Distribution of the 2002, 2003, and 2004 Digital Audio Recording Technology Royalty Funds, 49708-49709 [E8-19570]
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49708
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
Safety and Health (ACCSH) is necessary
and in the public interest. Accordingly,
the U.S. Department of Labor,
Occupational Safety and Health
Administration (OSHA) has renewed
the ACCSH Charter with several minor
revisions. The revisions relate to
procedural matters which do not
substantively affect the objectives or
activities of the ACCSH Committee. The
ACCSH Charter will expire on May 6,
2010.
FOR FURTHER INFORMATION CONTACT: Mr.
Joseph Hajdusiewicz, Office of
Construction Service, Directorate of
Construction, Occupational Safety and
Health Administration, U.S. Department
of Labor, Room N–3468, 200
Constitution Avenue, NW., Washington,
DC 20210; Telephone: (202) 693–2020
or Facsimile: (202) 693–1689.
SUPPLEMENTARY INFORMATION:
I. Background
The Committee will advise the
Assistant Secretary of Labor for
Occupational Safety and Health in the
formulation of construction safety and
health standards under the Contract
Work Hours and Safety Standards Act
(40 U.S.C. 3701 et seq.), commonly
known as the Construction Safety Act
(CSA), and the Occupational Safety and
Health Act of 1970 (OSH Act) (29 U.S.C.
651 et seq.). The ACCSH also provides
advice on the administration of the
safety and health provisions of the CSA
(29 CFR 1912.5(c)).
Under OSHA regulations (29 CFR
1912.3), the ACCSH is composed of 15
members appointed by the Assistant
Secretary as follows: One member who
is a designee of the Secretary of Health
and Human Services; five members who
are qualified by experience and
affiliation to represent the viewpoint of
employers involved in construction; five
members, similarly qualified, to
represent the viewpoint of the
employees involved in construction,
two members who are representatives of
State safety and health agencies; and
two members who are qualified by
knowledge and experience to represent
the general public and to make a useful
contribution to the work of the
Committee. One of the members is
appointed to serve as the Committee
chair. Members generally serve two-year
staggered terms except for the designee
of the Secretary of Health and Human
Services who has no fixed term.
Members may be appointed to serve
successive terms or may be removed at
any time and replaced. If otherwise
qualified, a member may continue to
serve after his or her term expires, until
successors are appointed.
VerDate Aug<31>2005
17:12 Aug 21, 2008
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The ACCSH charter is required to be
renewed every two years. The current
charter was to have expired on July 3,
2008. In light of the Committee’s past
contribution toward OSHA’s
construction safety and health mission,
OSHA has determined that renewal of
the charter for another two years is
necessary and in the public interest. In
addition to the renewal, OSHA has
amended the charter to address
procedural matters in the following
sections: the Objectives and Scope of
Activity section was amended to
include references to the Federal
Advisory Committee Act to be
consistent with the Department’s
procedures; the Membership section
was amended to more accurately reflect
Committee members’ terms of service,
the Estimated Annual Operating Costs
in Dollars and Staff Years section was
amended to reflect increases in the
Committee’s annual budget ($152,000 to
$180,000) to account for increased costs
for travel, logistical and conference
support for the Committee and its
workgroup meetings; and the Meetings
section was amended to reflect that the
Committee is generally expected to meet
between two and four times per year.
II. Authority and Signature
Edwin G. Foulke, Jr., Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is granted by section 7 of
the Occupational Safety and Health Act
of 1970 (29 U.S.C. 656), section 107 of
the Contract Work Hours and Safety
Standards Act (Construction Safety Act)
(40 U.S.C. 3701 et seq.), 29 CFR 1911
and 1912, and Secretary of Labor’s
Order No. 5–2007 (72 FR 31159).
Signed at Washington, DC on August 14th,
2008.
Edwin G. Foulke, Jr.
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E8–19444 Filed 8–21–08; 8:45 am]
BILLING CODE 4510–26–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2006–5 CRB DD 2002–2004]
Distribution of the 2002, 2003, and
2004 Digital Audio Recording
Technology Royalty Funds
Copyright Royalty Board,
Library of Congress.
ACTION: Notice announcing
commencement of proceeding with
request for Petitions to Participate.
AGENCY:
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Fmt 4703
Sfmt 4703
SUMMARY: The Copyright Royalty Judges
are announcing the commencement of
the proceeding to determine the
distribution of the digital audio
recording technology royalty fees in the
2002, 2003, and 2004 Musical Works
Funds. The Judges are also announcing
the date by which a party who wishes
to participate in this proceeding must
file its Petition to Participate and the
accompanying $150 filing fee.
