Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service, 3666-3668 [2010-1172]
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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules
the public interest to continue this
proceeding and it hereby gives notice of
its termination.
By direction of the Commission.
Donald S. Clark,
Secretary.
Form and Manner of New Broker
Reporting Requirements’’, last line of the
first paragraph of the column, the
language ‘‘pub/irs-dft/f1099k-dft.pdf.’’ is
corrected to read ‘‘pub/irs-dft/f1099b-dft.pdf.’’.
[FR Doc. 2010–1041 Filed 1–21–10: 8:45 am]
§ 1.6045–1
BILLING CODE 6750–01–S
2. On page 67035, column 2,
paragraph (f)(2)(i), lines 6 thru 8, the
language ‘‘shall show on Form 1099,
‘‘U.S. Information Return for Calendar
Year 1971,’’ or any successor form the
name,’’ is corrected to read ‘‘shall show
on Form 1099–B, ‘‘Proceeds from Broker
and Barter Exchange Transactions,’’ or
any successor form the name’’.
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–101896–09]
RIN 1545–BI66
Basis Reporting by Securities Brokers
and Basis Determination for Stock;
Correction
[Corrected]
Guy R. Traynor,
Acting Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel (Procedure and
Administration).
[FR Doc. 2010–1122 Filed 1–21–10; 8:45 am]
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to a notice of
proposed rulemaking.
BILLING CODE 4830–01–P
SUMMARY: This document contains
corrections to a notice of proposed
rulemaking that was published in the
Federal Register on Thursday,
December 17, 2009, relating to reporting
sales of securities by brokers and
determining the basis of securities.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations
under section 1012, Edward C.
Schwartz, (202) 622–4960; Concerning
the proposed regulations under sections
3406, 6045, 6045A, 6045B, 6721, and
6722, Stephen Schaeffer, (202) 622–
4910 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Copyright Royalty Board
AGENCY:
Background
A notice of proposed rulemaking that
is the subject of this document is under
sections 408, 1012, 6039, 6042, 6044,
6045, 6045A, 6045B and 6049 of the
Internal Revenue Code.
Need for Correction
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As published, a notice of proposed
rulemaking (REG–101896–09),
published Thursday, December 17, 2009
(74 FR 67010), contains errors that may
prove to be misleading and are in need
of clarification.
Correction of Publication
Accordingly, the publication of a
notice of proposed rulemaking (REG–
101896–09), which was the subject of
FR Doc. E9–29855, is corrected as
follows:
1. On page 67013, column 3, in the
preamble, under paragraph heading ‘‘a.
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LIBRARY OF CONGRESS
37 CFR Part 383
[Docket No. 2009–2 CRB New Subscription
II]
Digital Performance Right in Sound
Recordings and Ephemeral
Recordings for a New Subscription
Service
AGENCY: Copyright Royalty Board,
Library of Congress.
ACTION: Proposed rule.
SUMMARY: The Copyright Royalty Judges
are publishing for comment proposed
regulations that set the rates and terms
for the use of sound recordings in
transmissions made by new
subscription services and for the making
of ephemeral recordings necessary for
the facilitation of such transmissions for
the period commencing January 1, 2011,
and ending on December 31, 2015.
DATES: Comments and objections, if any,
are due by no later than February 22,
2010.
Comments and objections
may be sent electronically to
crb@loc.gov. In the alternative, send an
original, five copies and an electronic
copy on a CD either by mail or hand
delivery. Please do not use multiple
means of transmission. Comments and
objections may not be delivered by an
overnight delivery service other than
U.S. Postal Service Express Mail. If by
mail (including overnight delivery),
comments and objections must be
ADDRESSES:
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addressed to: Copyright Royalty Board,
P.O. Box 70977, Washington, DC 20024–
0977. If hand delivered by a private
party, comments and objections must be
brought to the Copyright Office Public
Information Office, Library of Congress,
James Madison Memorial Building,
Room LM–401, 101 Independence
Avenue, SE., Washington, DC 20559–
6000, between 8:30 a.m. and 5 p.m. If
delivered by commercial courier,
comments and objections 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, and the envelope must
be addressed as follows: 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:
Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by
telephone at (202) 707–7658 or by email at crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 114(f)(2)(C) of the Copyright
Act, title 17 of the United States Code,
allows a new type of eligible
nonsubscription service or a new
subscription service on which sound
recordings are performed that is or is
about to become operational to file a
petition with the Copyright Royalty
Judges (‘‘Judges’’) for the purpose of
determining reasonable terms and rates.
17 U.S.C. 114(f)(2)(C). Section 112(e)
allows the making of ephemeral
reproductions for the purpose of
facilitating certain digital audio
transmissions, including those made by
new subscription services. 17 U.S.C.
