[Federal Register: October 15, 2008 (Volume 73, Number 200)]
[Notices]               
[Page 61172]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc08-137]                         

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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2008-4 CRB CD 2006]

 
Distribution of the 2006 Cable Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice soliciting comments on motion of Phase I claimants for 
partial distribution.

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SUMMARY: The Copyright Royalty Judges are soliciting comments on a 
motion of Phase I claimants for partial distribution in connection with 
the 2006 cable royalty funds.

DATES: Comments are due on or before November 14, 2008.

ADDRESSES: Comments may be sent electronically to crb@loc.gov. In the 
alternative, send an original, five copies, and an electronic copy on a 
CD either by mail or hand delivery. Please do not use multiple means of 
transmission. Comments may not be delivered by an overnight delivery 
service other than the U.S. Postal Service Express Mail. If by mail 
(including overnight delivery), comments must be addressed to: 
Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If 
hand delivered by a private party, comments 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, comments 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: Each year cable systems must submit royalty 
payments to the Register of Copyrights as required by the statutory 
license set forth 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). These royalties are then 
distributed to copyright owners whose works were included in a 
qualifying transmission and who timely filed a claim for royalties. 
Allocation of the royalties collected occurs in one of two ways. In the 
first instance, these funds will be distributed through a negotiated 
settlement among the parties. 17 U.S.C. 111(d)(4)(A). If the claimants 
do not reach an agreement with respect to the royalties, the Copyright 
Royalty Judges [bsol] (``Judges'') must conduct a proceeding to 
determine the distribution of any royalties that remain in controversy. 
17 U.S.C. 111(d)(4)(B).
    On August 27, 2008, representatives of the Phase I claimant 
categories (the ``Phase I Parties'') \1\ filed with the Judges a motion 
requesting a partial distribution of 50% of the 2006 cable royalty 
funds. Under section 801(b)(3)(C) of the Copyright Act, 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 such fees has a reasonable objection to the 
requested distribution before ruling on the motion. Consequently, by 
today's Notice, the Judges seek comments from interested claimants on 
whether any reasonable objection exists that would preclude the 
distribution of 50% of the 2006 cable royalty funds to the Phase I 
Parties.
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    \1\ The ``Phase I Parties'' are the Program Suppliers, Joint 
Sports Claimants, Public Television Claimants, the National 
Association of Broadcasters, the American Society of Composers, 
Authors and Publishers, Broadcast Music, Inc., SESAC, Inc., Canadian 
Claimants, National Public Radio, and the Devotional Claimants.
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    The Judges also seek comment on the existence and extent of any 
controversies to the 2006 cable royalty funds at Phase I with respect 
to the 50% of those funds that would remain if the partial distribution 
is granted. In Phase I of a cable royalty distribution, royalties are 
distributed to certain categories of broadcast programming that have 
been retransmitted by cable systems. The categories have traditionally 
been movies and syndicated television series, sports programming, 
commercial and noncommercial broadcaster-owned programming, religious 
programming, music, public radio programming, and Canadian programming. 
In Phase II of a cable royalty distribution, royalties are distributed 
to claimants within each of the Phase I categories.
    The Judges must be advised of the existence and extent of all Phase 
I controversies by the end of the comment period. They will not 
consider any controversies that come to their attention after the close 
of that period.
    The Motion of the Phase I Claimants for Partial Distribution is 
posted on the Copyright Royalty Board Web site at http://www.loc.gov/
crb/proceedings/2008-4/08-27-08-phase1motion.pdf.

    Dated: October 8, 2008.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E8-24438 Filed 10-14-08; 8:45 am]

BILLING CODE 1410-72-P