[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5596-5597]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-113]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2008-1 CRB CD 98-99]
Distribution of 1998 and 1999 Cable Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress
ACTION: Notice announcing commencement of Phase II 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 II distribution of 1998 and 1999
royalties collected under the cable statutory license. The Judges also
are 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
February 29, 2008.
ADDRESSES: An original, five copies, and an electronic copy 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. Box 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: Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or e-
mail at crb@loc.gov.
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 stations. 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 conducted 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 1998
and 1999 is confined to Phase II. A Phase I proceeding for these
royalty years was conducted by the Librarian of Congress under the
Copyright Arbitration Royalty Panel (``CARP'') system, the predecessor
to the Copyright Royalty Judges. The Librarian issued his determination
dividing the royalties among the eight Phase I claimant groups, 69 FR
3606 (January 26, 2004), and the U.S. Court of Appeals for the District
of Columbia Circuit affirmed his determination. Program Suppliers v.
Librarian of Congress, 409 F.3d 395 (DC Cir. 2005). The Librarian did
not, however, resolve the Phase II distribution of these royalty years
and terminated the proceeding on August 10, 2007. 72 FR 45071.
Consequently, it is now necessary for the Copyright Royalty Judges to
resolve this Phase II distribution.\1\
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\1\ It is important to note that this is a new proceeding before
the Copyright Royalty Judges and not a transfer or continuation of a
prior proceeding of the Librarian. See Section 6(b)(1) of the
Copyright Royalty and Distribution Reform Act of 2004, Pub. L. No.
108-419 (any CARP proceeding terminated by the Librarian ``shall
become null and void'').
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Commencement of Phase II Proceeding
Consistent with 17 U.S.C. 804(b)(8), the Copyright Royalty Judges
determine that a Phase II controversy exists as to the distribution of
1998 and 1999 cable royalties. We reach this determination, in this
instance, for several reasons. First, we observe that certain
interested parties represented to the Librarian some time ago that
several Phase II controversies exist for these years. Second, the
Program Suppliers have recently represented to us that a Phase II
controversy with the National Association of Broadcasters remains for
these years. Comments of the Program Suppliers on the Existence of a
Controversy, at 5, n. 3 (filed in Docket No. 2005-4 CRB CD 2003 on
September 19, 2007). And third, we have not received notification that
any settlements have been reached, nor have we received motions for
final distribution.
The Judges are consolidating the 1998 and 1999 royalty years into a
single proceeding. The Librarian consolidated these years for purposes
of the Phase I proceeding without incident, and Phase II proceedings
are traditionally less extensive and complicated, thereby making
consolidation of multiple royalty years more administratively
efficient.
Petitions To Participate
Petitions to Participate must be filed in accordance with the Sec.
351.1(b) of the Judge's regulations. See 37 CFR 351.1(b). Petitions to
Participate submitted by interested parties whose claims do not exceed
$1,000 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 received in payment of the
filing fee is returned for lack of sufficient funds, the
[[Page 5597]]
corresponding Petition to Participate will be dismissed.
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: January 24, 2008.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E8-1672 Filed 1-29-08; 8:45 am]
BILLING CODE 1410-72-P