[Federal Register Volume 84, Number 113 (Wednesday, June 12, 2019)]
[Notices]
[Page 27362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12419]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2008-3 CRB DD (2007-2011 SRF)]
Distribution of Digital Audio Recording Royalty Funds
AGENCY: Copyright Royalty Board (CRB), Library of Congress.
ACTION: Final distribution determination.
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SUMMARY: The Copyright Royalty Judges announce their final
determination of the distribution of 2007 DART royalties in the
Featured Artists Subfund of the Sound Recordings Fund.
DATES: Applicable date: June 12, 2019.
ADDRESSES: The final distribution order is also published in eCRB at
https://app.crb.gov/.
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
2008-3 CRB DD (2007-2011 SRF).
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
by phone at (202) 707-7658 or by email at [email protected].
SUPPLEMENTARY INFORMATION: On December 26, 2018, the Copyright Royalty
Judges (Judges) commenced a proceeding to determine the distribution of
the digital audio recording technology (DART) royalties in the 2007,
2008, 2009, 2010, and 2011 Sound Recordings Funds, which, for purposes
of this proceeding, consist of the Featured Recording Artists Subfund
and the Copyright Owners Subfund. 83 FR 66312, 66313.\1\ The Judges
received Petitions to Participate (PTP) from David Powell, Eugene
``Lambchops'' Curry, Herman Kelly, and Alliance of Artists and
Recording Companies (AARC). Notice of Participants, Commencement of
Voluntary Negotiation Period, and Case Scheduling Order (Attachment A)
(Feb. 27, 2019). On February 27, 2019, the Judges dismissed Mr. Powell
and Mr. Curry from the proceeding. Order Granting AARC Motion to Reject
David Powell's Defective Filings and Dismissing David Powell and Order
Granting AARC Motion to Reject Eugene Curry's Defective Filing and
Dismissing Eugene Curry.\2\ Therefore, the only two participants
remaining in the proceeding are Mr. Kelly and AARC. According to
Copyright Royalty Board records, while AARC filed a claim for DART
royalties in 2007 under the Featured Recording Artists Subfund, Mr.
Kelly filed no claim for DART royalties for 2007. As a result, AARC is
the only remaining claimant with a valid claim for 2007 DART royalties
in the Featured Recording Artists Subfund of the Sound Recordings Fund.
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\1\ Pursuant to section 1006(b)(1) of the Copyright Act, small
portions of each subfund have already been distributed to
representatives for nonfeatured musicians and nonfeatured vocalists
and are not part of this proceeding.
\2\ Mr. Curry's motion for leave to file a late petition to
participate is pending before the Judges.
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Section 801(b)(3)(A) of the Copyright Act states that the Judges
may authorize distribution of royalty fees deposited pursuant to
Section 1005 of the Copyright Act if they find that the distribution is
not subject to controversy. 17 U.S.C. 801(b)(3)(A). In the current
proceeding, AARC is the only remaining party with a claim to 2007 DART
royalties in the Featured Recording Artists Subfund of the Sound
Recordings Fund. Therefore, 2007 DART royalties in the Featured
Recording Artists Subfund are not in controversy.
The Judges therefore order that the remaining royalties in the 2007
DART Featured Recording Artists Subfund of the Sound Recordings Fund be
distributed to AARC.\3\
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\3\ The Judges previously ordered distribution of 98% of 2007
DART funds from the Sound Recordings Fund to AARC and the claimants
that it represents. Distribution Order, Docket No. 2008-3 CRB DD
2007 (Oct. 14, 2008) and Order Granting In Part AARC's Supplemental
Requests for Partial Distribution of 2007, 2008, and 2009 DART Sound
Recordings Fund Royalties, Docket Nos. 2010-5 CRB DD 2009, 2009-3
CRB DD 2008, and 2008-3 CRB DD 2007 (March 8, 2012).
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The Judges will forward this determination to the Register of
Copyrights and the Librarian of Congress for review and approval. The
Librarian shall publish this Determination within 60 days of the date
of this order. This Determination will become final upon publication in
the Federal Register.
April 9, 2019.
Jesse M. Feder,
Chief United States Copyright Royalty Judge.
David R. Strickler
United States Copyright Royalty Judge.
Richard C. Strasser
United States Copyright Royalty Judge.
The Register of Copyrights closed her review of this Determination
on May 13, 2019, with no finding of legal error.
Dated: May 31, 2019.
Jesse M. Feder,
Chief United States Copyright Royalty Judge.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2019-12419 Filed 6-11-19; 8:45 am]
BILLING CODE 1410-72-P