[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32182-32183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13784]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 14-CRB-0010-CD (2013); Docket No. 14-CRB-0011-SD (2013)]


In re Distribution of Cable Royalty Funds; In re Distribution of 
Satellite Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

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

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SUMMARY: The Copyright Royalty Board announces the commencement of 
proceedings to determine distribution of 2013 royalties deposited with 
the Copyright Office under the cable service statutory license and the 
satellite carrier statutory license. The Judges also set the date by 
which all parties wishing to participate and share in the distribution 
of cable or satellite retransmission royalties for 2013 must file a 
Petition to Participate and pay the accompanying $150 filing fee. The 
Judges seek a single Petition to Participate at any stage of the cable 
royalty proceeding and a separate Petition to Participate at any stage 
of the satellite royalty proceeding.

DATES: Petitions to Participate and the filing fee are due on or before 
July 6, 2015.

ADDRESSES: This notice and request is also posted on the agency's Web 
site (www.loc.gov/crb) and on Regulations.gov (www.regulations.gov). 
Parties who plan to participate should see ``How to Submit Petitions to 
Participate'' in the SUPPLEMENTARY INFORMATION section below for 
physical addresses and further instructions.

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

SUPPLEMENTARY INFORMATION: 

Background

    Twice each year, cable services and satellite carriers deposit with 
the Copyright Office royalties payable for the license to transmit 
over-the-air television and radio broadcast signals via cable and 
satellite. 17 U.S.C. 111, 119. The Copyright Royalty Judges (Judges) 
oversee distribution of the royalties to copyright owners whose works 
are included in the retransmissions and who have filed a timely claim 
for royalties. Pursuant to 17 U.S.C. 803(b)(1), the Judges hereby give 
notice of the commencement of proceedings for distribution of cable and 
satellite royalties deposited for broadcasts retransmitted in 2013 and 
call for interested parties to file Petitions to Participate.
    Any party wishing to receive royalties payable for 2013 must file a 
Petition to Participate for the applicable proceeding no later than 
July 6, 2015. The Judges will resolve all issues relating to 
distribution of cable and satellite royalty funds for 2013 in these 
proceedings, Docket No. 14-CRB-0010-CD (2013) and Docket No. 14-CRB-
0011-SD (2013). See 37 CFR 351.1(b)(2).

Commencement of Distribution Proceedings

    The Judges have determined that controversies exist with regard to 
distribution of the cable and satellite retransmission royalties that 
licensees deposited for 2013. Therefore, pursuant to Section 804(b)(8) 
of the Copyright Act, the Judges are causing this notice to be 
published in the Federal Register to announce the commencement of cable 
and satellite distribution proceedings for the 2013 funds.
    The Judges base their conclusion regarding 2013 controversies upon 
information provided by certain interested parties in response to the 
Judges' published Notice Requesting Comments. See 79 FR 76396 (December 
22, 2014). The Judges received comments from nine parties.\1\ All 
respondents acknowledged the existence of controversies regarding 
distribution of the 2013 royalty funds; \2\ most respondents asserted 
optimism that they would resolve those controversies through 
negotiation; the commencement of these proceedings does not foreclose 
continued negotiations.\3\
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    \1\ American Society of Composers, Authors and Publishers, 
Broadcast Music, Inc. (ASCAP) and SEASAC, styling themselves ``Music 
Claimants''; the Canadian Broadcasting Corporation on behalf of 
Canadian television stations and copyright owners of programs 
broadcast on Canadian television stations, with limited exceptions, 
referring to themselves as the ``Canadian Claimants Group''; Amazing 
Facts, Inc., American Religious Town Hall Meeting, Inc., Billy 
Graham Evangelistic Association, The Christian Broadcasting Network, 
Inc., Christian Television Corporation and affiliated television 
stations, Coral Ridge Ministries Media, Inc., Crenshaw Christian 
Center, Crystal Cathedral Ministries, In Touch Ministries, Joyce 
Meyer Ministries, Kerry Shook Ministries aka Fellowship of the 
Woodlands, Lakewood Church aka Joel Osteen ministries, Living Church 
of God (International), Inc., Living Word Christian Center, 
Messianic Vision, Inc., Philadelphia Church of God, Inc., Word of 
God Fellowship, Inc. dba Daystar Television Network, together 
calling themselves the ``Devotional Claimants''; The Office of the 
Commissioner of Baseball, National Basketball Association, National 
Football League, National Collegiate Athletic Association, National 
Hockey League, Women's National Basketball Association, together 
styling themselves the ``Joint Sports Claimants''; National 
Association of Broadcasters claiming to represent ``Commercial 
Television Claimants''; Motion Picture Association of America, Inc. 
on behalf of syndicated series, non-team sports, movies, and 
specials, together claiming as ``Program Suppliers''; Public 
Broadcasting Service (PBS) on behalf of copyright owners of 
retransmitted programs aired originally on U.S. noncommercial 
educational television stations; National Public Radio, Inc. (NPR) 
for itself and participating NPR Member station licensees; and a 
representative of commercial television calling itself the 
``Broadcaster Claimants Group.''
    \2\ One of the representative parties asserts no claim to 2013 
cable royalty funds: The Broadcaster Claimants Group. Four of the 
representative parties assert no claim to 2013 satellite royalty 
funds: Music Claimants, Commercial Television Claimants, PBS, and 
NPR.
    \3\ On May 28, 2015, the Judges granted motions for partial 
distribution of 2013 satellite and 2013 cable royalties. Order 
Granting Motion of Phase I Claimants for Partial Distribution of 
2013 Satellite Royalty Funds, Docket No. 14-CRB-0011 SD (2013) and 
Order Granting Motion of Phase I Claimants for Partial Distribution, 
Docket No. 14-CRB-0010 CD (2013).
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    When submitting comments regarding the existence of controversies, 
some claimants identified themselves as seeking royalties for a certain 
category of programs. The Judges recognize that other claimants might 
not be affiliated with or be represented by joint counsel for the self-
styled groups of claimants that have expressed an interest in this 
proceeding. The Judges, therefore, provide this public notice to alert 
any entity who claims an interest in cable or satellite retransmission 
royalties deposited for royalty year 2013.
    In order to share in the royalties at issue, any claimant, whether 
or not affiliated with one of the groups identified in footnote 1 
above, must file a Petition to Participate in each proceeding in which 
it seeks royalties, individually or jointly with other claimants. If, 
at a later point in the proceedings, a claimant chooses to join a group 
participating through joint counsel, that claimant may withdraw its 
individual Petition to Participate by giving written notice in the 
proceeding identifying the group with which it wishes to affiliate. The 
prerequisites to participation in a distribution proceeding are (1) the 
filing (individually or jointly) of a valid claim for the royalty year 
at issue (2013) and