DATES: Petitions to Participate and the
filing fee are due no later than
September 22, 2008.
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. 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, 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. Telephone: (202) 707–7658.
Telefax: (202) 252–3423 or e-mail at
crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Audio Home Recording Act of
1992 (the ‘‘AHRA’’), Public Law 102–
563, requires manufacturers and
importers to pay royalties on digital
audio recording devices and media that
are distributed in the United States. 17
U.S.C. 1003. These royalties are
deposited with the Copyright Office for
further distribution among interested
copyright parties by the Copyright
Royalty Judges (‘‘Judges’’), provided that
the interested copyright parties file a
claim with the Copyright Royalty Board
E:\FR\FM\22AUN1.SGM
22AUN1
Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
each year during the months of January
and February. 17 U.S.C. 1005, 1007.
The AHRA provides that the royalties
are divided between two funds: the
Sound Recordings Fund and the
Musical Works Fund. The Sound
Recordings Fund receives 662⁄3% of the
royalties and the Musical Works Fund
receives the remaining 331⁄3%. These
fees are allocated further to specific
subfunds.
The Sound Recordings Fund consists
of four subfunds: the Featured Artists
Subfund, the Copyright Owners
Subfund, the Nonfeatured Musicians
Subfund, and the Nonfeatured Vocalists
Subfund. The royalty fees allocated to
the Sound Recordings Funds are
divided among these four subfunds
according to the percentages set out in
section 1006 of the Copyright Act. 17
U.S.C. 1006(b)(1). Similarly, the statute
prescribes that the royalty fees allocated
to the Musical Works Fund be divided
equally between two subfunds, the
Publishers Subfund and the Writers
Subfund. 17 U.S.C. 1006(b)(2).
Distribution of these fees may occur
in one of two ways. The interested
copyright parties within each subfund
may either negotiate the terms of a
settlement as to the division of royalty
funds,1 or the Copyright Royalty Judges
may conduct a proceeding to determine
the distribution of the royalties that
remain in controversy in each subfund.
See 17 U.S.C. 1006(c).
On May 19, 2006, the Judges received
a motion filed jointly by Broadcast
Music, Inc., the American Society of
Composers, Authors and Publishers,
SESAC, Inc., and the Harry Fox Agency
(hereinafter ‘‘the Settling Parties’’)
asking the Judges to authorize a partial
distribution of 95% of the 2002, 2003,
and 2004 digital audio recording
technology (‘‘DART’’) Musical Works
Funds. The Settling Parties sought the
distribution under 17 U.S.C.
801(b)(3)(A), which provides that
royalty fees not subject to controversy
may be distributed by the Judges.
Subsequently, on September 27, 2006,
the Judges held a hearing on the motion;
and after considering the views of the
claimants participating in the hearing,
including an objection to the motion by
one claimant, the Judges granted the
motion, finding that retention of 5% of
the 2002, 2003, and 2004 DART Musical
Works Funds would be sufficient to
resolve any potential controversies as to
the distribution of royalties. See Order
in Docket No. 2006–5 CRB DD 2002–
2004 (October 2, 2006). The Judges also
determined that it would begin a
proceeding to resolve any existing
controversies as to the remaining 5% of
the 2002, 2003, and 2004 DART Musical
Works Funds.2 Id. Today’s notice
commences that proceeding.
1 For each of the claim years 2002, 2003, and
2004, the interested copyright parties to the royalty
fees in the Sound Recordings Funds have
negotiated a universal settlement agreement among
themselves as to the proportionate share that each
party receives from the subfunds; consequently,
these funds have been distributed.
2 On July 1, 2008, the Settling Parties filed a
motion requesting commencement of the
proceeding mentioned in the October 2, 2006,
order.
3 The Copyright Royalty Judge Program Technical
Corrections Act, Public Law 109–303, changed the
amount from $10,000 to $1,000.
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Commencement of Proceeding
Consistent with 17 U.S.C. 804(b)(8),
the Judges determine that a controversy
exists as to the distribution of the 2002,
2003, and 2004 DART Musical Works
Fund. We reach this determination, in
this instance, for two reasons. First, an
objection to the motion for partial
distribution was raised by a claimant
who participated in the September 27,
2006, hearing. Second, to date we have
not received notification that any
settlements have been reached for any of
these years, nor have we received
motions for final distribution.
