[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Notices]
[Page 133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33632]


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

LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2012-1 CRB Business Establishments II]


Determination of Rates and Terms for Business Establishment 
Services

AGENCY: Copyright Royalty Board, Library of Congress.

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

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

SUMMARY: The Copyright Royalty Judges are announcing the commencement 
of the proceeding to determine the reasonable rates and terms for the 
making of an ephemeral recording of a sound recording for a later 
transmission by entities that transmit performances of a sound 
recording to business establishments. The Judges also are announcing 
the date by which a party who wishes to participate in this rate 
proceeding must file its Petition to Participate and the accompanying 
$150 filing fee.

DATES: Petitions to Participate and the filing fee are due no later 
than February 2, 2012.

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 overnight delivery service 
other than the U.S. Postal Service Express Mail. If by mail (including 
overnight delivery), Petitions to Participate and the 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 and the filing fee must be brought between 8:30 a.m. and 5 
p.m. 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 and the 
filing fee must be delivered between 8:30 a.m. and 4 p.m. 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, Room LM-
403, 101 Independence Avenue SE., Washington, DC 20559-6000.

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

SUPPLEMENTARY INFORMATION: 

Background

    This Notice is issued pursuant to 17 U.S.C. 804(b)(2), which 
requires the commencement of proceedings ``to determine reasonable 
terms and rates of royalty payments for the activities described in 
section 112(e)(1) relating to the limitation on exclusive rights 
specified by section 114(d)(1)(C)(iv).'' Section 112(e)(1) of the 
Copyright Act, title 17 of the United States Code, authorizes entities 
that transmit performances of sound recordings to business 
establishments, pursuant to the limitations set forth in section 
114(d)(1)(C)(iv), to make an ephemeral phonorecord of a sound recording 
for purposes of a later transmission. In accordance with section 
804(b)(2) as amended by the Copyright Royalty and Distribution Reform 
Act of 2004, the first proceeding was commenced in 2007, 72 FR 584 
(January 5, 2007); on March 27, 2008, the Copyright Royalty Judges 
published regulations that set the rates and terms for the license 
period 2009-2013. Section 804(b)(2) also requires that such proceedings 
``shall be repeated in each subsequent fifth calendar year.'' Thus, in 
accordance with section 804(b)(2) of the Copyright Act, the Judges 
announce the commencement of the proceeding to set rates and terms for 
the 2014-2018 license period. Section 803(b)(1)(A)(i)(II) directs the 
Judges to publish in the Federal Register a notice commencing this 
proceeding by no later than January 5, 2012. Today's notice fulfills 
this requirement.

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 a $150 filing fee. Parties must pay 
the filing fee with a check or money order made payable to the 
``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.
    In accordance with 37 CFR 350.2 (Representation), only attorneys 
who are members of the bar in one or more states or the District of 
Columbia and in good standing will be allowed to represent parties 
before the Copyright Royalty Judges, unless a party is an individual 
who represents himself or herself.

    Dated: December 28, 2011.
Stanley C. Wisniewski,
U.S. Copyright Royalty Judge.
[FR Doc. 2011-33632 Filed 12-30-11; 8:45 am]
BILLING CODE 1410-72-P