[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73381-73382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23518]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 16-CRB-0009-CD (2014-17)]


Distribution of Cable Royalty Funds

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

ACTION: Notice requesting comments.

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SUMMARY: The Copyright Royalty Judges solicit comments on a motion of 
Music Claimants for further partial distribution of Music Category 
Share funds from the 2016 and 2017 cable royalty funds.

DATES: Comments are due on or before November 24, 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-0009-CD (2014-17). All submissions will be 
posted without change to eCRB at

[[Page 73382]]

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 number 16-CRB-0009-CD (2014-17).

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

SUPPLEMENTARY INFORMATION: Each year cable systems must submit royalty 
payments to the Register of Copyrights as required by the statutory 
license detailed in section 111 of the Copyright Act for the 
retransmission to cable subscribers of over-the-air television and 
radio broadcast signals. See 17 U.S.C. 111(d). The Copyright Royalty 
Judges (Judges) oversee distribution of royalties to copyright owners 
whose works were included in a qualifying transmission and who file a 
timely 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 agreement among all claiming parties. 17 U.S.C. 
111(d)(4)(A), 801(b)(3)(A). 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. 
17 U.S.C. 111(d)(4)(B), 801(b)(3)(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. 17 U.S.C. 111(d)(4)(C), 
801(b)(3)(C).
    On April 11, 2023, Broadcast Music, Inc. (``BMI''), the American 
Society of Composers, Authors and Publishers (``ASCAP''), and SESAC 
Performing Rights, LLC (``SESAC'') (hereafter collectively the ``Moving 
Music Claimants'') filed with the Judges a motion pursuant to section 
801(b)(3)(C) of the Copyright Act requesting a further \1\ partial 
distribution of all but 1.5% of the remaining amount of the share 
allocated to the Music Claimants category of the 2016 and 2017 cable 
royalty funds. That statutory section requires that, before ruling on 
the motion, the Judges must 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. 17 U.S.C. 
801(b)(3)(C).
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    \1\ On July 30, 2016, the Judges issued an Order Granting Motion 
for Partial Distribution granting the Moving Music Claimants a 
partial distribution of the 2016 funds; and on May 22, 2019, the 
Judges issued an Order Granting Motion for Partial Distribution 
granting them a partial distribution of the 2017 funds. Motion at 2 
& n.4.
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    Accordingly, this notice seeks comments from interested claimants 
on whether any reasonable objection exists that would preclude the 
further partial distribution of the Music Category Share funds 
requested to the requesting claimant representatives. Parties objecting 
to the proposed further partial distribution must advise the Judges of 
the existence and extent of all objections by the end of the comment 
period. The Judges will not consider any objections with respect to the 
further partial distribution that come to their attention after the 
close of the comment period.
    Members of the public may read the motion by accessing the 
Copyright Royalty Board's electronic filing and case management system 
at https://app.crb.gov and searching for docket number 16-CRB-0009-CD 
(2014-17).

     Dated: October 19, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-23518 Filed 10-24-23; 8:45 am]
BILLING CODE 1410-72-P