Justia Regulation Tracker

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[Federal Register: September 13, 2005 (Volume 70, Number 176)]
[Proposed Rules]               
[Page 53973-53974]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13se05-29]                         

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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Chapter III

[Docket No. 2005-4 CRB CD 2003]

 
Distribution of the 2003 Cable Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Request for comments.

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SUMMARY: The Interim Chief Copyright Royalty Judge, on behalf of the 
Copyright Royalty Board, is requesting comments on the existence of 
controversies to the distribution of the 2003 cable royalty fund.

DATES: Written comments should be received no later than October 13, 
2005.

ADDRESSES: If hand delivered by a private party, an original and five 
copies of comments must be brought to Room LM-401 of the James Madison 
Memorial Building, Monday through Friday, between 8:30 a.m. and 5 p.m., 
and the envelope must be addressed as follows: Copyright Royalty Board, 
Library of Congress, James Madison Memorial Building, LM-401, 101 
Independence Avenue, SE., Washington, DC 20559-6000. If delivered by a 
commercial courier (excluding overnight delivery services such as 
Federal Express, United Parcel Service and similar overnight delivery 
services), an original and five copies of comments must be delivered to 
the Congressional Courier Acceptance Site located at 2nd and D Streets, 
NE., Monday through Friday, between 8:30 a.m. and 4 p.m., and the 
envelope must be addressed as follows: Copyright Royalty Board, Library 
of Congress, James Madison Memorial Building, LM-403, 101 Independence 
Avenue, SE., Washington, DC 20559-6000. If sent by mail (including 
overnight delivery using United States Postal Service Express Mail), an 
original and five copies of comments must be addressed to: Copyright 
Royalty Board, P.O. Box 70977, Southwest Station, Washington, DC 20024-
0977. Comments may not be delivered by means of overnight delivery 
services such as Federal Express, United Parcel Service, etc., due to 
delays in processing receipt of such deliveries.

FOR FURTHER INFORMATION CONTACT: William J. Roberts, Jr., Senior 
Attorney, or Abioye E. Oyewole, CRB Program Specialist. Telephone (202) 
707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION: Each year cable systems submit royalties to 
the Copyright Office under the section 111 statutory license for the 
retransmission to their subscribers of over-the-air television and 
radio broadcast signals. These royalties are, in turn, distributed in 
one of two ways to copyright owners whose works were included in a 
retransmission and who timely filed a claim for royalties. The 
copyright owners may either negotiate the terms of a settlement as to 
the division of the royalty funds, or the Copyright Royalty Board (the 
``Board'') may conduct a proceeding to determine the distribution of 
the royalties that remain in controversy. See 17 U.S.C. Chapter 8.
    By motion received on August 31, 2005, representatives of the Phase 
I claimant categories (the ``Phase I Parties'')\1\ have asked the Board 
to authorize a partial distribution of 50% of the 2003 cable royalty 
funds prior to October 31, 2005. In addition, they request that the 
Board publish a notice in the Federal Register requesting comments as 
to the extent of controversies, either at Phase I or Phase II, that 
exist over the distribution of the 2003 cable royalties. This Federal 
Register notice responds to these requests.
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    \1\ The ``Phase I Parties'' are the Program Suppliers, the Joint 
Sports Claimants, the Public Television Claimants, the National 
Association of Broadcasters, the American Society of Composers, 
Authors and Publishers, Broadcast Music, Inc., SESAC, Inc., the 
Canadian Claimants, the Devotional Claimants and National Public 
Radio.
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    Accordingly, the Board seeks comments on whether any controversy 
exists that would preclude the distribution of 50% of the 2003 cable 
royalty funds to the Phase I Parties.
    The Board also seeks comment on the existence and extent of any 
controversies to the 2003 cable royalty funds, either at Phase I or 
Phase II, with

[[Page 53974]]

respect to the 50% of those funds that would remain if the partial 
distribution is granted. In Phase I of a cable royalty distribution, 
royalties are distributed to certain categories of broadcast 
programming that have been retransmitted by cable systems. The 
categories have traditionally been movies and syndicated television 
series, sports programming, commercial and noncommercial broadcaster-
owned programming, religious programming, music and Canadian 
programming. In Phase II of a cable royalty distribution, royalties are 
distributed to claimants within each of the Phase I categories. Any 
party submitting comments on the existence of a Phase II controversy 
must identify the category or categories in which there is a dispute, 
and the extent of the controversy or controversies.
    The Board must be advised of the existence and extent of all Phase 
I and Phase II controversies by the end of the comment period. It will 
not consider any controversies that come to its attention after the 
close of that period.

    Dated: September 8, 2005.
Bruce G. Forrest,
Interim Chief Copyright Royalty Judge.
[FR Doc. 05-18128 Filed 9-12-05; 8:45 am]

BILLING CODE 1410-72-P