The Judges are consolidating the
consideration of the distribution of the
2002, 2003, and 2004 DART Musical
Works Funds into a single proceeding
because the issues regarding the
distribution of the royalty fees are
similar, if not the same, for each year.
Moreover, due to the relatively low
amount of funds for each year,
consolidation provides a cost savings to
the parties and promotes administrative
efficiencies.
Petitions To Participate
Petitions to Participate must provide
all of the information required by 37
CFR 351.1(b)(2). Participants also must
identify by year each subfund in the
Musical Works Fund to which they are
asserting a claim to royalties. Petitions
to Participate submitted by interested
parties whose claims do not exceed
$1,000 3 must contain a statement that
the party will not seek a distribution of
more than $1,000. No filing fee is
required for these parties. Interested
parties with claims exceeding one
thousand dollars ($1,000), however,
must submit a filing fee of one hundred
and fifty dollars ($150) with their
Petition to Participate or it will be
rejected. 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 is returned for lack
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49709
of sufficient funds, the corresponding
Petition to Participate will be dismissed.
Further procedural matters, including
scheduling, will be addressed after
Petitions to Participate have been
received.
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 the party is an
individual who represents herself or
himself.
Dated: August 18, 2008.
James Scott Sledge,
Chief United States Copyright Royalty Judge.
[FR Doc. E8–19570 Filed 8–21–08; 8:45 am]
BILLING CODE 1410–72–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
National Archives and Records
Administration (NARA).
ACTION: Notice.
AGENCY:
SUMMARY: NARA is giving public notice
that the agency has submitted to OMB
for approval the information collection
described in this notice. The public is
invited to comment on the proposed
information collection pursuant to the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted to OMB at the address below
on or before September 22, 2008 to be
assured of consideration.
ADDRESSES: Send comments to Desk
Officer for NARA, Office of Management
and Budget, New Executive Office
Building, Washington, DC 20503; fax:
202–395–5167.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the proposed information
collection and supporting statement
should be directed to Tamee Fechhelm
at telephone number 301–837–1694 or
fax number 301–713–7409.
SUPPLEMENTARY INFORMATION: Pursuant
to the Paperwork Reduction Act of 1995
(Public Law 104–13), NARA invites the
general public and other Federal
agencies to comment on proposed
information collections. NARA
published a notice of proposed
collection for this information collection
on June 9, 2008 (73 FR 32604 and
32605). No comments were received.
NARA has submitted the described
information collection to OMB for
approval.
E:\FR\FM\22AUN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 164 (Friday, August 22, 2008)]
[Notices]
[Pages 49708-49709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19570]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2006-5 CRB DD 2002-2004]
Distribution of the 2002, 2003, and 2004 Digital Audio Recording
Technology Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice announcing commencement of proceeding with request for
Petitions to Participate.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges are announcing the commencement
of the proceeding to determine the distribution of the digital audio
recording technology royalty fees in the 2002, 2003, and 2004 Musical
Works Funds. The Judges are also announcing the date by which a party
who wishes to participate in this proceeding must file its Petition to
Participate and the accompanying $150 filing fee.
DATES: Petitions to Participate and the filing fee are due no later
than September 22, 2008.
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. 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, 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. Telephone: (202) 707-7658. Telefax: (202) 252-3423 or e-
mail at crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Audio Home Recording Act of 1992 (the ``AHRA''), Public Law
102-563, requires manufacturers and importers to pay royalties on
digital audio recording devices and media that are distributed in the
United States. 17 U.S.C. 1003. These royalties are deposited with the
Copyright Office for further distribution among interested copyright
parties by the Copyright Royalty Judges (``Judges''), provided that the
interested copyright parties file a claim with the Copyright Royalty
Board
[[Page 49709]]
each year during the months of January and February. 17 U.S.C. 1005,
1007.
The AHRA provides that the royalties are divided between two funds:
the Sound Recordings Fund and the Musical Works Fund. The Sound
Recordings Fund receives 66\2/3\% of the royalties and the Musical
Works Fund receives the remaining 33\1/3%\. These fees are allocated
further to specific subfunds.
