pages 319-320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30974]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2009-2 CRB New Subscription II]


Digital Performance Right in Sound Recordings and Ephemeral 
Recordings for a New Subscription Service

AGENCY: Copyright Royalty Board, Library of Congress.

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

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SUMMARY: The Copyright Royalty Judges are announcing the commencement 
of the proceeding to determine the rates and terms for the use of sound 
recordings in transmissions made by new subscription services and for 
the making of ephemeral recordings necessary for the facilitation of 
such transmissions for the period beginning on January 1, 2011, and 
ending on December 31, 2015. The Judges also are announcing the date by 
which a party who wishes to participate in the rate determination 
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 
February 4, 2009.

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. Box 
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

    Section 114(f)(2)(C) of the Copyright Act, title 17 of the United 
States Code, allows a new type of eligible nonsubscription service or a 
new subscription service on which sound recordings are performed that 
is or is about to become operational to file a petition with the 
Copyright Royalty Judges (``Judges'') for the purpose of determining 
reasonable terms and rates of royalty payments for such new type of 
service. 17 U.S.C. 114(f)(2)(C). Upon receipt of such a petition, the 
Judges are required to commence a proceeding to determine said 
reasonable terms and rates. 17 U.S.C. 804(b)(3)(C)(ii). The Judges have 
conducted one proceeding pursuant to these provisions. See 70 FR 72471, 
72472 (December 5, 2005) (after receipt of petition, commencing 
proceeding to determine rates and terms for a new type of subscription 
service that ``performs sound recordings on digital audio channels 
programmed by

[[Page 320]]

the licensee for transmission by a satellite television distribution 
service to its residential customers, where the audio channels are 
bundled with television channels as part of a `basic' package of 
service and not for a separate fee''). The parties to that proceeding 
ultimately reached an agreement on the rates and terms for the new 
subscription service at issue; and the Judges, after publishing the 
settlement for public comment, adopted the settlement as final 
regulations.\1\ See 72 FR 72253 (December 20, 2007). The current rates 
expire on December 31, 2010.\2\
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    \1\ The terms of the settlement are codified at 37 CFR Part 383. 
The new subscription service is defined in 37 CFR 383.2(h).
    \2\ Section 114(f)(2)(C) states that the license period for 
services covered by this provision begins ``with the inception of 
such new type of service and ending on the date on which the royalty 
rates and terms for preexisting subscription digital audio 
transmission services or preexisting satellite digital radio audio 
services * * * expire, or such other period as the parties may 
agree.'' 17 U.S.C. 114(f)(2)(C). The current rates for these 
preexisting services expire on December 31, 2012. See 72 FR 71795 
(December 19, 2007) (preexisting subscription services) and 73 FR 
4080 (January 24, 2008) (preexisting satellite digital radio audio 
services). While the license period for the new subscription service 
defined in Sec.  383.2(h) began with the inception of that service, 
the parties agreed to an expiration date different than that of the 
preexisting services, as allowed under this section.
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    In order to have successor rates and terms in place prior to the 
expiration of the current rates, the Judges, by this notice, are 
commencing the rate determination proceeding for the license period 
2011-2015 for the new subscription service defined in Sec.  383.2(h). 
See 17 U.S.C. 804(b)(3)(C). Section 803(b)(1)(A)(i)(III) of the 
Copyright Act requires the Judges to publish a Federal Register notice 
by January 5, 2009, commencing this proceeding.

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 must be accompanied by the $150 filing fee. Cash will not 
be accepted; therefore, parties must pay the filing fee with a check or 
money order made payable to ``Copyright Royalty Board.'' If a check 
received in payment of the filing fee is returned for lack of 
sufficient funds, the corresponding Petition to Participate will be 
dismissed.
    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 a party is an individual who represents herself 
or himself.

    Dated: December 23, 2008.
Stanley C. Wisniewski,
Copyright Royalty Judge.
 [FR Doc. E8-30974 Filed 1-2-09; 8:23 am]
BILLING CODE 1410-72-P