[Federal Register Volume 82, Number 112 (Tuesday, June 13, 2017)]
[Rules and Regulations]
[Pages 27016-27021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12114]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Parts 350 and 360

[Docket No. 17-CRB-0012-RM]


Procedural Regulations for the Copyright Royalty Board Regarding 
Electronic Filing of Claims

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

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SUMMARY: The Copyright Royalty Judges are amending regulations 
governing claims to royalty fees deposited with the Copyright Office 
under compulsory licenses to reflect implementation of a new electronic 
filing system and to consolidate cable and satellite rules.

DATES:  Effective June 13, 2017.

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

SUPPLEMENTARY INFORMATION: 

I. Introduction

    On March 17, 2017, the Copyright Royalty Judges (Judges) published 
a notice in the Federal Register seeking comments on proposed 
amendments to regulations relating to an automated system, designated 
eCRB.\1\ The proposed regulations addressed electronic filing of claims 
to royalty fees deposited with the Copyright Office for compulsory 
licenses. The Judges received comments from the following interested 
parties: The Allocation Phase Parties; \2\ the Joint Sports Claimants 
(JSC); \3\ the MPAA-Represented Program Suppliers (Program Suppliers); 
\4\ the Performing Rights Organizations (PROs); \5\ and Screenrights 
International (Screenrights).\6\
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    \1\ See 82 FR 14167.
    \2\ ``The Allocation Phase Parties are Program Suppliers, Joint 
Sports Claimants, Commercial Television Claimants, Public 
Broadcasting Service, American Society of Composers, Authors and 
Publishers, Broadcast Music, Inc., SESAC, Inc., Settling Devotional 
Claimants, Canadian Claimants Group, and National Public Radio.'' 
Comments of the Allocation Phase Parties at 1 n1.
    \3\ The JSC is comprised of Office of the Commissioner of 
Baseball, National Football League, National Basketball Association, 
Women's National Basketball Association, National Hockey League, and 
the National Collegiate Athletic Association. JSC Comments at 1 n.1.
    \4\ The Program Suppliers are comprised of The Motion Picture 
Association of America, Inc., its member companies and ``other 
producers and/or distributors of syndicated series, movies, 
specials, and non-team sports broadcast by television stations.'' 
Program Suppliers Comments at 1.
    \5\ The PROs consist of the American Society of Composers, 
Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.
    \6\ ``Screenrights International is a division of the Audio-
Visual Copyright Society Pty Ltd trading as Screenrights the 
Australian based collecting society.'' Screenrights Comments at 1.
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II. Comments on Proposed Rules and Judges' Findings

    The Judges address the comments on a section-by-section basis. The 
Judges will adopt without change those sections upon which no 
interested party commented.\7\
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    \7\ The Judges received no comments, apart from technical 
corrections, on the following sections in the NPRM: Sec. Sec.  
350.5(c)(3), 360.1, 360.2, 360.3, 360.5, 360.20, 360.21, 360.23, 
360.24, 360.31, and 360.32. The Judges have incorporated in the 
final rule all technical corrections to these provisions identified 
in the comments.
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Section 360.4--Form and Content of Claims

    Each of the comments the Judges received addressed this section. 
All of the commenters opposed proposed language that would have 
required parties filing joint claims to identify a qualifying secondary 
transmission of a work for each copyright owner listed in a joint 
claim. See, e.g., Comments of the Allocation Phase Parties at 1-4; JSC 
Comments at 1; Program Suppliers Comments at 3-4; PROs Comments at 4-6; 
Screenrights Comments at 1. Two commenters sought clarification that 
Sec.  360.4(b)(2)(ii) does not require the filer of a joint claim to 
include a separate statement from each copyright owner confirming the 
filer's authorization to act on the copyright owner's behalf. See 
Comments of the Allocation Phase Parties at 6-7; Program Suppliers 
Comments at 2-3. In addition, the Program Suppliers proposed that the 
special relief granted to performing rights organizations in Sec.  
360.4(b)(2)(i) and (ii) be extended to ``collective management 
organizations'' such as AGICOA, EGEDA, and Screenrights. See Program 
Suppliers Comments at 4-7.\8\
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    \8\ Several commenters also suggested nonsubstantive, technical 
corrections to this section. The Judges find all of those 
suggestions to have merit and have included them in the final rule.
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    The Allocation Phase Parties described the burden on claimants and 
filers of requiring identification of a qualifying transmission for a 
work of each copyright owner listed in a joint claim, both in terms of 
labor and monetary expense. ``For example, the

