[Federal Register Volume 73, Number 136 (Tuesday, July 15, 2008)]
[Notices]
[Pages 40623-40624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16137]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2007-3 CRB CD 2004-2005]
Distribution of the 2004 and 2005 Cable Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice announcing commencement of Phase I distribution
proceeding with request for Petitions to Participate.
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SUMMARY: The Copyright Royalty Judges are announcing the commencement
of a proceeding to determine the Phase I distribution of 2004 and 2005
royalties collected under the cable statutory license. The Judges are
also announcing the date by which a party who wishes to participate in
this distribution proceeding must file its Petition to Participate and
the accompanying $150 filing fee.
DATES: Petitions to Participate and the filing fee are due on or before
August 14, 2008.
ADDRESSES: An original, five copies, and an electronic copy in Portable
Document Format (PDF) on a CD of the Petition to Participate, along
with the $150 filing fee, may be delivered to the Copyright Royalty
Board by either mail or hand delivery. Petitions to Participate and the
$150 filing fee may not be delivered by an overnight delivery service
other than the U.S. Postal Service Express Mail. If by mail (including
overnight delivery), Petitions to Participate, along with the $150
filing fee, must be addressed to: Copyright Royalty Board, P.O. 70977,
Washington, DC 20024-0977. If hand delivered by a private party,
Petitions to Participate, along with the $150 filing fee, must be
brought to the Library of Congress, James Madison Memorial Building,
LM-401, 101 Independence Avenue, SE., Washington, DC 20559-6000. If
delivered by a commercial courier, Petitions to Participate, along with
the $150 filing fee, must be delivered to the Congressional Courier
Acceptance Site, located at 2nd and D Street, NE., Washington, DC. The
envelope must be addressed to: Copyright Royalty Board, Library of
Congress, James Madison Memorial Building, LM-403, 101 Independence
Avenue, SE., Washington, DC 20559-6000.
FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program
Specialist, by telephone at (202) 707-7658 or e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
Background
Each year, semiannually, cable systems must submit royalty payments
to the Copyright Office as required by the cable statutory license for
the privilege of retransmitting over-the-air television and radio
broadcast signals. 17 U.S.C. 111. These royalties are then distributed
to copyright owners whose works were included in such retransmissions
and who timely filed a claim for royalties. Distribution of the
royalties for each calendar year are determined by the Copyright
Royalty Judges (``Judges'') in two phases. At Phase I, the royalties
are divided among the representatives of the major categories of
copyrightable content (movies, sports programming, music, etc.)
requesting the distribution. At Phase II, the royalties are divided
among the various copyright owners within each category.
This Notice announcing the commencement of a proceeding under 17
U.S.C. 803(b)(1) for distribution of cable royalties collected for 2004
and 2005 is confined to Phase I.
Commencement of Phase I Proceeding
Consistent with 17 U.S.C. 804(b)(8), the Copyright Royalty Judges
determine that a Phase I controversy exists as to the distribution of
the 2004 and 2005 cable royalties. We reach this determination, in this
instance, for two reasons. First, several interested parties have
represented to us that a Phase I controversy exists for these years.
See Petition to Declare Controversy and Initiate a Phase I Proceeding
for the Distribution of the 2004 and 2005 Cable Royalty Funds filed by
the Motion Picture Association of America, Inc. (``MPAA'') (filed July
16, 2007); and comments filed by the following parties in Docket No.
2007-3 CRB CD 2004-2005: Independent Producers Group (filed February
28, 2008); a comment filed jointly by Program Suppliers, Joint Sports
Claimants, Public Television Claimants, National Association of
Broadcasters, American Society of Composers, Authors and Publishers,
Broadcast Music, Inc., SESAC, Inc., National Public Radio and Canadian
Claimants Group (filed February 29, 2008). Second, to date we have not
received notification that any settlements have been reached for either
of these years, nor have we received motions for final distribution.
The Judges are consolidating the 2004 and 2005 royalty years into a
single proceeding. We note that the Librarian routinely consolidated
multiple royalty years into a single proceeding in order to maximize
the efficiencies associated
[[Page 40624]]
with the distribution process. We see no reason to deviate from this
practice in this instance because there appear to be no unusual issues
associated with these years that would make a consolidated proceeding
unduly complex. See MPAA Petition to Declare a Controversy at 2
(``anticipate that same, or closely similar, issues will be presented
for both years''). Therefore, consolidation of these two years
represents the most administratively efficient manner in which to
determine the distribution of these royalty funds.
Petitions To Participate
Petitions to Participate must be filed in accordance with Sec.
351.1(b) of the Judges' regulations. See 37 CFR 351.1(b). Petitions to
Participate submitted by interested parties whose claims do not exceed
$1,000 \1\ must contain a statement that the party will not seek a
distribution of more than $1,000. No filing fee is required for these
parties. We note, however, that interested parties with claims
exceeding one thousand dollars ($1,000) must submit a filing fee of one
hundred and fifty dollars ($150) with their Petition to Participate or
it will be rejected. Cash will not be accepted; therefore, parties must
pay the filing fee with a check or money order made payable to the
``Copyright Royalty Board.'' If a check is returned for lack of
sufficient funds, the corresponding Petition to Participate will be
dismissed.
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\1\ The Copyright Royalty Judges Program Technical Corrections
Act, Public Law No. 109-303, changed the amount from $10,000 to
$1,000.
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Further procedural matters, including scheduling, will be addressed
after Petitions to Participate have been received.
Note that in accordance with 37 CFR 350.2 (Representation), only
attorneys who are members of the bar in one or more states and in good
standing will be allowed to represent parties before the Copyright
Royalty Judges, unless the party is an individual who represents
herself or himself.
Dated: July 10, 2008.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E8-16137 Filed 7-14-08; 8:45 am]
BILLING CODE 1410-72-P