[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Notices]
[Pages 50114-50115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19966]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Dockets No. 2012-7 CRB SD 2000-2009; 2008-5 CRB SD 1999-2000]
Distribution of 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006,
2007, 2008, and 2009 Satellite Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice announcing commencement of Phase II distribution
proceeding and request for Petitions to Participate.
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SUMMARY: The Copyright Royalty Judges (Judges) announce the
commencement of a proceeding to determine the Phase II distribution of
royalties deposited by satellite carriers for a statutory license to
retransmit over-the-air television broadcast stations. A party wishing
to participate in this distribution proceeding must file its Petition
to Participate and the accompanying $150 filing fee, if applicable, by
the deadline announced in this notice.
DATES: Petitions to Participate are due on or before September 16,
2013.
ADDRESSES: Participants must submit a Petition to Participate in a
hard-copy original, with five paper copies and an electronic copy in
Portable Document Format (PDF) on a Compact Disc, along with the $150
filing fee, to the Copyright Royalty Board by either mail or hand
delivery. Participants MAY NOT submit Petitions to Participate and the
$150 filing fee by an overnight delivery service other than the U.S.
Postal Service Express Mail. If participants choose to use U.S. Postal
Service (including overnight delivery), they must address their
submissions to: Copyright Royalty Board, P.O. Box 70977, Washington, DC
20024-0977. If participants choose hand delivery by a private party,
they must deliver the submissions to the Library of Congress, James
Madison Memorial Building, LM-401, 101 Independence Avenue SE.,
Washington, DC 20559-6000. If participants choose delivery by a
commercial courier, they must deliver the submissions 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,
by telephone at (202) 707-7658 or email at [email protected].
SUPPLEMENTARY INFORMATION:
Background
Twice each calendar year, satellite carriers must deposit royalty
payments with the Copyright Office for the statutory license granting
the privilege of retransmitting over-the-air television broadcast
stations. See 17 U.S.C. 119(b)(1)(B). These royalties are then
distributed to copyright owners whose works were retransmitted and who
timely filed a claim for royalties.
The royalties for each calendar year at issue are distributed in
two phases. At Phase I, the royalties are divided among representatives
of categories of copyrightable content (e.g., movies, music, and sports
programming). At Phase II, the royalties are divided among the various
copyright owners within each category. If all participants agree to a
proposed distribution of royalties deposited in any given royalty year,
the Judges may approve the settlement and authorize disbursement. If,
however, the participants identify a controversy as to the proper
distribution, either at Phase I or Phase II, the Judges are required to
conduct a proceeding under chapter 8 of the Copyright Act. See 17
U.S.C. 119(b)(4)(B).
For each of the royalty years at issue in this proceeding, the
Judges have published in the Federal Register a notice requesting
comments as to the existence of controversies regarding distribution of
the funds.\1\ In each instance, the Judges received and considered
comments and ordered partial distribution of satellite royalties.
Participants with a contested claim to each prior year's distribution
now seek initiation of a consolidated Phase II proceeding to resolve
all remaining controversies regarding the royalty funds that the
Copyright Office retains.
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\1\ See Notice Requesting Comments, 70 FR 46193 (Aug. 9, 2005),
Docket 2005-2 CRB SD 2001-2003; Notice Requesting Comments, 73 FR
5597 (Jan. 30, 2008), Docket 2008-5 CRB SD 1999-2000; Notice
Requesting Comments, 75 FR 4423 (Jan. 27, 2010) Docket 2010-2 CRB SD
2004-2007; Notice Requesting Comments, 75 FR 66799 (Oct. 29, 2010),
Docket 2010-7 CRB SD 2008); Notice Requesting Comments, 76 FR 55123
(Sept. 6, 2011), Docket 2011-8 CRB SD 2009.
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On August 29, 2012, representatives of certain Phase I categories
of claimants filed a Joint Motion to Initiate Phase II Proceedings for
the Distribution of the 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,
2008, and 2009 Satellite Royalty Funds (Joint Motion). The parties
making the request are: Joint Sports Claimants (JSC), Program
Suppliers, Devotional Claimants,
[[Page 50115]]
Broadcasters Claimants Group (BCG), and the ``Music Claimants''
consisting of Broadcast Music, Inc. (BMI), American Society of
Composers, Authors & Publishers (ASCAP), and SESAC, Inc. (collectively,
Phase I Parties). Independent Producers Group (IPG) opposed the Joint
Motion on the grounds that: (i) a proceeding for 2000-2009 funds should
not be commenced before resolution of all controversies relating to
1997 to 1999 Satellite funds, and (ii) combining ten years' issues
would present an overwhelmingly difficult task for counsel and the
Judges. The Phase I Parties replied that IPG had not presented a
compelling reason to either delay the proceeding or to bifurcate the
proposed royalty year aggregation.
With respect to the 1999 funds, after the conclusion of a
protracted California state lawsuit initiated by IPG, the Judges
resolved all remaining issues, except allocation of devotional
programming funds.\2\ To the extent IPG's chronology argument had any
weight, that weight is now lifted by the inclusion of the 1999
satellite controversy asserted by IPG in this proceeding.
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\2\ See Order dated June 19, 2013 in 2008-5 CRB SD 1999-2000.
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Similarly, with respect to the issue of consolidating a decade's
distributions, the Judges are confident that, after three- to 14- years
of discussion, negotiation, and professional courtesies, what remains
for judicial consideration is a manageable array of questions, both for
counsel representing the parties and for the Judges. Further, the
statutory calendar for distribution proceedings provides ample time for
discovery, continuing negotiation, and possible settlement of remaining
controversies.
No party questioned the existence of controversies relating to the
satellite funds at issue. IPG's objections to commencement of the
proceeding and to the aggregation of the royalty years for
determination are not persuasive. The Judges, therefore, hereby
announce the commencement of a Phase II distribution proceeding for
satellite royalties deposited between 1999 and 2009, inclusive,
pursuant to 17 U.S.C. 803(b)(1) and request Petitions to Participate
(PTP) from interested parties.
The assigned Docket Number for this consolidated proceeding shall
be 2012-7 CRB SD 1999-2009 (Phase II). To participate in this Phase II
proceeding, a party, other than an individual, must be represented by
an attorney.
Petitions To Participate
Parties in interest must file PTPs in accordance with 37 CFR
351.1(b). Interested parties asserting claims in excess of $1,000 must
include with the PTP a filing fee of $150 in the form of check or money
order payable to ``Copyright Royalty Board''. If a participant's claim
does not exceed $1,000 and if the PTP includes a statement that the
participant will not seek a distribution in excess of $1,000, the
participant need not submit the filing fee.\3\
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\3\ See 17 U.S.C. 803(b)(2)(D)(ii).
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The Judges will address scheduling and further procedural matters
after receiving Petitions to Participate.
Dated: August 13, 2013.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013-19966 Filed 8-15-13; 8:45 am]
BILLING CODE 1410-72-P