[[Page 27017]]

last time one of the Allocation Phase Parties . . . undertook such a 
task, it expended approximately 300 hours annually to identify 
secondary transmissions . . . . [F]or many copyright owners' claims it 
would require merging commercially available and expensive broadcast 
programming databases with cable carriage data . . . .'' Comments of 
the Allocation Phase Parties at 3. The Allocation Phase Parties also 
noted that the Copyright Office had considered and ultimately rejected 
the same requirement in 1994. Id. at 2-3. In the face of unanimous 
opposition from interested parties, the Copyright Office concluded that 
``requiring identification of a secondary transmission for each joint 
claimant would add in some cases a substantial burden and cost to joint 
claimants without yielding an appreciable return in administrative 
efficiency.'' Id. at 3 (quoting Final Regulations, Copyright 
Arbitration Royalty Panels, 59 FR 63025-63028 (Dec. 7, 1994)).
    Identifying only a single secondary transmission on a joint claim 
has very little utility for the Judges. The Judges proposed requiring 
identification of secondary transmissions for each joint claimant at 
the claims-filing stage in order to improve the efficiency of 
distribution proceedings by screening out invalid claims at the 
earliest possible point in the claims distribution process. The Judges 
must weigh the potential improvement of administrative efficiency 
against the cost of compliance on some claimants, and the potential for 
deterring the filing of meritorious claims. On balance, the Judges find 
that the burden outweighs the benefit and will not include the proposed 
requirement in the final rule. Moreover, given the extremely limited 
value of identifying a single secondary transmission on a joint claim, 
the Judges will eliminate that existing requirement as well.\9\
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    \9\ In order to maintain consistency for single and joint 
claimants, the Judges will eliminate the requirement to identify a 
secondary transmission from both single and joint claims.
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    Similar considerations apply to Sec.  360.4(b)(2)(ii). The language 
the Judges proposed was intended to elicit information from joint 
claimants regarding their authorization to file claims on behalf of 
each of the copyright owners listed in the claim. Again, the Judges 
were seeking to improve the efficiency of distribution proceedings by 
screening out invalid claims at the earliest possible point in the 
distribution process. The Judges recognize that the proposal would 
impose additional cost on some claimants, potentially deterring them 
from filing meritorious claims. Consequently, the Judges will omit the 
proposed the language concerning authorization from the final rule. The 
Judges will rely instead on the filer's declaration and certification 
regarding the filer's authority and the veracity of the claim.
    The Program Suppliers have proposed that the Judges extend to 
collective management organizations (CMOs) the existing language that 
exempts performing rights organizations from the requirement to 
identify each of the copyright owners covered by a joint claim. The 
Program Suppliers argued that ``CMOs are distinct from other non-PRO 
claimants in that they are government-authorized, non-profit entities 
typically regulated by their native national legislation, and are 
specifically created to administer audiovisual rights and/or collect 
royalties on behalf of thousands of rights owners based in their 
respective countries or regions . . . . Within the context of 
retransmission royalties, CMOs therefore are similarly situated as 
PROs.'' Program Suppliers Comments at 5-6.
    This is a new proposal that has not been reviewed or commented upon 
by any interested parties (other than the Program Suppliers). The 
administrative record is limited to a brief discussion in the Program 
Suppliers Comments. The Judges are not prepared to extend the existing 
exemption to a potentially broad group of entities on this basis. The 
final rule will not include the Program Suppliers' proposal.

