[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Notices]
[Page 490]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27669]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 21-CRB-0013-BER (2024-2028)]


Determination of Royalty Rates and Terms for Making Ephemeral 
Copies of Sound Recordings for Transmission to Business Establishments 
(Business Establishments IV)

AGENCY: Copyright Royalty Board, Library of Congress.

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

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SUMMARY:  The Copyright Royalty Judges (Judges) announce commencement 
of a proceeding to determine reasonable royalty rates and terms for the 
recording of ephemeral copies of sound recordings to facilitate digital 
audio transmissions of those sound recordings to business 
establishments pursuant to the limitation on exclusive rights specified 
by the Copyright Act. The royalty rates and terms the Judges determine 
in this proceeding will apply during the period beginning January 1, 
2024, and ending December 31, 2028. The Judges also announce the date 
by which a party wishing to participate in the rate determination 
proceeding must file its Petition to Participate and pay the 
accompanying $150 filing fee.

DATES: Petitions to Participate and the filing fee are due no later 
than February 4, 2022.

ADDRESSES: The petition to participate form is available online in 
eCRB, the Copyright Royalty Board's online electronic filing 
application, at https://app.crb.gov/.
     Instructions: The petition to participate process has been 
simplified. Interested parties file a petition to participate by 
completing and filing the petition to participate form in eCRB and 
paying the fee in eCRB. Do not upload a petition to participate 
document.
    Docket: For access to the docket to read submitted 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 
21-CRB-0013-BER (2024-2028).

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

SUPPLEMENTARY INFORMATION: The Copyright Act provides that the 
Copyright Royalty Judges (Judges) commence a proceeding every fifth 
year \1\ to determine royalty rates and terms for the recording of 
ephemeral copies of sound recordings pursuant to the statutory license 
in 17 U.S.C. 112(e)(1) to facilitate digital audio transmissions of 
those sound recordings to business establishments pursuant to the 
limitation on exclusive rights specified by 17 U.S.C. 114(d)(1)(C)(iv). 
See 17 U.S.C. 804(b)(2). This notice commences the rate determination 
proceeding for the license period 2024-2028, inclusive. Section 
803(b)(1)(A)(i)(II) directs the Judges to publish in the Federal 
Register a notice commencing this proceeding by no later than January 
5, 2022.
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    \1\ The Judges commenced a proceeding to determine the 2019-2023 
rates and terms in 2017. See 82 FR 143 (Jan. 3, 2017).
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Petitions To Participate

    Parties with a significant interest in the outcome of the 
``business establishments'' royalty rate proceeding must provide the 
information required by Sec.  351.1(b) of the Judges' regulations by 
completing and filing the Petition to Participate form in eCRB. Parties 
must pay the $150 filing fee when filing each Petition to Participate 
form. 37 CFR 351.1(b). Parties must use the form in eCRB instead of 
uploading a document.
    Only attorneys who are admitted to the bar in one or more states or 
the District of Columbia and are members in good standing will be 
allowed to represent parties before the Judges. Only an individual may 
represent herself or himself and appear without legal counsel. 37 CFR 
303.2.

    Dated: December 16, 2021.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2021-27669 Filed 1-4-22; 8:45 am]
BILLING CODE 1410-72-P