[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Page 31985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15908]


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

LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2009-4 CRB DD 2005-2006]


Distribution of 2005 and 2006 Digital Audio Recording Royalty 
Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Order denying request for distribution; Notice announcing 
commencement of proceeding and requesting petitions to participate.

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

SUMMARY: The Copyright Royalty Judges are denying a request for 
distribution of digital audio recording technology (``DART'') royalties 
and announcing the commencement of a proceeding to determine the 
distribution of royalty fees in the 2005 and 2006 DART Sound Recordings 
Funds. The Judges also are announcing the date by which a party who 
wishes to participate in the distribution proceeding must file its 
Petition to Participate and the accompanying filing fee, if applicable.

DATES: Petitions to Participate and the filing fee, if applicable, are 
due no later than August 5, 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 a $150 filing fee, if applicable, must be delivered to the 
Copyright Royalty Board by either mail or hand delivery. Petitions to 
Participate 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, if applicable, 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 filing fee, 
if applicable, 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 filing fee, if applicable, 
must be delivered to the Congressional Courier Acceptance Site, located 
at 2nd and D Streets, NE., Washington, DC between 8:30 a.m. and 4 p.m. 
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

    On March 30, 2009, Edward Whitney Mazique filed a motion in which 
he requested a share of royalties remaining in the 2005 and 2006 Sound 
Recordings Funds.\1\ AARC opposes the motion, arguing, among other 
things, that the remaining royalties are still in controversy and that 
a hearing is required to determine their proper distribution. AARC 
contends, however, that such a hearing should be postponed indefinitely 
because the costs of holding one might ``outweigh the financial results 
of the proceeding.'' In light of the participants' continued inability 
to reach a settlement with respect to the remaining funds, a proceeding 
is warranted. Therefore, the motion is denied and the Judges hereby 
announce the commencement of a proceeding and request Petitions to 
Participate from interested persons. The Judges are consolidating the 
2005 and 2006 royalty years into a single proceeding due to the low 
dollar amount in controversy and to enhance administrative efficiency.
---------------------------------------------------------------------------

    \1\ On July 23, 2007, the Judges ordered a distribution of 98% 
of the 2006 Sound Recordings Fund to the Alliance of Artists and 
Recording Companies (``AARC''). In the Matter of Distribution of 
2006 Digital Audio Recording Royalty Funds, Docket No. 2007-2 CRB DD 
2006. On November 16, 2006, the Judges ordered a distribution of 98% 
of the royalties in the 2005 Sound Recordings Fund to AARC and 
Donald Johnson. In the Matter of Distribution of 2005 Digital Audio 
Recording Royalty Funds, Docket No. 2006-4 CRB DD 2005. In the 
latter order, the Judges also denied AARC's motion to dismiss Mr. 
Mazique's claim. The current order concerns the remaining 2% of the 
2005 and 2006 Sound Recordings Funds (both the Copyright Owners 
Subfund and the Featured Artists Subfund), which, according to AARC, 
total approximately $60,000 ($20,000 for the 2005 Fund and $40,000 
for the 2006 Fund). Opposition of the Alliance of Artists and 
Recording Companies to Motion Filed By [Edward Mazique] at 5 (May 7, 
2009). In his motion, Mr. Mazique asks that the remaining 2% of the 
2005 and 2006 Sound Recordings Funds be divided equally among all 
claimants, including himself, other than AARC and ``any parties, 
individuals etc., that have arrangements or have already settled 
with AARC.''
---------------------------------------------------------------------------

Petitions to Participate

    Petitions to Participate must be filed in accordance with 37 CFR 
351.1(b). Petitions to Participate must be accompanied by a $150 filing 
fee, if applicable.\2\ If a petitioner believes that the contested 
amount of that petitioner's claim will be $10,000 or less, petitioner 
shall state that in its petition and need not include the $150 filing 
fee.\3\
---------------------------------------------------------------------------

    \2\ Parties must pay the filing fee with a check or money order 
made payable to ``Copyright Royalty Board.'' If a check is returned 
for lack of sufficient funds the corresponding Petition to 
Participate will be dismissed.
    \3\ 37 CFR 351.1(b)(4).
---------------------------------------------------------------------------

    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 
may represent parties before the Judges, unless a party is an 
individual who represents herself or himself.

    Dated: June 30, 2009.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. E9-15908 Filed 7-2-09; 8:45 am]
BILLING CODE 1410-72-P