Section 360.22--Form and Content of Claims

    The PROs urged the Judges to revise this provision to permit filers 
of joint claims to submit a list of joint claimants in electronic form. 
PROs Comments at 7. The PROs ``anticipate[d]''--correctly--that eCRB 
will accommodate lists of claimants in electronic format, and seek 
express acknowledgement in the regulation. In addition, the PROs sought 
language that would permit parties filing joint claims by mail or hand 
delivery to provide claimant lists on a CD or other electronic format.
    Claims filed through eCRB are entirely electronic. eCRB will permit 
a person filing a joint claim to list up to ten claimants in the 
webform. For joint claims with more than ten claimants, the filer will 
be permitted to attach a separate electronic file that lists the 
claimants. Proposed Sec.  360.4(b)(2)(i) already reflects this eCRB 
innovation. The Judges will modify proposed Sec.  360.22 to reflect 
this as well.
    In addition, the Judges find the PROs' proposal to permit parties 
filing joint claims by mail or hand delivery to provide claimant lists 
on a CD or other electronic format to be reasonable and likely to 
improve administrative efficiency. The Judges will therefore include 
this proposal in both the final rule for cable and satellite claims 
(Sec.  360.4) and the final rule for DART claims (Sec.  360.22).

Section 360.30--Amendment of Claims

    The Allocation Phase Parties and the Program Suppliers urged the 
Judges to permit amendment of claims after the claims-filing deadline 
without requiring the claimant to file a motion with the Judges. See 
Comments of the Allocation Phase Parties at 4-6; Program Suppliers 
Comments at 7-8. As proposed, Sec.  360.30 would permit claimants to 
amend claims prior to the claims filing deadline by filing a Notice of 
Amendment. In the proposed rule, after the statutory claims filing 
period claimants would be required to file a motion with the Judges 
demonstrating good cause and lack of prejudice to other claimants.
    The Allocation Phase Parties noted that ``[t]he only elements of a 
claim subject to being amended are those relating to the `general 
statement of the nature of the works' being claimed and to the example 
of a secondary transmission of one of the copyright owner's works 
establishing the basis of the claim.'' Comments of the Allocation Phase 
Parties at 5 (citations and footnote omitted).\10\ They argued that 
``amendments of those portions of a claim should be allowed as of right 
at any time.'' Id. The Program Suppliers pointed out that, as drafted, 
the regulation would require a claimant to file a motion to fix 
typographical and other nonsubstantive errors after the claims 
deadline. Program Suppliers Comments at 7. In addition, they noted that 
``the Judges typically do not establish docket numbers or official 
service lists for cable or satellite royalty distribution proceedings 
until months (or even years) after royalty claims are filed'' making it 
difficult for claimants to file motions with the Judges. Id. at 7-8.
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    \10\ The Allocation Phase Parties also note, correctly, that 
under the proposal claimants are required to update contact 
information for the filer and copyright owner(s) and are prohibited 
from adding additional claimants after the claims filing deadline.
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    The Allocation Phase Parties' assertion is mistaken: There are 
other elements of a claim that may be amended. For example, while the 
proposed regulation would prohibit

[[Page 27018]]

