[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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