[Federal Register Volume 76, Number 28 (Thursday, February 10, 2011)]
[Notices]
[Pages 7590-7591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2940]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2008-2 CRB CD 2000-2003 (Phase II)]
Distribution of 2000, 2001, 2002, and 2003 Cable Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice announcing commencement of Phase II proceeding with
request for Petitions to Participate.
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SUMMARY: The Copyright Royalty Judges are announcing the commencement
of a proceeding to determine the Phase II distribution of 2000, 2001,
2002, and 2003 royalties collected under the cable statutory license.
The Judges are also announcing the date by which a party who wishes to
participate in this distribution proceeding must file its Petition to
Participate and the accompanying $150 filing fee, if applicable.
DATES: Petitions to Participate and the filing fee are due on or before
March 14, 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 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, if applicable, 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
Each year, semiannually, cable systems must submit royalty payments
to the Copyright Office as required by the cable statutory license for
the privilege of retransmitting over-the-air television and radio
broadcast signals. 17 U.S.C. 111. These royalties are then distributed
to copyright owners whose works were included in such retransmissions
and who timely filed a claim for royalties. Distribution of the
royalties for each calendar year are determined by the Copyright
Royalty Judges (``Judges'') in two phases. At Phase I, the royalties
are divided among the representatives of the major categories of
copyrightable content (movies, sports programming, music, etc.)
requesting the distribution. At Phase II, the royalties are divided
among the various copyright owners within each category.
The Judges published their final determination regarding the Phase
I
[[Page 7591]]
distribution of the 2000-2003 cable royalties on May 12, 2010. 75 FR
26798. Thus, this Notice announcing the commencement of a proceeding
under 17 U.S.C. 803(b)(1) for distribution of cable royalties collected
for 2000, 2001, 2002, and 2003 is confined to Phase II.
Commencement of Phase II Proceeding
Consistent with 17 U.S.C. 804(b)(8), the Copyright Royalty Judges
determine that a Phase II controversy exists as to the distribution of
the 2000, 2001, 2002, and 2003 cable royalties. We reach this
determination based on a Motion to Initiate Phase II Proceedings by the
Joint Sports, Program Suppliers, and Devotional Claimants, three Phase
I claimant groups, filed with the Judges on January 14, 2011. The
Motion states that ``[n]o pending controversies exist with respect to
Phase I. However, controversies continue to exist with regard to Phase
II in the devotional, sports, and syndicated programming categories.
For example, one party, Independent Producers Group (`IPG'), claims
that it represents copyright owners with [unresolved] Phase II claims
in each of these categories.'' Motion at 1. The Motion further states
that ``[t]he Phase I Parties are also aware of other ongoing Phase II
controversies, including ongoing Phase II controversies in the
syndicated programming category between the MPAA-represented Program
Suppliers and the NAB-represented Program Suppliers as to the 2000,
2001, 2002, and 2003 royalty years, and between the MPAA-represented
Program Suppliers and Home Shopping Network (`HSN') for the 2002 and
2003 royalty years.'' Motion at 2. The Motion requests that the Judges
commence a Phase II proceeding to resolve all outstanding Phase II
controversies.\1\ In light of the outstanding Phase II controversies
with respect to cable royalties for 2000, 2001, 2002, and 2003, the
Motion is granted.
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\1\ IPG filed an untimely response to the Motion on January 27,
2011. See 37 CFR 350.4(f) (oppositions to motions shall be filed
within five business days of the filing of the motion).
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Petitions To Participate
Petitions to Participate must be filed in accordance with 37 CFR
351.1(b)(2). Petitions to Participate submitted by interested parties
whose claims do not exceed $1,000 must contain a statement that the
party will not seek a distribution of more than $1,000.\2\ No filing
fee is required for these parties. A party whose claim(s) exceed $1,000
must submit a filing fee of $150 with its Petition to Participate or
the Petition will be rejected. The filing fee must be paid by check or
money order payable to the ``Copyright Royalty Board.'' If a check is
returned for insufficient funds, the corresponding Petition to
Participate will be dismissed. In accordance with 37 CFR 350.2
(Representation), all parties, other than individuals, must be
represented by an attorney.
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\2\ The Copyright Royalty Judges Program Technical Corrections
Act, Public Law 109-303, changed the amount from $10,000 to $1,000.
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Further procedural matters, including scheduling, will be addressed
after Petitions to Participate have been received.
Dated: February 3, 2011.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. 2011-2940 Filed 2-9-11; 8:45 am]
BILLING CODE 1410-72-P