filers from adding additional claimants to a joint claim, it would 
allow a filer to strike claimants that have been included in error. 
Filers might also need to amend a claim to correct an erroneous 
corporate name or to reflect a corporate acquisition or name change. In 
addition, the Allocation Phase Parties failed to note those elements of 
a claim to DART royalties, such as the list and category of interested 
copyright parties and identification of the subfund in which they 
claim, that are not addressed by the final sentence of Sec.  360.30.
    Nevertheless, the Allocation Phase Parties are correct in pointing 
out that the regulations should allow certain amendments as of right 
after the claims filing deadline. In addition, the Program suppliers 
are correct in pointing out practical difficulties in filing a motion 
to amend a claim prior to the initiation of a distribution 
proceeding.\11\
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    \11\ The eCRB system will establish a docket number for 
distribution proceedings concurrently with the filing of the first 
claim in each category. Assignment of the docket number alone, 
however, will not trigger filing Petitions to Participate, which are 
the source documents for lists of participants requiring notice of 
proceeding activities.
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    The final regulation will permit amendment to filed claims prior to 
the claims filing deadline as of right. It will also permit amendment 
to filed claims after the claims filing deadline as of right, provided 
that the amendment is limited to correcting the general description of 
the nature of the work, fixing typographical or other nonsubstantive 
errors in other portions of the claim, or striking a claimant that was 
erroneously included in a joint claim. The Judges will address the 
procedure for making any other amendments to filed claims in a separate 
rulemaking at a later date and after further study.
    Having considered all comments from interested parties, the Judges 
adopt as final rules the changes and additions to 37 CFR parts 350 and 
360 detailed in this Final Rule.

Final Regulations

List of Subjects

37 CFR Part 350

    Administrative practice and procedure, Claims, Copyright, 
Electronic filing.

37 CFR Part 360

    Administrative practice and procedure, Cable royalties, Claims, 
Copyright, Electronic filing, Satellite royalties.

    For the reasons set forth in the preamble, we amend parts 350 and 
360 of Title 37 of the Code of Federal Regulations as follows:

PART 350--GENERAL ADMINISTRATIVE PROVISIONS

0
1. The authority citation for part 350 continues to read as follows:

    Authority:  17 U.S.C. 803.


0
2. Amend Sec.  350.5 by adding paragraph (c)(3) to read as follows:


Sec.  350.5  Electronic filing system (eCRB).

* * * * *
    (c) * * *
    (3) Claimants. Any person desiring to file a claim with the 
Copyright Royalty Board for copyright royalties may obtain an eCRB 
password for the limited purpose of filing claims by completing the 
application form available on the CRB Web site.
* * * * *



0
3. Revise part 360 to read as follows:

PART 360--FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER 
COMPULSORY LICENSE

Subpart A--Cable and Satellite Claims
Sec.
360.1 General.
360.2 Definitions.
360.3 Time of filing.
360.4 Form and content of claims.
360.5 Copies of claims.
Subpart B--Digital Audio Recording Devices and Media (DART) Royalty 
Claims
360.20 General.
360.21 Time of filing.
360.22 Form and content of claims.
360.23 Copies of claims.
360.24 Content of notices regarding independent administrators.
Subpart C--Rules of General Application
360.30 Amendment of claims.
360.31 Withdrawal of claims.
360.32 Reinstatement of previously withdrawn claims.

    Authority:  17 U.S.C. 801, 803, 805.
    Subpart A also issued under 17 U.S.C. 111(d)(4) and 119(b)(4).
    Subpart B also issued under 17 U.S.C. 1007(a)(1).
    Subpart C also issued under 17 U.S.C. 111(d)(4), 119(b)(4) and 
1007(a)(1).

Subpart A--Cable and Satellite Claims


Sec.  360.1  General.

    This subpart prescribes procedures under 17 U.S.C. 111(d)(4)(A) and 
17 U.S.C. 119(b)(4) whereby parties claiming entitlement to cable 
compulsory license royalty fees or satellite compulsory license royalty 
fees must file claims with the Copyright Royalty Board.


Sec.  360.2  Definitions.

    For purposes of this subpart, the following definitions will apply:
    Cable compulsory license royalty fees means royalty fees deposited 
with the Copyright Office pursuant to 17 U.S.C. 111.
    Performing rights society has the meaning set forth in 17 U.S.C. 
101.
    Satellite compulsory license royalty fees means royalty fees 
deposited with the Copyright Office pursuant to 17 U.S.C. 119.


