[Federal Register Volume 82, Number 1 (Tuesday, January 3, 2017)]
[Notices]
[Pages 143-144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31685]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 17-CRB-0001-BER (2019-2023)]


Determination of Royalty Rates and Terms for Making Ephemeral 
Copies of Sound Recordings for Transmission to Business Establishments 
(Business Establishments III)

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 (Judges) announce commencement of 
a proceeding \1\ to determine reasonable royalty rates and terms for 
the recording of ephemeral copies of sound recordings pursuant to 17 
U.S.C. 112(e)(1) to facilitate digital audio transmissions of those 
sound recordings to business establishments pursuant to the limitation 
on exclusive rights specified by 17 U.S.C. 114(d)(1)(C)(iv). The 
royalty rates and terms the Judges determine in this proceeding will 
apply during the period beginning January 1, 2019, and ending December 
31, 2023. The Judges also announce the date by which a party wishing to 
participate in the rate determination proceeding must file its Petition 
to Participate and pay the accompanying $150 filing fee.
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    \1\ CRB docket number 17-CRB-0001-BER (2019-2023).

DATES: Petitions to Participate and the filing fee are due no later 
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than February 2, 2017.

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

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, 
by telephone at (202) 707-7658 or email at [email protected].

SUPPLEMENTARY INFORMATION: The Copyright Act provides that the 
Copyright Royalty Judges (Judges) commence a proceeding every fifth 
year \2\ to determine royalty rates and terms for the recording of 
ephemeral copies of sound recordings pursuant to the statutory license 
in 17 U.S.C. 112(e)(1) to facilitate digital audio transmissions of 
those sound recordings to business establishments pursuant to the 
limitation on exclusive rights specified by 17 U.S.C. 114(d)(1)(C)(iv). 
See sec. 804(b)(2). This notice commences the rate determination 
proceeding for the license period 2019-2023, inclusive. Section 
803(b)(1)(A)(i)(II) directs the Judges to publish in the Federal 
Register a notice commencing this proceeding by no later than January 
5, 2017.
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    \2\ The Judges commenced a proceeding to determine the 2014-2018 
rates and terms in 2012. See 77 FR 133 (Jan. 3, 2012).
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Petitions to Participate

    Parties with a significant interest in the outcome of the 
``business establishments'' royalty rate proceeding must file Petitions 
to Participate in accordance with Sec.  351.1(b) of the Judges' 
regulations. See 37 CFR 351.1(b). Parties must send the $150 filing fee 
with each Petition to Participate. Parties must pay the filing fee with 
a check or money order made payable to the ``Copyright Royalty Board.'' 
The Copyright Royalty Board will not accept payment by cash. If a check 
received in payment of the filing fee is returned for lack of 
sufficient funds, the Judges will dismiss the corresponding Petition to 
Participate.
    Only attorneys admitted to the bar in one or more states or the 
District of Columbia and who are in good standing with the bar will be 
allowed to represent parties before the Judges. Only an individual may 
represent herself or himself and appear without legal counsel. 37 CFR 
350.2.

How To Submit Petitions to Participate

    Any party wishing to participate in the proceeding to determine the 
``business establishments'' royalty rates for 2019 through 2023 must 
submit to the Copyright Royalty Board the filing fee (U.S. $150), an 
original (paper) Petition to Participate, five paper copies, and an 
electronic copy on a CD or other portable memory device in Portable 
Document Format (PDF) that contains searchable, accessible text (not a 
scanned image of text). Participants should conform all electronic 
documents to the Judges' Guidelines for Electronic Documents posted on 
the Copyright Royalty Board Web site at http://www.loc.gov/crb/docs/Guidelines_for_Electronic_Documents.pdf.
    Participants shall deliver Petitions to Participate 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 between 
8:30 a.m. and 4:00 p.m. to: Congressional Courier Acceptance Site, 2nd 
Street NE and D Street NE., Washington, DC; or
    Hand delivery: Deliver between 8:30 a.m. and 5:00 p.m. to: The 
Library of Congress, James Madison Memorial Building, LM-401, 101 
Independence Avenue SE., Washington, DC 20559-6000.


[[Page 144]]


    Dated: December 23, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016-31685 Filed 12-30-16; 8:45 am]
 BILLING CODE 1410-72-P