[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Pages 66312-66313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27797]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. CONSOLIDATED 2008-3 CRB DD (2007-2011 SRF)]


Distribution of the 2007, 2008, 2009, 2010, and 2011 Digital 
Audio Recording Technology Royalty Funds for the Sound Recordings Funds

AGENCY: Copyright Royalty Board (CRB), Library of Congress.

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

-----------------------------------------------------------------------

SUMMARY: The Copyright Royalty Judges announce the commencement of a 
proceeding to determine the distribution of the digital audio recording 
technology royalty fees in the 2007, 2008, 2009, 2010, and 2011 Sound 
Recordings Funds. The Judges also announce the date by which a party 
who wishes to participate in this proceeding must file its Petition to 
Participate and the accompanying filing fee, if applicable.

DATES: Petitions to Participate and the filing fee, if applicable, are 
due no later than January 25, 2019.

ADDRESSES: Interested claimants must submit petitions to participate 
and the filing fee, if applicable, identified by docket number 
CONSOLIDATED 2008-3 CRB DD (2007-2011 SRF), by using the CRB's 
electronic filing application, eCRB, at https://app.crb.gov/. Claimants 
without access to the internet may file using any of the following 
methods:
    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.
    Instructions: Unless submitting online, claimants must submit an 
original, two paper copies, and an electronic version on a CD. All 
submissions received must include the Copyright Royalty Board name and 
docket number. All submissions received will be posted without change 
on eCRB including any personal information provided.
    Docket: For access to the docket to read background documents, go 
to eCRB, the Copyright Royalty Board's electronic filing and case 
management system, at https://app.crb.gov/ and search for docket number 
CONSOLIDATED 2008-3 CRB DD (2007-2011 SRF). For documents not yet 
uploaded to eCRB (because it is a new system), go to the agency website 
at https://www.crb.gov/ or contact the CRB Program Specialist.

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

SUPPLEMENTARY INFORMATION: 

Background

    The Audio Home Recording Act of 1992 (AHRA), Public Law 102-563, 
requires manufacturers and importers to pay royalties on digital audio 
recording devices and media that are distributed in the United States. 
17 U.S.C. 1003. These royalties are deposited with the Copyright Office 
for further distribution to eligible claimants. 17 U.S.C. 1005, 1007. 
Royalties are divided into two funds: the Sound Recordings Fund (66-2/
3%) and the Musical Works Fund (33-1/3%). These fees in turn are 
allocated to specific subfunds. 17 U.S.C. 1006(b). The Sound Recordings 
Fund, which is the subject of this notice, is divided between the 
Copyright Owners

[[Page 66313]]

Subfund (60%) and the Featured Recording Artists Subfund (40%), after 
small portions are distributed to nonfeatured musicians and nonfeatured 
vocalists. 17 U.S.C. 1006(b)(1).
    Distribution of the fees in the two subfunds may occur in one of 
two ways. The interested copyright parties within each subfund may 
negotiate the terms of a settlement as to the division of royalty 
funds. If, after any such agreements, funds remain in dispute, the 
Copyright Royalty Judges may conduct a proceeding to determine the 
distribution of the royalties that remain in controversy in each 
subfund. 17 U.S.C. 1006(c) & 1007(c).
    The Judges have distributed 100% of the royalties for the Featured 
Recording Artists Subfund of the 2008 Sound Recordings Fund. 
Distribution Order, Docket No. 2009-3 CRB DD 2008 (June 24, 2009). 
However, the Judges have ordered only partial distributions of the 
2007, 2008, 2009, 2010, and 2011 (from both the Copyright Owners 
Subfund and the Featured Recording Artists Subfund) because the 
interested copyright parties have not settled their disputes over 
remaining amounts. See, e.g., Order Granting AARC's Request for Partial 
Distribution of 2011 DART Sound Recordings Funds; Docket No. 2012-3 CRB 
DD 2011 (Sept. 20, 2012); Order Granting in Part AARC's Supplemental 
Request for Partial Distribution of 2007, 2008 and 2009 DART Sound 
Recordings Fund Royalties, Docket Nos. 2008-3 CRB DD 2007, 2009-3 CRB 
DD 2008; and 2010-5 CRB DD 2009 (March 8, 2012); Order Granting AARC's 
Request for Partial Distribution of 2010 DART Sound Recordings Funds, 
Docket No. 2011-6 CRB DD 2010 (Nov. 17, 2011); Order Granting AARC's 
Request for Partial Distribution of 2008 DART Sound Recordings Fund/
Copyright Owners Subfund Royalties; Docket No. 2009-3 CRB DD 2008 (Aug. 
19, 2009); Distribution Order, Docket No. 2008-3 CRB DD 2007 (Oct. 14, 
2008).
    Consistent with 17 U.S.C. 804(b)(8), the Judges determine that, for 
the reasons stated above, a controversy exists with respect to the 
distribution of the 2007, 2009, 2010, and 2011 DART Sound Recordings 
Fund royalties from the Copyright Owners Subfund and the Featured 
Recording Artists Subfund and, with respect to 2008, from the Copyright 
Owners Subfund.

Commencement of Proceeding

    By this notice, the Judges announce the commencement of a 
proceeding to determine the final distribution of DART Sound Recordings 
Funds (from both the Copyright Owners Subfund and the Featured 
Recording Artists Subfund) for royalty years 2007, 2009, 2010, and 
2011, and from the Copyright Owners Subfund for 2008.

Petitions To Participate

    Petitions to Participate must provide all of the information 
required by 37 CFR 351.1(b)(2). Participants also must identify by year 
each subfund in the Sound Recordings Fund to which they are asserting a 
claim (i.e., Copyright Owners, Featured Recording Artists, or both).
    Petitions to Participate submitted by interested parties whose 
claims do not exceed $1,000 must contain a statement that the party 
will not seek a distribution of more than $1,000. 37 CFR 351.1(b)(4). 
No filing fee is required for such parties. Interested parties with 
claims exceeding $1,000, however, must submit a filing fee of $150 with 
their respective Petitions to Participate, or the petition will be 
rejected. CASH WILL NOT BE ACCEPTED. Parties filing online through eCRB 
must pay by credit card. Any party without access to the internet must 
pay the filing fee with a check or money order made payable to the 
``Copyright Royalty Board'' and mailed or delivered with a paper claim 
form, as described in the ``Addresses'' section above. If a check is 
returned for lack of sufficient funds, the corresponding Petition to 
Participate will be dismissed.
    Any participant that is an individual may represent herself or 
himself. All other participants must be represented by counsel. In 
accordance with 37 CFR 350.2 (Representation), only attorneys who are 
members of the bar in one or more states or the District of Columbia 
and in good standing will be allowed to represent parties before the 
Copyright Royalty Judges. The Judges will address further procedural 
matters, including scheduling, after Petitions to Participate have been 
filed.

Intention To Conduct a Paper Proceeding

    In accordance with Section 803(b)(5)(B) of the Copyright Act, the 
Judges find it appropriate to conduct a paper proceeding in this matter 
in light of the relatively modest amount of royalties in dispute after 
previously approved partial distributions and the anticipated small 
number of non-settling claimants. In paper proceedings, the Judges 
enter an order scheduling the filing of a written direct statement by 
each participant, a response of an opposing participant, and one 
additional response from the participant. 17 U.S.C. 803(b)(5). The 
Judges make their determination on the basis of these filings. Any 
party wishing to comment on the Judges' intention to conduct a paper 
proceeding should include such comments in its Petition to Participate.

Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2018-27797 Filed 12-21-18; 8:45 am]
 BILLING CODE 1410-72-P