[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Proposed Rules]
[Pages 28800-28801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13277]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 350

[Docket No. 17-CRB-0013 RM]


Proceedings of the Copyright Royalty Board; Violation of 
Standards of Conduct

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Proposed rule.

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SUMMARY: The Copyright Royalty Judges seek reply comments regarding a 
proposed new Copyright Royalty Board rule that would authorize the 
Judges to bar, either temporarily or permanently, certain individuals 
and entities from participating in proceedings before the Judges.

DATES: Comments are due no later than July 26, 2017.

ADDRESSES: The proposed rule is posted on the agency's Web site 
(www.loc.gov/crb) and at Regulations.gov (www.regulations.gov). 
Interested parties may submit comments via the Copyright Royalty 
Board's electronic filing system, eCRB, at https://app.crb.gov. 
Commenters must register to use the system prior to filing comments. 
Those who choose not to submit comments electronically should see How 
to Submit Comments in the

[[Page 28801]]

Supplementary Information section below for online and physical 
addresses and further instructions.

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

SUPPLEMENTARY INFORMATION: On April 20, 2017, the Copyright Royalty 
Judges (Judges) published a notice in the Federal Register seeking 
comments on a proposed rule that would authorize the Judges to bar, 
either temporarily or permanently, certain individuals and entities 
from participating in proceedings before the Judges.\1\ In response to 
the notice, the Judges received five comments, including two joint 
comments, from people and entities that regularly participate in 
proceedings before the Judges.\2\ The comments and the proposal are 
available on the CRB Web site and in eCRB.
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    \1\ 82 FR 18601.
    \2\ The Judges received a joint comment from a group referring 
to itself as ``The Allocation Phase Parties,'' which are Program 
Suppliers, Joint Sports Claimants, Commercial Television Claimants, 
Public Broadcasting Service, Settling Devotional Claimants, Canadian 
Claimants Group, and National Public Radio. The Judges also received 
a joint comment from a group referring to itself as Music Community 
Participants, which are SoundExchange, Inc., the Recording Industry 
Association of America, Inc., the American Association of 
Independent Music, the American Federation of Musicians of the 
United States and Canada, the Screen Actors Guild--American 
Federation of Television and Radio Artists, the Alliance of Artists 
and Recording Companies, Inc., and the National Music Publishers' 
Association. The Judges also received comments from Raul Galaz and 
from Worldwide Subsidy Group, LLC, dba Independent Producers Group. 
The Judges also received a comment from David Powell.
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    While some of the comments were supportive of the proposal or 
certain aspects of it, others were critical and raised a number of 
issues with the proposal, including the scope of the proposal, 
potential abuses of the proposed provisions, the Constitutionality of 
some of the proposed provisions, and whether the proposal is even 
necessary. The Judges seek reply comments responding directly to issues 
that commenters raised regarding the proposal. While the Judges will 
review and consider all comments they receive on the proposal, they 
request that commenters limit their comments at this point to issues 
that other commenters raised in the initial round of comments, 
including ways to address criticisms that some commenters raised with 
respect to the proposal. Some commenters that criticized the proposal 
suggested alternative language that might remedy perceived shortfalls 
in the Judges' proposal. The Judges request comments on those 
proposals, or welcome alternative suggestions the Judges might adopt to 
address those perceived shortfalls, including the pros and cons of 
choosing any proposed alternative approach. In light of some of the 
negative comments, the Judges also seek comment on whether, on balance, 
the remedies currently available to the Judges for addressing ethical 
lapses of participants and counsel are adequate or preferable to the 
remedial rule the Judges proposed. In particular, the Judges seek 
detailed comments regarding the incidents to which the Judges 
referredin the notice proposing the provision (or others that 
commenters are aware of to which the Judges did not refer) and how 
remedies currently available were used to address those incidents and 
whether or not the extant remedies (e.g., discovery sanctions or loss 
of the presumption of validity regarding claims) adequately addressed 
those incidents or whether gaps in the current remedial framework might 
lead to future incidents that could compromise public confidence in the 
CRB ratemaking and royalty distribution system.

Solicitation of Comments

    The Judges seek reply comments on the proposed new rule that 
respond to comments that the Judges received in response to the initial 
notice of proposed rulemaking.

How To Submit Comments

    Interested members of the public must submit comments to only one 
of the following addresses. If not submitting online, commenters must 
submit an original of their comments, five paper copies, and an 
electronic version in searchable PDF format on a CD.
    Online: https://app.crb.gov or http://www.regulations.gov; 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: June 21, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017-13277 Filed 6-23-17; 8:45 am]
 BILLING CODE 1410-72-P