112(e). Upon receipt of a petition filed
pursuant to section 114(f)(2)(C), the
Judges are required to commence a
proceeding to determine said reasonable
terms and rates. 17 U.S.C.
804(b)(3)(C)(ii). The Judges have
conducted one proceeding pursuant to
these provisions. See 70 FR 72471,
72472 (December 5, 2005) (after receipt
of petition, commencing proceeding to
determine rates and terms for a new
type of subscription service that
‘‘performs sound recordings on digital
audio channels programmed by the
licensee for transmission by a satellite
television distribution service to its
residential customers, where the audio
channels are bundled with television
channels as part of a ‘basic’ package of
service and not for a separate fee’’). The
parties to that proceeding ultimately
reached an agreement on the rates and
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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules
terms for the new subscription service at
issue; and the Judges, after public
comment, adopted the settlement as
final regulations.1 See 72 FR 72253
(December 20, 2007). The current rates
expire on December 31, 2010.
Pursuant to section 803(b)(1)(A)(i)(III)
of the Copyright Act, the Judges,
published in the Federal Register a
notice commencing the rate
determination proceeding for the license
period 2011–2015 for the new
subscription service defined in
§ 383.2(h) and requesting interested
parties to submit their petitions to
participate. See 74 FR 319 (January 5,
2009). Petitions to Participate in this
proceeding were received from
SoundExchange, Inc.; Royalty Logic,
LLC (‘‘RLI’’); and Sirius XM Radio Inc.
(‘‘Sirius XM’’).
The Judges set the timetable for the
three-month negotiation period, see 17
U.S.C. 803(b)(3), and directed the
participants to submit their written
direct statements no later than
September 29, 2009. On September 22,
2009, the Judges received a joint motion
from all parties to stay the filing of the
written direct statements in light of the
parties reaching a settlement which they
intended to submit to the Judges for
adoption. On September 23, 2009, the
Judges issued an order extending the
deadline for the filing of written direct
statements to October 29, 2009. See
Order on Extending Deadline to File
Written Direct Statements, Docket No.
2009–2 CRB New Subscription II
(September 23, 2009). SoundExchange
and Sirius XM submitted the settlement
to the Judges on October 21, 2009.2
Section 801(b)(7)(A) allows for the
adoption of rates and terms negotiated
by ‘‘some or all of the participants in a
proceeding at any time during the
proceeding’’ provided they are
submitted to the Copyright Royalty
Judges for approval. This section
provides that in such event:
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• The Copyright Royalty Judges shall
provide to those that would be bound by the
terms, rates, or other determination set by
any agreement in a proceeding to determine
royalty rates an opportunity to comment on
the agreement and shall provide to
participants in the proceeding under section
803(b)(2) that would be bound by the terms,
rates, or other determination set by the
agreement an opportunity to comment on the
1 The new subscription service is defined at 37
CFR 383.2(h).
2 SoundExchange and Sirius XM also moved that
the Judges stay further proceedings until the
settlement process under 17 U.S.C. 801(b)(7)(A) has
been completed. They noted that RLI, the only other
participant to the proceeding, joins in the request
for stay. The Judges granted the motion. See Order
on Joint Motion to Stay, Docket No. 2009–2 CRB
New Subscription II (October 28, 2009).
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14:42 Jan 21, 2010
Jkt 220001
agreement and object to its adoption as a
basis for statutory terms and rates; and
• The Copyright Royalty Judges may
decline to adopt the agreement as a basis for
statutory terms and rates for participants that
are not parties to the agreement, if any
participant described in clause (i) objects to
the agreement and the Copyright Royalty
Judges conclude, based on the record before
them if one exists, that the agreement does
not provide a reasonable basis for setting
statutory terms or rates.
17 U.S.C. 801(b)(7)(A). Rates and terms
adopted pursuant to this provision are
binding on all copyright owners of
sound recordings and new subscription
services performing the sound
recordings on digital audio channels
programmed by the licensee for
transmission by a cable or satellite
television distribution service to its
residential customers where the audio
channels are bundled with television
channels as part of a ‘‘basic’’ package of
service and not for a separate fee. See 37
CFR 383.2(h).
As noted above, the public may
comment and object to any or all of the
proposed regulations contained in this
notice of proposed rulemaking. Such
comments and objections must be
submitted no later than February 22,
2010.
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4. Amend § 383.3 as follows:
a. In paragraph (a) introductory text,
by removing ‘‘112’’ and adding in its
place ‘‘112(e)’’ and by adding ‘‘during the
License Period,’’ after ‘‘such
transmissions,’’;
b. In paragraph (a)(1)(ii)(E), by
removing ‘‘and’’;
c. By adding new paragraphs
(a)(1)(ii)(F) through (J);
d. In paragraph (a)(2)(ii)(E), by
removing ‘‘and’’;
e. By adding new paragraphs
(a)(2)(ii)(F) through (J);
f. In paragraph (b), by removing ‘‘112’’
and adding in its place ‘‘112(e)’’; and
g. By adding a new paragraph (c).
