JHP Transport LLC, Myerstown, Pennsylvania; Notice of Termination of Investigation, 48396 [E8-19183]
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48396
Federal Register / Vol. 73, No. 161 / Tuesday, August 19, 2008 / Notices
DEPARTMENT OF LABOR
Employment and Training
Administration
[TA–W–63,817]
JHP Transport LLC, Myerstown,
Pennsylvania; Notice of Termination of
Investigation
Pursuant to Section 221 of the Trade
Act of 1974, as amended, an
investigation was initiated on August 5,
2008, in response to a worker petition
filed by a company official on behalf of
workers at JHP Transport LLC,
Myerstown, Pennsylvania.
The petitioner has requested that the
petition be withdrawn. Consequently,
the investigation has been terminated.
Signed at Washington, DC this 8th day of
August 2008.
Linda G. Poole,
Certifying Officer, Division of Trade
Adjustment Assistance.
[FR Doc. E8–19183 Filed 8–18–08; 8:45 am]
BILLING CODE 4510–FN–P
LIBRARY OF CONGRESS
Copyright Office
[Docket No. RF 2008–1]
Division of Authority Between the
Copyright Royalty Judges and the
Register of Copyrights under the
Section 115 Statutory License
Copyright Office, Library of
Congress.
ACTION: Final Order.
ebenthall on PRODPC60 with NOTICES
AGENCY:
SUMMARY: The Copyright Royalty
Judges, acting pursuant to statute,
referred material questions of
substantive law to the Register of
Copyrights concerning the division of
authority between the Judges and the
Register of Copyrights under the section
115 statutory license. Specifically, the
Copyright Royalty Board requested a
decision by the Register of Copyrights
regarding whether the Judges’ authority
to adopt terms under the section 115
license is solely limited to late payment,
notice of use and recordkeeping
regulations; and if the answer is no,
what other categories or types of terms
may the Judges prescribe by regulation.
The Register of Copyrights responded in
a timely fashion by delivering a
Memorandum Opinion to the Copyright
Royalty Board on August 8, 2008.
DATES: Effective Date: August 8, 2008.
FOR FURTHER INFORMATION CONTACT:
Stephen Ruwe, Attorney Advisor, and
Tanya M. Sandros, General Counsel,
VerDate Aug<31>2005
15:12 Aug 18, 2008
Jkt 214001
Copyright GC/I&R, P.O. Box 70400,
Washington, DC 20024. Telephone:
(202) 707–8380. Telefax: (202) 707–
8366.
SUPPLEMENTARY INFORMATION: In the
Copyright Royalty and Distribution
Reform Act of 2004, Congress amended
Title 17 to replace the copyright
arbitration royalty panel with the
Copyright Royalty Judges (‘‘CRJs’’). One
of the functions of the CRJs is to make
determinations and adjustments of
reasonable terms and rates of royalty
payments as provided in sections
112(e), 114, 115, 116, 118, 119 and 1004
of the Copyright Act. The CRJs have the
authority to request from the Register of
Copyrights (‘‘Register’’) an
interpretation of any material question
of substantive law that relates to the
construction of provisions of Title 17
and arises out of the course of the
proceeding before the CRJs. See 17
U.S.C. 802(f)(1)(A)(ii).
On July 25, 2008, the CRJs delivered
to the Register: (1) an Order referring
material questions of substantive law;
and (2) the Briefs filed with the CRJs by
the Recording Industry Association of
America; the Digital Media Association;
and National Music Publishers’
Association, Inc., the Songwriters Guild
of America, and the Nashville
Songwriters Association International.
The CRJs’ delivery of the request for an
interpretation triggered the 14–day
response period prescribed in Section
802 of the Copyright Act. This statutory
provision states that the Register ‘‘shall
deliver to the Copyright Royalty Judges
a written response within 14 days after
the receipt of all briefs and comments
from the participants.’’ See 17 U.S.C.
802(f)(1)(A)(ii). The statute also requires
that ‘‘[t]he Copyright Royalty Judges
shall apply the legal interpretation
embodied in the response of the Register
of Copyrights if it is timely delivered,
and [that] the response shall be
included in the record that accompanies
the final determination.’’ Id. On August
8, 2008, the Register responded in a
Memorandum Opinion to the CRJs that
addressed the material questions of law.
To provide the public with notice of the
decision rendered by the Register, the
Memorandum Opinion is reproduced in
its entirety, below.
Dated: August 12, 2008
David O. Carson,
Associate Register for Policy and
International Affairs
Before the
U.S. Copyright Office
Library of Congress
Washington, D.C. 20559
In the Matter of
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
Mechanical and Digital Phonorecord
Delivery Rate Adjustment Proceeding
Docket No. RF 2008–1
—————————————————
MEMORANDUM OPINION
ON MATERIAL QUESTIONS OF
SUBSTANTIVE LAW
I. Procedural Background
On July 25, 2008, under the terms of
17 U.S.C. § 802(f)(1)(A)(ii), the
Copyright Royalty Judges (‘‘CRJs’’)
referred to the Register of Copyrights
material questions of substantive law
which have arisen in this proceeding.
The Copyright Royalty Judges included
briefs from the parties to the proceeding
that had been submitted in February,
2008 relating to the authority of the CRJs
to set terms governing the section 115
compulsory license.
After recounting the relevant statutory
provisions of section 115 and Chapter 8
of Title 17, the CRJs posed the following
questions:
Is the Judges’ authority to adopt terms
under the section 115 license solely
limited to late payment, notice of use
and recordkeeping regulations? If the
answer is no, what other categories or
types of terms may the Judges’ prescribe
by regulation?
In addition, a footnote to the referral
indicates that the CRJs are particularly
interested in knowing whether it is the CRJs
or the Register that have authority to
prescribe regulations governing categories or
types of terms where those categories or
types of terms are not specifically identified
or delineated in the statute.
As required by 17 U.S.C.
§ 802(f)(1)(A)(ii), the Register hereby
responds to the CRJs.
II. Statutory Authority in Section 115
and Chapter 8 of Title 17.
Prior to 1995, the copyright law
empowered the Copyright Royalty
Tribunal and, subsequently, the
Copyright Arbitration Royalty Panels
(‘‘CARPs’’) and the Librarian of
Congress, to set only the rates applicable
to the section 115 license. This
authority was modified in 1995 by the
Digital Performance Right in Sound
Recording Act of 1995 in which
Congress added provisions to section
115 for ‘‘digital phonorecord
deliveries.’’ The CARPs became
authorized to set ‘‘reasonable terms and
rates of royalty payments’’ for digital
phonorecord deliveries (‘‘DPDs’’), and
these rates and terms were subject to
modification by the Librarian on
recommendation by the Register of
Copyrights. The same legislation
authorized the Librarian to ‘‘establish
requirements by which copyright
owners may receive reasonable notice of
E:\FR\FM\19AUN1.SGM
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[Federal Register Volume 73, Number 161 (Tuesday, August 19, 2008)]
[Notices]
[Page 48396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19183]
[[Page 48396]]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-63,817]
JHP Transport LLC, Myerstown, Pennsylvania; Notice of Termination
of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as amended, an
investigation was initiated on August 5, 2008, in response to a worker
petition filed by a company official on behalf of workers at JHP
Transport LLC, Myerstown, Pennsylvania.
The petitioner has requested that the petition be withdrawn.
Consequently, the investigation has been terminated.
Signed at Washington, DC this 8th day of August 2008.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-19183 Filed 8-18-08; 8:45 am]
BILLING CODE 4510-FN-P
