[Federal Register Volume 74, Number 127 (Monday, July 6, 2009)]
[Notices]
[Page 31985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15908]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2009-4 CRB DD 2005-2006]
Distribution of 2005 and 2006 Digital Audio Recording Royalty
Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Order denying request for distribution; Notice announcing
commencement of proceeding and requesting petitions to participate.
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SUMMARY: The Copyright Royalty Judges are denying a request for
distribution of digital audio recording technology (``DART'') royalties
and announcing the commencement of a proceeding to determine the
distribution of royalty fees in the 2005 and 2006 DART Sound Recordings
Funds. The Judges also are announcing the date by which a party who
wishes to participate in the distribution proceeding must file its
Petition to Participate and the accompanying filing fee, if applicable.
DATES: Petitions to Participate and the filing fee, if applicable, are
due no later than August 5, 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 a $150 filing fee, if applicable, must be delivered to the
Copyright Royalty Board by either mail or hand delivery. Petitions to
Participate 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, if applicable, 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 filing fee,
if applicable, 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 filing fee, if applicable,
must be delivered to the Congressional Courier Acceptance Site, located
at 2nd and D Streets, NE., Washington, DC between 8:30 a.m. and 4 p.m.
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 March 30, 2009, Edward Whitney Mazique filed a motion in which
he requested a share of royalties remaining in the 2005 and 2006 Sound
Recordings Funds.\1\ AARC opposes the motion, arguing, among other
things, that the remaining royalties are still in controversy and that
a hearing is required to determine their proper distribution. AARC
contends, however, that such a hearing should be postponed indefinitely
because the costs of holding one might ``outweigh the financial results
of the proceeding.'' In light of the participants' continued inability
to reach a settlement with respect to the remaining funds, a proceeding
is warranted. Therefore, the motion is denied and the Judges hereby
announce the commencement of a proceeding and request Petitions to
Participate from interested persons. The Judges are consolidating the
2005 and 2006 royalty years into a single proceeding due to the low
dollar amount in controversy and to enhance administrative efficiency.
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\1\ On July 23, 2007, the Judges ordered a distribution of 98%
of the 2006 Sound Recordings Fund to the Alliance of Artists and
Recording Companies (``AARC''). In the Matter of Distribution of
2006 Digital Audio Recording Royalty Funds, Docket No. 2007-2 CRB DD
2006. On November 16, 2006, the Judges ordered a distribution of 98%
of the royalties in the 2005 Sound Recordings Fund to AARC and
Donald Johnson. In the Matter of Distribution of 2005 Digital Audio
Recording Royalty Funds, Docket No. 2006-4 CRB DD 2005. In the
latter order, the Judges also denied AARC's motion to dismiss Mr.
Mazique's claim. The current order concerns the remaining 2% of the
2005 and 2006 Sound Recordings Funds (both the Copyright Owners
Subfund and the Featured Artists Subfund), which, according to AARC,
total approximately $60,000 ($20,000 for the 2005 Fund and $40,000
for the 2006 Fund). Opposition of the Alliance of Artists and
Recording Companies to Motion Filed By [Edward Mazique] at 5 (May 7,
2009). In his motion, Mr. Mazique asks that the remaining 2% of the
2005 and 2006 Sound Recordings Funds be divided equally among all
claimants, including himself, other than AARC and ``any parties,
individuals etc., that have arrangements or have already settled
with AARC.''
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Petitions to Participate
Petitions to Participate must be filed in accordance with 37 CFR
351.1(b). Petitions to Participate must be accompanied by a $150 filing
fee, if applicable.\2\ If a petitioner believes that the contested
amount of that petitioner's claim will be $10,000 or less, petitioner
shall state that in its petition and need not include the $150 filing
fee.\3\
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\2\ Parties must pay the filing fee with a check or money order
made payable to ``Copyright Royalty Board.'' If a check is returned
for lack of sufficient funds the corresponding Petition to
Participate will be dismissed.
\3\ 37 CFR 351.1(b)(4).
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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
may represent parties before the Judges, unless a party is an
individual who represents herself or himself.
Dated: June 30, 2009.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. E9-15908 Filed 7-2-09; 8:45 am]
BILLING CODE 1410-72-P