[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Notices]
[Page 76218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26952]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 16-CRB-0010-SD (2014-17)]


Distribution of Satellite Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.

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SUMMARY: The Copyright Royalty Judges solicit comments on a motion of 
the Allocation Parties for further partial distribution of 2015-2017 
satellite royalty funds.

DATES: Comments are due on or before January 12, 2023.

ADDRESSES: Interested claimants must submit timely comments using eCRB, 
the Copyright Royalty Board's online electronic filing application, at 
https://app.crb.gov/.
    Instructions: All submissions must include a reference to the CRB 
and docket number 16-CRB-0010-SD (2014-17). All submissions 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 submitted background 
documents or comments, go to eCRB, the Copyright Royalty Board's online 
electronic filing and case management system, at https://app.crb.gov 
and search for docket No. 16-CRB-0010-SD (2014-17).

FOR FURTHER INFORMATION CONTACT: Anita Brown, Program Specialist, 202-
707-7658, [email protected].

SUPPLEMENTARY INFORMATION: Each year satellite television providers 
must submit royalty payments to the Register of Copyrights as required 
by the statutory license set forth in section 119 of the Copyright Act 
for the retransmission to satellite service subscribers of over-the-air 
television broadcast signals. See 17 U.S.C. 119(b). The Copyright 
Royalty Judges (Judges) oversee distribution of royalties to copyright 
owners whose works were included in a qualifying retransmission and who 
timely filed a claim for royalties.
    Allocation of the royalties collected occurs in one of two ways. In 
the first instance, the Judges may authorize distribution in accordance 
with a negotiated settlement among all claiming parties. See id. at 
119(b)(5)(B), (C). If all claimants do not reach agreement with respect 
to the royalties, the Judges must conduct a proceeding to determine the 
distribution of any royalties that remain in controversy. Id. at 
119(b)(5)(B). Alternatively, the Judges may, on motion of claimants and 
on notice to all interested parties, authorize a partial distribution 
of royalties, reserving on deposit sufficient funds to resolve 
identified disputes. Id.; 17 U.S.C. 801(b)(3)(C).\1\
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    \1\ In authorizing a partial distribution under Section 
801(b)(3)(C), the Judges must conclude that no claimant entitled to 
receive the requested funds has stated a reasonable objection to the 
partial distribution and all such claimants must (1) agree to the 
partial distribution, (2) sign an agreement obligating them to 
return any excess amounts to the extent necessary to comply with the 
final determination on the distribution of the fees under section 
801(b)(3)(B); file the agreement with the Judges; and agree that 
such funds are available for distribution. 17 U.S.C. 801(b)(3)(C).
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    On August 17, 2022, representatives of all the Allocation Phase 
claimant categories \2\ filed with the Judges a motion requesting a 
partial distribution amounting to 90% of the 2015, 2016, and 2017 
satellite royalty funds pursuant to section 801(b)(3)(C) of the 
Copyright Act. 17 U.S.C. 801(b)(3)(C). Joint Motion for Further 
Distribution of 2015-17 Satellite Royalties (Motion) (eCRB No. 27154). 
That section requires that, before ruling on the motion, the Judges 
publish a notice in the Federal Register seeking responses to the 
motion for partial distribution to ascertain whether any claimant 
entitled to receive the subject royalties has a reasonable objection to 
the requested distribution. Accordingly, this notice seeks comments 
from interested claimants on whether any reasonable objection exists 
that would preclude the distribution of 90% of the 2015, 2016, and 2017 
satellite royalty funds to the Allocation Phase Claimants.
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    \2\ The parties to the Motion, are participants self-identifying 
as ``Allocation Phase Parties'' in the 2014-17 satellite royalty 
distribution: Commercial Television Claimants; Settling Devotional 
Claimants; Joint Sports Claimants; Music Claimants comprising 
American Society of Composers, Authors and Publishers, Broadcast 
Music, Inc., and SESAC Performing Rights, LLC; and Program 
Suppliers.
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    Parties objecting to the proposed partial distribution must advise 
the Judges of the existence and extent of all their objections by the 
end of the comment period. The Judges will not consider any objections 
with respect to the partial distribution motion that come to their 
attention after the close of the comment period.
    The Motion is available for review in eCRB, the CRB'S electronic 
filing site, at https://app.crb.gov.

    Dated: December 7, 2022.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2022-26952 Filed 12-12-22; 8:45 am]
BILLING CODE 1410-72-P