[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Pages 59306-59307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23362]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 14-CRB-0008-SD (2010-2012)]


Distribution of 2012 Satellite Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.

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SUMMARY: The Copyright Royalty Judges are soliciting comments on a 
motion of Phase I claimants for partial distribution in connection with 
the 2012 satellite 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 2012 satellite royalty funds.

DATES: Comments are due on or before October 31, 2014.

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

[[Page 59307]]

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, Program Specialist, by 
telephone at (202) 707-7658 or email at [email protected].

SUPPLEMENTARY INFORMATION: Each year satellite systems must submit 
royalty payments to the Register of Copyrights as required by the 
statutory license set forth in section 119 of the Copyright Act for the 
retransmission to satellite subscribers of over-the-air television 
broadcast signals. See 17 U.S.C. 119(b). 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. 119(b)(5)(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. 
119(b)(5)(B).
    On July 25, 2014, representatives of the Phase I claimant 
categories (the ``Phase I Claimants'') \1\ filed with the Judges a 
motion requesting a partial distribution of 60% (as opposed to 50% as 
requested in recent cases) of the 2012 satellite royalty funds pursuant 
to section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 801(b)(3)(C). 
That section requires that the Judges publish a notice in the Federal 
Register seeking responses to the motion for partial distribution to 
ascertain whether any claimant entitled to receive such fees has a 
reasonable objection to the requested distribution before ruling on the 
motion. On September 12, 2014, the Phase I Parties filed a motion for 
expedited resolution of the pending motion. Consequently, this Notice 
seeks comments from interested claimants on whether any reasonable 
objection exists that would preclude the distribution of 60% of the 
2012 satellite royalty funds to the Phase I Claimants. 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.
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    \1\ The ``Phase I Claimants'' are Program Suppliers, Joint 
Sports Claimants, Broadcaster Claimants Group, Music Claimants 
(represented by American Society of Composers, Authors and 
Publishers, Broadcast Music, Inc., and SESAC, Inc.), and Devotional 
Claimants. In Phase I of a satellite royalty distribution 
proceeding, royalties are allocated among certain categories of 
broadcast programming that have been retransmitted by satellite 
systems. The categories have traditionally been movies and 
syndicated television series, sports programming, commercial 
broadcaster-owned programming, religious programming, and music. 
Public Television Claimants, Canadian Claimants, and National Public 
Radio, which traditionally have received Phase I shares of cable 
royalties, do not claim Phase I shares of the satellite royalty 
funds. In Phase II of a satellite royalty distribution proceeding, 
royalties are allocated among claimants within each of the Phase I 
categories.
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    The Judges also seek comment on the existence and extent of any 
controversies to the 2012 satellite royalty funds at Phase I or Phase 
II with respect to those funds that would remain if the motion for 
partial distribution is granted.
    The Motion of the Phase I Claimants for Partial Distribution and 
the Joint Motion of Phase I Claimants for Expedited Resolution of 
Pending Motion for Partial Distribution are posted on the Copyright 
Royalty Board Web site at http://www.loc.gov/crb.

    Dated: September 23, 2014.
Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2014-23362 Filed 9-30-14; 8:45 am]
BILLING CODE 1410-72-P