Sec.  360.3  Time of filing.

    (a) During the month of July each year, any party claiming to be 
entitled to cable compulsory license royalty fees or satellite 
compulsory license royalty fees for secondary transmissions during the 
preceding calendar year must file a claim or claims with the Copyright 
Royalty Board. No party will receive royalty fees for secondary 
transmissions during the specified period unless the party has filed a 
timely claim to the fees. Claimants may file claims jointly or as a 
single claim. Claimants must file separate claims for cable compulsory 
license royalty fees and satellite compulsory license royalty fees. The 
Copyright Royalty Board will reject any claim that purports to be for 
both cable and satellite royalty fees.
    (b) Claims filed with the Copyright Royalty Board will be 
considered timely filed only if they are filed online through eCRB or 
by mail or hand delivery in accordance with Sec.  301.2 during the 
month of July, as determined in accordance with Sec.  350.7.
    (c) Notwithstanding paragraphs (a) and (b) of this section, in any 
year in which July 31 falls on a Saturday, Sunday, holiday, or other 
nonbusiness day within the District of Columbia or the Federal 
Government, the due date for claims to cable or satellite compulsory 
license royalty fees will be the first business day in August.
    (d) In the event the Copyright Royalty Board does not receive a 
claim that was properly addressed and mailed, the filer may prove 
proper filing of the claim if it was sent by certified mail return 
receipt requested, and the filer produces a receipt bearing a July date 
stamp of the United States Postal Service. The Copyright Royalty Board 
will accept no other offer of proof in lieu of the return receipt.
    (e) For claims filed electronically through eCRB, the Copyright 
Royalty Board will accept the confirmation email generated by eCRB as 
proof of filing. The Copyright Royalty Board will accept no other offer 
of proof regarding claims filed electronically through eCRB.

[[Page 27019]]

Sec.  360.4  Form and content of claims.

