[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Proposed Rules]
[Pages 26906-26907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08926]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 360

[Docket No. 20-CRB-0006-RM]


Procedural Regulations of the Copyright Royalty Board Requiring 
Electronic Filing of Claims

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Proposed rule.

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SUMMARY: The Copyright Royalty Judges propose to amend regulations 
governing the filing of claims to royalty fees collected under 
compulsory license to require that all claims be filed electronically 
through the Copyright Royalty Board's (CRB) electronic filing system 
(eCRB). The Judges solicit comments on the proposed rule.

DATES: Comments are due no later than June 5, 2020.

ADDRESSES: You may send comments, identified by docket number 20-CRB-
0006-RM, online through eCRB at https://app.crb.gov.
    Instructions: All submissions received must include the Copyright 
Royalty Board name and the docket number for this rulemaking. All 
comments received will be posted without change to eCRB at https://app.crb.gov, including any personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to eCRB at https://app.crb.gov and perform a case 
search for docket 20-CRB-0006-RM.

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

SUPPLEMENTARY INFORMATION: In 2017, the CRB deployed its electronic 
filing and case management system, eCRB, and began accepting claims to 
compulsory license royalties electronically. The CRB continued, 
however, to permit the filing of claims on paper forms.
    The CRB has since received a diminishing number of paper claims. In 
the most recent claims filing period for cable and satellite royalties 
(July 2019), out of 545 and 280 claims, respectively, the CRB received 
two claims for cable royalties and one claim for satellite royalties 
that were filed exclusively in paper form.\1\ In the most recent claims 
filing period for DART royalties (January-February 2020), out of 61 
claims filed, the CRB received no claims that were filed exclusively in 
paper form.\2\
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    \1\ For both cable and satellite claims, the CRB received 
approximately 20 backup paper claims--i.e., claims filed in paper 
form that are duplicates of claims filed in electronic form. The 
practice of filing backup paper claims is neither necessary nor 
encouraged by the CRB.
    \2\ The CRB received four backup paper claims.
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    The handling of paper claims is more resource-intensive for the CRB 
than the handling of electronic claims. Each paper claim must be 
opened, date-stamped, numbered, scanned, and uploaded to eCRB, and 
details from the paper claim must be entered manually into eCRB to 
generate an electronic claim.
    More critically, acceptance of paper claims creates a dependency on 
the receipt and processing of mail and courier deliveries. The current 
disruption at the Library of Congress to both mail processing and 
acceptance of courier deliveries because of the COVID-19 pandemic 
demonstrates the risk to claims processing of that dependency.
    In order to eliminate the need for resource-intensive manual 
processing of paper claims and to mitigate the risk to CRB operations 
of a disruption to normal mail and courier delivery, the Judges propose 
to amend 37 CFR part 360 to require that all claims be filed online 
through eCRB.

List of Subjects in 37 CFR Part 360

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

Proposed Regulations

    For the reasons set forth in the preamble, and under the authority 
of chapter 8, title 17, United States Code, the Copyright Royalty 
Judges propose to amend part 360 of Title 37 of the Code of Federal 
Regulations as follows:

[[Page 26907]]

SUBCHAPTER C--SUBMISSION OF ROYALTY CLAIMS

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

0
1. The authority citation for part 360 continues to read as follows:

    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.  360.3  [Amended]

0
2. Amend Sec.  360.3 by:
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 a. In paragraph (b), removing the words ``or by mail or hand delivery 
in accordance with Sec.  301.2'';
0
b. Removing paragraph (d); and
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 c. Redesignating paragraph (e) as paragraph (d).
0
3. Amend Sec.  360.4 by:
0
 a. Revising paragraph (a);
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 b. Removing paragraph (b)(1)(v);
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 c. Redesignating paragraph (b)(1)(vi) as paragraph (b)(1)(v);
0
d. Revising paragraph (b)(2)(i);
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 e. In paragraph (b)(2)(iii), removing the words ``for claims submitted 
through eCRB'';
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 f. Removing paragraph (b)(2)(v); and
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g. Redesignating paragraph (b)(2)(vi) as paragraph (b)(2)(v).
    The revisions read as follows:


Sec.  360.4  Form and content of claims.

    (a) Electronic filing. (1) Each filer must file claims online using 
the claims filing feature of eCRB to claim cable compulsory license 
royalty fees or satellite compulsory license royalty fees and must 
provide all information required by the online form and its 
accompanying instructions.
    (2) Filers may access eCRB at https://app.crb.gov. The claims 
filing feature for claims to cable compulsory license royalty fees and 
satellite compulsory license royalty fees will be available only during 
the month of July.
    (b) * * *
    (2) * * *
    (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 must include an Excel spreadsheet 
containing the information if the number of joint claimants is in 
excess of ten.
* * * * *


Sec.  360.5  [Removed]

0
4. Remove Sec.  360.5.

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

0
5. Amend Sec.  360.22 by:
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a. Revising paragraph (a);
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b. In paragraph (b)(2), removing the words ``for claims submitted 
through eCRB'';
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c. Removing paragraph (c);
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d. Redesignating paragraphs (d), (e), and (f) as paragraphs (c), (d), 
and (e) respectively; and
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e. Revising newly redesignated paragraph (d).
    The revisions read as follows:


Sec.  360.22  Form and content of claims.

    (a) Electronic filing. (1) Each claim to DART royalty payments must 
be filed online using the claims filing feature of eCRB and must 
contain the information required by the online form and its 
accompanying instructions.
    (2) Filers may access eCRB at https://app.crb.gov. The claims 
filing feature for claims to DART royalty payments will be available 
only during the months of January and February.
* * * * *
    (d) 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 on behalf of ten or fewer claimants, 
must list the name of each claimant included in the joint claim 
directly on the filed joint claim. Filers submitting joint claims on 
behalf of more than ten claimants must include an Excel spreadsheet 
listing the name of each claimant included in the joint claim.
* * * * *


Sec.  360.23  [Removed]

0
6. Remove Sec.  360.23.


Sec.  360.24  [Redesignated as Sec.  360.23 and Amended]

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7. Amend Sec.  360.24 by:
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 a. Redesignating Sec.  360.24 as Sec.  360.23; and
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b. In paragraph (b) of newly redesignated Sec.  360.23, adding the 
words ``online through eCRB'' after the word ``notice''.

Subpart C--Rules of General Application

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8. Amend Sec.  360.30 by adding the sentence ``All Notices of Amendment 
must be filed online through eCRB.'' at the end of the paragraph to 
read as follows:


Sec.  360.30  Amendment of claims.

    * * * All Notices of Amendment must be filed online through eCRB.
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9. Amend Sec.  360.31 by adding the sentence ``All Notices of 
Withdrawal of Claim(s) must be filed online through eCRB.'' at the end 
of the paragraph to read as follows:


Sec.  360.31  Withdrawal of claims.

    * * * All Notices of Withdrawal of Claim(s) must be filed online 
through eCRB.

    Dated: April 22, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2020-08926 Filed 5-5-20; 8:45 am]
 BILLING CODE 1410-72-P