[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Notices]
[Pages 319-320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30974]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2009-2 CRB New Subscription II]
Digital Performance Right in Sound Recordings and Ephemeral
Recordings for a New Subscription Service
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice announcing commencement of proceeding with request for
Petitions to Participate.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges are announcing the commencement
of the proceeding to determine the rates and terms for the use of sound
recordings in transmissions made by new subscription services and for
the making of ephemeral recordings necessary for the facilitation of
such transmissions for the period beginning on January 1, 2011, and
ending on December 31, 2015. The 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.
DATES: Petitions to Participate and the filing fee are due on or before
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
Section 114(f)(2)(C) of the Copyright Act, title 17 of the United
States Code, allows a new type of eligible nonsubscription service or a
new subscription service on which sound recordings are performed that
is or is about to become operational to file a petition with the
Copyright Royalty Judges (``Judges'') for the purpose of determining
reasonable terms and rates of royalty payments for such new type of
service. 17 U.S.C. 114(f)(2)(C). Upon receipt of such a petition, the
Judges are required to commence a proceeding to determine said
reasonable terms and rates. 17 U.S.C. 804(b)(3)(C)(ii). The Judges have
conducted one proceeding pursuant to these provisions. See 70 FR 72471,
72472 (December 5, 2005) (after receipt of petition, commencing
proceeding to determine rates and terms for a new type of subscription
service that ``performs sound recordings on digital audio channels
programmed by
[[Page 320]]
the licensee for transmission by a satellite television distribution
service to its residential customers, where the audio channels are
bundled with television channels as part of a `basic' package of
service and not for a separate fee''). The parties to that proceeding
ultimately reached an agreement on the rates and terms for the new
subscription service at issue; and the Judges, after publishing the
settlement for public comment, adopted the settlement as final
regulations.\1\ See 72 FR 72253 (December 20, 2007). The current rates
expire on December 31, 2010.\2\
---------------------------------------------------------------------------
\1\ The terms of the settlement are codified at 37 CFR Part 383.
The new subscription service is defined in 37 CFR 383.2(h).
\2\ Section 114(f)(2)(C) states that the license period for
services covered by this provision begins ``with the inception of
such new type of service and ending on the date on which the royalty
rates and terms for preexisting subscription digital audio
transmission services or preexisting satellite digital radio audio
services * * * expire, or such other period as the parties may
agree.'' 17 U.S.C. 114(f)(2)(C). The current rates for these
preexisting services expire on December 31, 2012. See 72 FR 71795
(December 19, 2007) (preexisting subscription services) and 73 FR
4080 (January 24, 2008) (preexisting satellite digital radio audio
services). While the license period for the new subscription service
defined in Sec. 383.2(h) began with the inception of that service,
the parties agreed to an expiration date different than that of the
preexisting services, as allowed under this section.
---------------------------------------------------------------------------
In order to have successor rates and terms in place prior to the
expiration of the current rates, the Judges, by this notice, are
commencing the rate determination proceeding for the license period
2011-2015 for the new subscription service defined in Sec. 383.2(h).
See 17 U.S.C. 804(b)(3)(C). Section 803(b)(1)(A)(i)(III) of the
Copyright Act requires the Judges to publish a Federal Register notice
by 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. E8-30974 Filed 1-2-09; 8:23 am]
BILLING CODE 1410-72-P