    (a) Forms. (1) Each filer must use the form prescribed by the 
Copyright Royalty Board to claim cable compulsory license royalty fees 
or satellite compulsory license royalty fees and must provide all 
information required by that form and its accompanying instructions.
    (2) Copies of claim forms are available:
    (i) On the Copyright Royalty Board Web site at http://www.crb.gov/claims/ during the month of July for claims filed with the Copyright 
Royalty Board by mail or by hand delivery;
    (ii) On the Copyright Royalty Board Web site at http://www.crb.gov/cable/ (for cable claims) or http://www.crb.gov/satellite/ (for 
satellite claims) during the month of July for claims filed online 
through eCRB; and
    (iii) Upon request to the Copyright Royalty Board by mail at the 
address set forth in Sec.  301.2(a), by email at the address set forth 
in Sec.  301.2(d), or by telephone at (202) 707-7658.
    (b) Content--(1) Single claim. A claim filed on behalf of a single 
copyright owner of a work or works secondarily transmitted by a cable 
system or satellite carrier must include the following information:
    (i) The full legal name, address, and email address of the 
copyright owner entitled to claim the royalty fees.
    (ii) A statement of the nature of the copyright owner's work(s) 
that has (have) been secondarily transmitted by a cable system or 
satellite carrier establishing a basis for the claim.
    (iii) The name, telephone number, full mailing address, and email 
address of the person or entity filing the single claim. The 
information contained in a filer's eCRB profile shall fulfill this 
requirement for claims submitted through eCRB.
    (iv) The name, telephone number, and email address of the person 
whom the Copyright Royalty Board can contact regarding the claim.
    (v) An original signature of the copyright owner or of a duly 
authorized representative of the copyright owner, except for claims 
filed online through eCRB.
    (vi) A declaration of authority to file the claim and a 
certification of the veracity of the information contained in the claim 
and the good faith of the person signing in providing the information. 
Penalties for fraud and false statements are provided under 18 U.S.C. 
1001 et seq.
    (2) Joint claim. A claim filed on behalf of more than one copyright 
owner whose works have been secondarily transmitted by a cable system 
or satellite carrier must include the following information:
    (i) With the exception of joint claims filed by a performing rights 
society on behalf of its members, a list including the full legal name, 
address, and email address of each copyright owner whose claim(s) are 
included in the joint claim. Claims filed online through eCRB must 
include an Excel spreadsheet containing the information if the number 
of joint claimants is in excess of ten. For claims filed by mail or 
hand delivery, the list containing the name of each claimant to the 
joint claim may be provided in a single Excel spreadsheet on CD, DVD, 
or other electronic storage medium.
    (ii) A general statement of the nature of the copyright owners' 
works that have been secondarily transmitted by a cable system or 
satellite carrier establishing a basis for the joint claim.
    (iii) The name, telephone number, full mailing address, and email 
address of the person or entity filing the joint claim. The information 
contained in a filer's eCRB profile shall fulfill this requirement for 
claims submitted through eCRB.
    (iv) The name, telephone number, and email address of a person whom 
the Copyright Royalty Board can contact regarding the claim.
    (v) Original signatures of the copyright owners identified on the 
joint claim or of a duly authorized representative or representatives 
of the copyright owners, except for claims filed online through eCRB.
    (vi) A declaration of authority to file the claim and a 
certification of the veracity of the information contained in the claim 
and the good faith of the person signing in providing the information. 
Penalties for fraud and false statements are provided under 18 U.S.C. 
1001 et seq.
    (c) Changes. In the event the legal name and/or address of the 
copyright owner entitled to royalties or the person or entity filing 
the claim changes after the filing of the claim, the filer or the 
copyright owner shall notify the Copyright Royalty Board of the change. 
Any other proposed changes or amendments must be submitted in 
accordance with 37 CFR 360.30. If the good faith efforts of the 
Copyright Royalty Board to contact the copyright owner or filer are 
frustrated because of outdated or otherwise inaccurate contact 
information, the claim may be subject to dismissal. A person or entity 
that filed a claim online through eCRB must notify the Copyright 
Royalty Board of any change of name or address by updating the eCRB 
profile for that person or entity through eCRB as required by 37 CFR 
350.5(g).


Sec.  360.5  Copies of claims.

    Following the instructions outlined in 37 CFR 301.2, a claimant 
must file an original and one copy of the claim to cable or satellite 
compulsory license royalty fees at the address(es) listed for each 
claim submitted to the Copyright Royalty Board by hand delivery or by 
U.S. mail.

Subpart B--Digital Audio Recording Devices and Media (DART) Royalty 
Claims


Sec.  360.20  General.

    This subpart prescribes procedures whereby an interested copyright 
party, as defined in 17 U.S.C. 1001(7), claiming to be entitled to 
royalty payments made for the importation and distribution in the 
United States, or the manufacture and distribution in the United 
States, of digital audio recording devices and media (DART) pursuant to 
17 U.S.C. 1006, shall file claims with the Copyright Royalty Board.


Sec.  360.21  Time of filing.

    (a) General. During January and February of each year, every 
interested copyright party claiming to be entitled to DART royalty 
payments made for quarterly periods ending during the previous calendar 
year must file a claim with the Copyright Royalty Board. Claimants may 
file claims jointly or as a single claim.
    (b) Consequences of an untimely filing. No royalty payments for the 
previous calendar year will be distributed to any interested copyright 
party who has not filed a claim to those royalty payments during 
January or February of the following calendar year.
    (c) Authorization. Any organization or association acting as a 
common agent for collection and distribution of DART royalty fees must 
obtain from its members or affiliates separate, specific, and written 
authorization, signed by members, affiliates, or their representatives, 
apart from their standard affiliation agreements, for purposes of 
royalties claim filing and fee distribution relating to the DART 
Musical Works Fund or Sound Recordings Fund. The written authorization, 
however, will not be required for claimants to the Musical Works Fund 
when either:
    (1) The agreement between the organization or association and its 
members or affiliates specifically authorizes the entity to represent 
its members or affiliates as a common agent before the Copyright 
Royalty Board in royalty claims filing and fee distribution 
proceedings; or

[[Page 27020]]

    (2) The agreement between the organization or association and its 
members or affiliates, as specified in a court order issued by a court 
with authority to interpret the terms of the contract, authorizes the 
entity to represent its members or affiliates as a common agent before 
the Copyright Royalty Board in royalty claims filing and fee 
distribution proceedings.


