[Federal Register Volume 81, Number 95 (Tuesday, May 17, 2016)]
[Notices]
[Pages 30568-30569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11561]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 16-CRB-0013-DART-MWF (2012-2013)]


Distribution of the 2012-2013 Digital Audio Recording Technology 
Musical Works Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice soliciting comments on motion for partial distribution.

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SUMMARY: The Copyright Royalty Judges solicit comments on a motion for 
partial distribution in connection with 2012 and 2013 DART Musical 
Works Fund royalties.

DATES: Comments are due on or before June 16, 2016.

ADDRESSES: This notice and request for comments is also posted on the 
agency's Web site (www.loc.gov/crb). Submit electronic comments to 
[email protected]. See the Supplementary Information section below for 
instructions on submitting comments in other formats.

FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, attorney-advisor, by 
telephone at (202) 707-7658 or email at [email protected].

SUPPLEMENTARY INFORMATION: On April 3, 2016, Broadcast Music, Inc. 
(BMI), the American Society of Composers, Authors and Publishers 
(ASCAP), SESAC, Inc. (SESAC) (together the Performing Rights 
Organizations or PROs) and The Harry Fox Agency LLC (with the PROs, the 
Settling Claimants) filed with the Copyright Royalty Judges (Judges) a 
Motion for Partial Distribution of the Musical Works Fund . . . 
(Motion). In the Motion, the Settling Claimants asserted that they have 
reached a confidential settlement among themselves concerning the 
distribution shares of the 2012 and 2013 DART Musical Works Fund 
royalties.
    The Settling Claimants contend that they are, or they represent, 
``the vast majority'' of claimants entitled to the Musical Works Fund 
royalties at issue in this proceeding. As support for their request, 
the Settling Claimants assert that, since 1997, non-settling music 
writer or publisher claimants have established claims to and have 
received less than 0.1% of the Musical Works Fund, if any. The Settling 
Claimants request a partial distribution of 95% of the subject royalty 
funds pursuant to Section 801(b)(3)(C) of the Copyright Act (Act).
    Under section 801(b)(3)(C) of the Act, before ruling on a partial 
distribution motion the Judges must publish a notice

[[Page 30569]]

in the Federal Register to ascertain whether any claimant entitled to 
receive a share of the subject royalty fees has a reasonable objection 
to the proposed distribution. Consequently, this Notice seeks comments 
from interested claimants on whether any reasonable objection exists 
that would preclude distribution of 95% of the 2012 and 2013 DART 
Musical Works Fund royalties to the Settling Claimants. Any party 
wishing to advise the judges of the existence and extent of an 
objection must do so, in writing, 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.

How To Submit Comments

    Interested claimants must submit comments to only one of the 
following addresses. Unless responding by email, claimants must submit 
an original, five paper copies, and an electronic version on a CD.
    Email: [email protected]; or
    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.

    Dated: May 11, 2016.
Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2016-11561 Filed 5-16-16; 8:45 am]
 BILLING CODE 1410-72-P