The Sound Recordings Fund consists of four subfunds: the Featured
Artists Subfund, the Copyright Owners Subfund, the Nonfeatured
Musicians Subfund, and the Nonfeatured Vocalists Subfund. The royalty
fees allocated to the Sound Recordings Funds are divided among these
four subfunds according to the percentages set out in section 1006 of
the Copyright Act. 17 U.S.C. 1006(b)(1). Similarly, the statute
prescribes that the royalty fees allocated to the Musical Works Fund be
divided equally between two subfunds, the Publishers Subfund and the
Writers Subfund. 17 U.S.C. 1006(b)(2).
Distribution of these fees may occur in one of two ways. The
interested copyright parties within each subfund may either negotiate
the terms of a settlement as to the division of royalty funds,\1\ or
the Copyright Royalty Judges may conduct a proceeding to determine the
distribution of the royalties that remain in controversy in each
subfund. See 17 U.S.C. 1006(c).
---------------------------------------------------------------------------
\1\ For each of the claim years 2002, 2003, and 2004, the
interested copyright parties to the royalty fees in the Sound
Recordings Funds have negotiated a universal settlement agreement
among themselves as to the proportionate share that each party
receives from the subfunds; consequently, these funds have been
distributed.
---------------------------------------------------------------------------
On May 19, 2006, the Judges received a motion filed jointly by
Broadcast Music, Inc., the American Society of Composers, Authors and
Publishers, SESAC, Inc., and the Harry Fox Agency (hereinafter ``the
Settling Parties'') asking the Judges to authorize a partial
distribution of 95% of the 2002, 2003, and 2004 digital audio recording
technology (``DART'') Musical Works Funds. The Settling Parties sought
the distribution under 17 U.S.C. 801(b)(3)(A), which provides that
royalty fees not subject to controversy may be distributed by the
Judges. Subsequently, on September 27, 2006, the Judges held a hearing
on the motion; and after considering the views of the claimants
participating in the hearing, including an objection to the motion by
one claimant, the Judges granted the motion, finding that retention of
5% of the 2002, 2003, and 2004 DART Musical Works Funds would be
sufficient to resolve any potential controversies as to the
distribution of royalties. See Order in Docket No. 2006-5 CRB DD 2002-
2004 (October 2, 2006). The Judges also determined that it would begin
a proceeding to resolve any existing controversies as to the remaining
5% of the 2002, 2003, and 2004 DART Musical Works Funds.\2\ Id. Today's
notice commences that proceeding.
---------------------------------------------------------------------------
\2\ On July 1, 2008, the Settling Parties filed a motion
requesting commencement of the proceeding mentioned in the October
2, 2006, order.
---------------------------------------------------------------------------
Commencement of Proceeding
Consistent with 17 U.S.C. 804(b)(8), the Judges determine that a
controversy exists as to the distribution of the 2002, 2003, and 2004
DART Musical Works Fund. We reach this determination, in this instance,
for two reasons. First, an objection to the motion for partial
distribution was raised by a claimant who participated in the September
27, 2006, hearing. Second, to date we have not received notification
that any settlements have been reached for any of these years, nor have
we received motions for final distribution.
The Judges are consolidating the consideration of the distribution
of the 2002, 2003, and 2004 DART Musical Works Funds into a single
proceeding because the issues regarding the distribution of the royalty
fees are similar, if not the same, for each year. Moreover, due to the
relatively low amount of funds for each year, consolidation provides a
cost savings to the parties and promotes administrative efficiencies.
Petitions To Participate
Petitions to Participate must provide all of the information
required by 37 CFR 351.1(b)(2). Participants also must identify by year
each subfund in the Musical Works Fund to which they are asserting a
claim to royalties. Petitions to Participate submitted by interested
parties whose claims do not exceed $1,000 \3\ must contain a statement
that the party will not seek a distribution of more than $1,000. No
filing fee is required for these parties. Interested parties with
claims exceeding one thousand dollars ($1,000), however, must submit a
filing fee of one hundred and fifty dollars ($150) with their Petition
to Participate or it will be rejected. 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 is returned
for lack of sufficient funds, the corresponding Petition to Participate
will be dismissed.
---------------------------------------------------------------------------
\3\ The Copyright Royalty Judge Program Technical Corrections
Act, Public Law 109-303, changed the amount from $10,000 to $1,000.
---------------------------------------------------------------------------
Further procedural matters, including scheduling, will be addressed
after Petitions to Participate have been received.
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 the party is an individual who represents herself or
himself.
Dated: August 18, 2008.
James Scott Sledge,
Chief United States Copyright Royalty Judge.
[FR Doc. E8-19570 Filed 8-21-08; 8:45 am]
BILLING CODE 1410-72-P