Sec.  360.22  Form and content of claims.

    (a) Forms. (1) Each claim to DART royalty payments must be 
furnished on a form prescribed by the Copyright Royalty Board and must 
contain the information required by that form and its accompanying 
instructions.
    (2) Copies of DART claim forms are available:
    (i) On the Copyright Royalty Board's Web site at http://www.crb.gov/claims for claims filed with the Copyright Royalty Board by 
mail or by hand delivery;
    (ii) On the Copyright Royalty Board's Web site at http://www.crb.gov/dart/ during the months of January and February for claims 
filed online through eCRB; and
    (iii) Upon request to the Copyright Royalty Board, by mail at the 
address set forth in Sec.  301.2(a), by email at the address set forth 
in Sec.  301.2(d), or by telephone at (202) 707-7658.
    (b) Content. Claims filed by interested copyright parties for DART 
royalty payments must include the following information:
    (1) The full legal name and address of the person or entity 
claiming royalty payments.
    (2) The name, telephone number, full mailing address, and email 
address of the person or entity filing the claim. The information 
contained in a filer's eCRB profile will fulfill this requirement for 
claims submitted through eCRB.
    (3) The name, telephone number, and email address of a person whom 
the Copyright Royalty Board can contact regarding the claim.
    (4) A statement as to how the claimant fits within the definition 
of interested copyright party.
    (5) A statement as to whether the claim is being made against the 
Sound Recordings Fund or the Musical Works Fund, as set forth in 17 
U.S.C. 1006(b), and as to which Subfund the claim is made. The Subfunds 
for the Sound Recordings Fund are the Copyright Owners Subfund and the 
Featured Recording Artists Subfund, The Subfunds for the Musical Works 
Fund are the Music Publishers Subfund and the Writers Subfund, as 
described in 17 U.S.C. 1006(b)(1) through (2).
    (6) Identification, establishing a basis for the claim, of at least 
one musical work or sound recording embodied in a digital musical 
recording or an analog musical recording lawfully made under title 17 
of the United States Code that has been distributed (as that term is 
defined in 17 U.S.C. 1001(6)), and that, during the period to which the 
royalty payments claimed pertain, has been:
    (i) Distributed (as that term is defined in 17 U.S.C. 1001(6)) in 
the form of digital musical recordings or analog musical recordings; or
    (ii) Disseminated to the public in transmissions.
    (7) A declaration of the authority to file the claim and of the 
veracity of the information contained in the claim and the good faith 
of the person signing in providing the information. Penalties for fraud 
and false statements are provided under 18 U.S.C. 1001 et seq.
    (c) Signature. Claims must bear the original signature of the 
claimant or of a duly authorized representative of the claimant, except 
for claims filed online through eCRB.
    (d) Changes. In the event that the legal name and/or address of the 
claimant changes after the filing of the claim, the claimant must 
notify the Copyright Royalty Board of the change. Any other proposed 
changes or amendments must be submitted in accordance with 37 CFR 
360.30. If the good faith efforts of the Copyright Royalty Board to 
contact the claimant are frustrated because of failure to notify the 
Copyright Royalty Board of a name and/or address change, the claim may 
be subject to dismissal. A person or entity that filed a claim online 
through eCRB must notify the Copyright Royalty Board of any change of 
name or address by updating that person or entity's eCRB profile as 
required by Sec.  350.5(g).
    (e) List of claimants. If the claim is a joint claim, it must 
include the name of each claimant participating in the joint claim. 
Filers submitting joint claims online through eCRB on behalf of ten or 
fewer claimants, must list claimant information directly on the filed 
joint claim. Filers submitting joint claims on behalf of more than ten 
claimants must include an Excel spreadsheet listing the full legal 
name, address, and email address of each claimant included in the joint 
claim. For joint claims filed by mail or hand delivery, the filer may 
submit the list containing the name of each claimant included in the 
joint claim in a single Excel spreadsheet on CD, DVD, or other 
electronic storage medium.
    (f) Subfunds. If an interested copyright party intends to file 
claims against more than one Subfund, each Subfund claim must be filed 
separately with the Copyright Royalty Board. The Copyright Royalty 
Board will reject any claim that purports to claim funds from more than 
one Subfund.


