[Federal Register Volume 75, Number 209 (Friday, October 29, 2010)]
[Pages 66798-66799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27332]



Copyright Royalty Board

[Docket No. 2010-6 CRB CD 2008]

Distribution of the 2008 Cable Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.


SUMMARY: The Copyright Royalty Judges are soliciting comments on a 
motion of Phase I claimants for partial distribution in connection with 
the 2008 cable royalty funds. The Judges are also requesting comments 
as to the existence of Phase I and Phase II controversies with respect 
to the distribution of 2008 cable royalty funds.

DATES: Comments are due on or before November 29, 2010.

ADDRESSES: Comments may be sent electronically to [email protected]. In the 
alternative, send an original, five copies, and an electronic copy on a 
CD either by mail or hand delivery. Please do not use multiple means of 
transmission. Comments may not be delivered by an overnight delivery 
service other than the U.S. Postal Service Express Mail. If by mail 
(including overnight delivery), comments must be addressed to: 
Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If 
hand delivered by a private party, comments 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, comments 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: Richard Strasser, Senior Attorney, or 
Gina Giuffreda, Attorney Advisor, by

[[Page 66799]]

telephone at (202) 707-7658 or e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Each year cable systems must submit royalty 
payments to the Register of Copyrights as required by the statutory 
license set forth in section 111 of the Copyright Act for the 
retransmission to cable subscribers of over-the-air television and 
radio broadcast signals. See 17 U.S.C. 111(d). These royalties are then 
distributed to copyright owners whose works were included in a 
qualifying transmission and who timely filed a claim for royalties. 
Allocation of the royalties collected occurs in one of two ways. In the 
first instance, these funds will be distributed through a negotiated 
settlement among the parties. 17 U.S.C. 111(d)(4)(A). If the claimants 
do not reach an agreement with respect to the royalties, the Copyright 
Royalty Judges (``Judges'') must conduct a proceeding to determine the 
distribution of any royalties that remain in controversy. 17 U.S.C. 
    On September 22, 2010, representatives of the Phase I claimant 
categories (the ``Phase I Parties'') \1\ filed with the Judges a motion 
requesting a partial distribution of 50% of the 2008 cable royalty 
funds pursuant to Section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 
801(b)(3)(C). Under that section of the Copyright Act, before ruling on 
a partial distribution motion the Judges must publish a notice in the 
Federal Register seeking responses to the motion to ascertain whether 
any claimant entitled to receive such royalty fees has a reasonable 
objection to the proposed distribution. Consequently, this Notice seeks 
comments from interested claimants on whether any reasonable objection 
exists that would preclude the distribution of 50% of the 2008 cable 
royalty funds to the Phase I Parties. The Judges must be advised of the 
existence and extent of all such objections by the end of the comment 
period. The Judges will not consider any objections with respect to the 
partial distribution motion that come to their attention after the 
close of that period.

    \1\ The ``Phase I Parties'' are the Program Suppliers, Joint 
Sports Claimants, Public Television Claimants, Commercial Television 
Claimants (represented by National Association of Broadcasters), 
Music Claimants (represented by American Society of Composers, 
Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), 
Canadian Claimants, National Public Radio, and the Devotional 
Claimants. In Phase I of a cable royalty distribution proceeding, 
royalties are allocated among certain categories of broadcast 
programming that have been retransmitted by cable systems. The 
categories have traditionally been movies and syndicated television 
series, sports programming, commercial and noncommercial 
broadcaster-owned programming, religious programming, music, public 
radio programming, and Canadian programming. In Phase II of a cable 
royalty distribution proceeding, royalties are allocated among 
claimants within each of the Phase I categories.

    The Judges also seek comment on the existence and extent of any 
controversies to the 2008 cable royalty funds at Phase I or Phase II 
with respect to those funds that would remain if the partial 
distribution is granted.
    The Motion of Phase I Claimants for Partial Distribution is posted 
on the Copyright Royalty Board Web site at http://www.loc.gov/crb.

    Dated: October 20, 2010.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010-27332 Filed 10-28-10; 8:45 am]