[[Page 32183]]

(2) the filing (individually or jointly) of a valid Petition to 
Participate.
    Only attorneys who are members in good standing of the bar of one 
or more states may represent parties before the Judges. All corporate 
parties must appear through counsel. Only if the petitioning party is 
an individual, may he or she represent himself or herself without legal 
counsel. 37 CFR 350.2.
    The Judges have assigned separate docket numbers to the cable and 
satellite distribution proceedings for 2013. Participants are required, 
therefore, to file separate Petitions to Participate with respect to 
each fund.

Petitions To Participate

    Parties filing Petitions to Participate must comply with the 
requirements of Section 351.1(b) of the CRB's regulations. In addition, 
each Petition to Participate must set forth the name of each claimant, 
the corresponding claim number, and an indication of whether the claim 
is an individual or joint claim. Petitioners are responsible for making 
a sufficient showing of a ``significant interest'' in the royalty funds 
at issue. See 17 U.S.C. 803(b)(2).
    Claimants whose claims do not exceed $1,000 in value and who 
include a statement in their Petitions to Participate that they will 
not seek distribution of more than $1,000 may file the Petition to 
Participate without payment of the filing fee. The CRB will reject any 
Petition to Participate that is not accompanied by either the statement 
of limitation described in the preceding sentence or the $150 filing 
fee. The CRB will not accept cash payment. Parties must pay the filing 
fee with a check or money order payable to the ``Copyright Royalty 
Board.'' The CRB may reject any Petition to Participate that is 
accompanied by a check returned for lack of sufficient funds.

How To Submit Petitions To Participate

    Any party wishing to participate and share in the distribution of 
cable or satellite royalty funds for 2013 shall submit to the Copyright 
Royalty Board the filing fee (US $150), if required, an original 
Petition to Participate, five paper copies, and an electronic copy in 
Portable Document Format (PDF) that contains searchable, accessible 
text (not an image) on a CD or other portable memory device to only one 
of the following addresses.
    U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 
20024-0977; or
    Overnight service (only USPS Express Mail is acceptable): Copyright 
Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or
    Commercial courier: Address package to: Copyright Royalty Board, 
Library of Congress, James Madison Memorial Building, LM-403, 101 
Independence Avenue SE., Washington, DC 20559-6000. Deliver to: 
Congressional Courier Acceptance Site, 2nd Street NE. and D Street NE., 
Washington, DC; or
    Hand delivery: Library of Congress, James Madison Memorial 
Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559-
6000.
    Participants should conform filed electronic documents to the 
Judges' Guidelines for Electronic Documents, available online at 
www.loc.gov/crb/docs/Guidelinesfor_Electronic_Documents.pdf.

    Dated: June 1, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-13784 Filed 6-4-15; 8:45 am]
 BILLING CODE 1410-72-P