Sec.  360.23  Copies of claims.

    Following the instructions outlined in 37 CFR 301.2, a claimant 
must file an original and one copy of the claim to DART royalty fees at 
the address(es) listed for each claim submitted to the Copyright 
Royalty Board by hand delivery or by U.S. mail.


Sec.  360.24  Content of notices regarding independent administrators.

    (a) The independent administrator jointly appointed by the 
interested copyright parties, as defined in 17 U.S.C. 1001(7)(A), and 
the American Federation of Musicians (or any successor entity) for the 
purpose of managing and ultimately distributing royalty payments to 
nonfeatured musicians as defined in 17 U.S.C. 1006(b)(1), must file a 
notice informing the Copyright Royalty Board of his/her appointment.
    (b) The independent administrator jointly appointed by the 
interested copyright parties, as defined in 17 U.S.C. 1001(7)(A) and 
the American Federation of Television and Radio Artists (or any 
successor entity) for the purpose of managing and ultimately 
distributing royalty payments to nonfeatured vocalists as defined in 17 
U.S.C. 1006(b)(1), must file a notice informing the Copyright Royalty 
Board of his/her appointment.
    (c) A notice filed under paragraph (a) or (b) of this section must 
include the full name, telephone number, mailing address, and email 
address of the place of business of the independent administrator.
    (d) The independent administrator must file the notices identified 
in paragraphs (a) and (b) of this section through eCRB no later than 
March 31 of each year, commencing with March 31, 2018.

Subpart C--Rules of General Application


Sec.  360.30  Amendment of claims.

    Any claimant may amend a filed claim as of right by filing a Notice 
of Amendment during the statutory period for filing annual claims. 
After the expiration of the time for filing claims, a claimant may 
amend a filed claim as of right to correct the general description of 
the nature of the claimant's work(s), to fix typographical or other 
nonsubstantive errors in other portions of the claim, or to strike a 
claimant or interested copyright party

[[Page 27021]]

that was erroneously included in a joint claim. No filer may amend a 
filed claim to add additional claimants or interested copyright parties 
after the expiration of the time for filing claims.


Sec.  360.31  Withdrawal of claims.

    Any claimant may withdraw its claim for any royalty year as of 
right by filing a Notice of Withdrawal of Claim(s). If a single 
claimant filed a Petition to Participate in a proceeding, withdrawal of 
the claim shall serve to dismiss the Petition to Participate. If the 
claimant withdrawing a claim was included on the Petition to 
Participate of another entity, withdrawal of the claim shall not affect 
the Petition to Participate as to other claims listed thereon.


Sec.  360.32  Reinstatement of previously withdrawn claims.

    Once a claimant has withdrawn a claim, that claim may be reinstated 
only by order of the Copyright Royalty Judges, on motion showing good 
cause and lack of prejudice to other claimants to the applicable year's 
royalty funds.

    Dated: May 26, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.

    Approved by:

Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2017-12114 Filed 6-12-17; 8:45 am]
BILLING CODE 1410-72-P