[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Notices]
[Pages 318-319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30972]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2009-1 CRB Webcasting III]


Digital Performance in Sound Recordings and Ephemeral Recordings

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice announcing commencement of proceeding with request for 
Petitions to Participate.

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SUMMARY: The Copyright Royalty Judges are announcing the commencement 
of the proceeding to determine the reasonable rates and terms for two 
statutory licenses, permitting certain digital performances of sound 
recordings and the making of ephemeral recordings for the period 
beginning January 1, 2011, and ending on December 31, 2015. The 
Copyright Royalty Judges also are announcing the date by which a party 
who wishes to participate in the rate determination proceeding must 
file its Petition to Participate and the accompanying $150 filing fee.

[[Page 319]]


DATES: Petitions to Participate and the filing fee are due no later 
than February 4, 2009.

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. 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: LaKeshia Brent, CRB Program 
Specialist, by telephone at (202) 707-7658 or e-mail at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On May 1, 2007, the Copyright Royalty Judges (``Judges'') announced 
their final determination of the rates and terms for public 
performances of sound recordings by means of an eligible 
nonsubscription transmission and transmissions made by a new 
subscription service and the making of an ephemeral recording in 
furtherance of making a permitted public performance of the sound 
recording for the period January 1, 2006, through December 31, 2010. 72 
FR 24084. Section 804(b)(3)(A) of the Copyright Act, title 17 of the 
United States Code, requires that ``[s]uch proceedings shall next be 
commenced in January 2009 to determine reasonable terms and rates of 
royalty payments, to become effective on January 1, 2011.'' 17 U.S.C. 
804(b)(3)(A). Pursuant to this provision, this notice commences the 
rate determination proceeding for the license period 2011-2015. Section 
803(b)(1)(A)(i)(III) of the Copyright Act requires the Judges to 
publish a Federal Register notice no later than January 5, 2009, 
commencing this proceeding.

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 must be accompanied by the $150 filing fee. Cash will not 
be accepted; therefore, parties must pay the filing fee with a check or 
money order made payable to ``Copyright Royalty Board.'' If a check 
received in payment of the filing fee is returned for lack of 
sufficient funds, the corresponding Petition to Participate will be 
dismissed.
    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 a party is an individual who represents herself 
or himself.

    Dated: December 23, 2008.
Stanley C. Wisniewski,
Copyright Royalty Judge.
 [FR Doc. E8-30972 Filed 1-2-09; 8:24 am]
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