[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Notices]
[Pages 42764-42765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-17680]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2010-8 CRB DD 2005-2008 (MW)]
Distribution of the 2005, 2006, 2007 and 2008 Digital Audio
Recording Technology Royalty Funds for the Musical Works Funds
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 a proceeding to determine the distribution
[[Page 42765]]
of the digital audio recording technology royalty fees in the 2005,
2006, 2007 and 2008 Musical Works Funds. The Judges are also announcing
the date by which a party who wishes to participate in this proceeding
must file its Petition to Participate and the accompanying $150 filing
fee, if applicable.
DATES: Petitions to Participate and the filing fee, if applicable, are
due no later than August 20, 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, if applicable, 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. 70977, Washington, DC 20024-0977. If hand
delivered by a private party, Petitions to Participate, along with the
$150 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 $150 filing fee, if
applicable, 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 Keys, CRB Program Specialist.
Telephone: (202) 707-7658. Telefax: (202) 252-3423 or email at
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The Audio Home Recording Act of 1992 (``AHRA''), Public Law 102-
563, requires manufacturers and importers to pay royalties on digital
audio recording devices and media that are distributed in the United
States. 17 U.S.C. 1003. These royalties are deposited with the
Copyright Office for further distribution to eligible claimants. 17
U.S.C. 1005, 1007. Royalties are divided into two funds: The Sound
Recordings Fund (66 \2/3\%) and the Musical Works Fund (33 \1/3\%).
These fees in turn are allocated to specific subfunds. 17 U.S.C.
1006(b). The Musical Works Fund, which is the subject of this notice,
is divided equally between the Publishers Subfund and the Writers
Subfund. 17 U.S.C. 1006(b)(2).
Distribution of these fees may occur in one of two ways. The
interested copyright parties within each subfund may negotiate the
terms of a settlement as to the division of royalty funds. If, after
any such agreements, funds remain in dispute, the Copyright Royalty
Judges may conduct a proceeding to determine the distribution of the
royalties that remain in controversy in each subfund. 17 U.S.C. 1006(c)
& 1007(c).
On April 14, 2011, the Judges issued an order granting certain
claimants' (i.e., Broadcast Music, Inc., the American Society of
Composers, Authors and Publishers, SESAC, Inc., and the Harry Fox
Agency, Inc.) request for 95% of Digital Audio Recording Technology
(``DART'') musical works royalty funds for 2005 through 2008. Order
Granting Claimants' Request for Partial Distribution of 2005 through
2008 DART Musical Works Funds Royalties, Docket No. 2010-8 CRB DD 2005-
2008 (MW). In that order the Judges stated that the claimants did not
represent that the requested fees were not subject to controversy.
Moreover, the Judges have not received any motions for final
distribution with respect to the remaining royalties. Therefore, the
Judges determine that a controversy exists with respect to some or all
of the remaining DART Musical Works Funds Royalties for 2005 through
2008. Today's notice commences a proceeding to determine the proper
distribution of those remaining funds.
Commencement of Proceeding
Consistent with 17 U.S.C. 804(b)(8), the Judges determine that, for
the reasons stated above, a controversy exists with respect to the
distribution of the remaining 2005, 2006, 2007 and 2008 DART Musical
Works Funds Royalties. The Judges are consolidating the consideration
of the distribution of the 2005, 2006, 2007 and 2004 DART Musical Works
Funds into a single proceeding because they anticipate that the parties
involved and the issues regarding the distribution of the royalty fees
will be similar, if not the same, for each year. Moreover, due to the
relatively small amount of funds for each year, consolidation provides
a cost savings to the parties and promotes administrative efficiencies.
Petitions to Participate
Petitions to Participate must provide all of the information
required by 37 CFR 351.1(b)(2), which is available at http://www.loc.gov/cgi-bin/formprocessor/crb/cfr-crb.pl?&urlmiddle=1.0.3.9.4.0.177.1&part=351§ion=1&prev=&next=2.
Participants also must identify by year each subfund in the Musical
Works Fund to which they are asserting a claim to royalties (i.e.,
Music Publishers or Writers, or both). 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.
Interested parties with claims exceeding $1,000, however, must submit a
filing fee of $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. 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. Any party that is an individual may represent
herself or himself. Further procedural matters, including scheduling,
will be addressed after Petitions to Participate have been filed.
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\1\ The Copyright Royalty Judge Program Technical Corrections
Act, Public Law 109-303, changed the amount from $10,000 to $1,000.
Dated: July 16, 2012.
William J. Roberts, Jr.,
Copyright Royalty Judge.
[FR Doc. 2012-17680 Filed 7-19-12; 8:45 am]
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