[Federal Register Volume 76, Number 3 (Wednesday, January 5, 2011)]
[Notices]
[Pages 590-591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32634]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2011-3 CRB Phonorecords II]
Adjustment or Determination of Compulsory License Rates for
Making and Distributing Phonorecords
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 \1\ to determine the reasonable rates and terms for
making and distributing phonorecords. The Copyright Royalty Judges also
are announcing the date by which a party who wishes to participate in
the rate proceeding must file its Petition to Participate and the
accompanying $150 filing fee.
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\1\ The prior proceeding was captioned as ``DPRA'' (which stands
for ``Digital Phonorecord Rate Adjustment''). Hereinafter, this and
future proceedings will be captioned as ``Phonorecords'' followed by
the appropriate Roman numeral.
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DATES: February 4, 2011.
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 Petition, along with the $150 filing fee, must be brought
between 8:30 a.m. and 5 p.m. to the Library of Congress, James Madison
Memorial Building, Room 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 between 8:30 a.m. and 4 p.m. 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, Room LM-403, 101
Independence Avenue, SE., Washington, DC 20559-6000.
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist,
by telephone at (202) 707-7658 or e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
Background
Section 804(b)(4) of the Copyright Act, title 17 of the United
States Code, allows a party to file with the Copyright Royalty Judges a
petition to adjust or determine reasonable rates and terms for the
making and distribution of phonorecords, including digital phonorecord
deliveries, under 17 U.S.C. 115, every five years, starting in the year
2006. A proceeding was commenced in 2006, 71 FR 1454 (January 9, 2006);
on
[[Page 591]]
January 26, 2009, the Judges announced the royalty rates and terms for
the section 115 compulsory license. 74 FR 4510 (January 26, 2009).
Thus, in accordance with section 804(b)(4), a party may file a petition
in 2011. However, no petition has been filed; consequently, section
803(b)(1)(A)(i)(V) requires the Judges to publish in the Federal
Register by no later than January 5, 2011, a notice commencing this
proceeding. Today's notice fulfills this requirement.
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 the ``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 22, 2010.
William J. Roberts, Jr.,
U.S. Copyright Royalty Judge.
[FR Doc. 2010-32634 Filed 1-4-11; 8:45 am]
BILLING CODE 1410-72-P