The additions to § 383.3 read as
follows:
§ 383.3 Royalty fees for public
performances of sound recordings and the
making of ephemeral recordings.
PART 383—RATES AND TERMS FOR
SUBSCRIPTION TRANSMISSIONS AND
THE REPRODUCTION OF EPHEMERAL
RECORDINGS BY NEW
SUBSCRIPTION SERVICES
(a) * * *
(1) * * *
(ii) * * *
(F) 2011: $0.0155
(G) 2012: $0.0159
(H) 2013: $0.0164
(I) 2014: $0.0169
(J) 2015: $0.0174 and
(2) * * *
(ii) * * *
(F) 2011: $0.0258
(G) 2012: $0.0265
(H) 2013: $0.0273
(I) 2014: $0.0281
(J) 2015: $0.0290
*
*
*
*
*
(c) Ephemeral recordings. The royalty
payable under 17 U.S.C. 112(e) for the
making of phonorecords used by the
Licensee solely to facilitate
transmissions during the License Period
for which it pays royalties as and when
provided in this part shall be included
within, and constitute 5% of, such
royalty payments.
5. Revise § 383.4 to read as follows:
1. The authority citation for part 383
continues to read as follows:
§ 383.4 Terms for making payment of
royalty fees.
Authority: 17 U.S.C. 112(e), 114, and
801(b)(1).
(a) Terms in general. Subject to the
provisions of this section, terms
governing timing and due dates of
royalty payments to the Collective, late
fees, statements of account, audit and
verification of royalty payments and
distributions, cost of audit and
verification, record retention
requirements, treatment of Licensees’
confidential information, distribution of
royalties by the Collective, unclaimed
funds, designation of the Collective, and
any definitions for applicable terms not
defined herein and not otherwise
inapplicable shall be those adopted by
the Copyright Royalty Judges for
subscription transmissions and the
List of Subjects in 37 CFR Part 383
Copyright, Digital audio
transmissions, Performance right, Sound
recordings.
Proposed Regulation
For the reasons set forth in the
preamble, the Copyright Royalty Judges
propose to amend 37 CFR part 383 as
follows:
§ 383.1
[Amended]
2. Amend § 383.1 as follows:
a. In paragraph (a), by removing
‘‘2010’’ and adding in its place ‘‘2015’’;
and
b. In paragraph (b), by removing ‘‘112’’
and adding in its place ‘‘112(e)’’.
§ 383.2
[Amended]
3. Amend § 383.2 as follows:
a. In paragraph (d), by removing
‘‘2010’’ and adding in its place ‘‘2015’’;
and
b. In paragraph (e), by removing ‘‘112’’
and adding in its place ‘‘112(e)’’.
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3668
Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules
reproduction of ephemeral recordings
by preexisting satellite digital audio
radio services in 37 CFR part 382,
subpart B of this chapter, for the license
period 2007–2012. For purposes of this
section, the term ‘‘Collective’’ refers to
the collection and distribution
organization that is designated by the
Copyright Royalty Judges. For the
License Period through 2015, the sole
Collective is SoundExchange, Inc.
(b) Reporting of performances.
Without prejudice to any applicable
notice and recordkeeping provisions,
statements of account shall not require
reports of performances.
(c) Applicable regulations. To the
extent not inconsistent with this part,
all applicable regulations, including
part 370 of this chapter, shall apply to
activities subject to this part.
Dated: January 15, 2010.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010–1172 Filed 1–21–10; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2005–OH–0003; FRL–
9105–7]
Conditional Approval and
Promulgation of State Implementation
Plans; Ohio; Carbon Monoxide and
Volatile Organic Compounds
erowe on DSK5CLS3C1PROD with PROPOSALS-1
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
SUMMARY: EPA is proposing a variety of
actions regarding revisions to Ohio
Administrative Code (OAC) 3745–21
(Carbon Monoxide, Photochemically
Reactive Materials, Hydrocarbons, and
related Materials Standards). EPA is
proposing the following actions: To
approve into the State Implementation
Plan (SIP) certain regulation revisions
within OAC 3745–21 which have been
adopted by the State; to disapprove a
regulation revision pertaining to high
performance architectural coatings; to
conditionally approve a revision of
paragraph (BBB)(1) of OAC 3745–21–09,
if the State gives EPA a letter that
commits to address noted deficiencies
no later than one year from the expected
date of EPA’s conditional approval; to
take no action on certain regulation
revisions, and to provide notice that
EPA and Ohio have created a path
forward for facilities operating under
previously issued alternate VOC limit
VerDate Nov<24>2008
14:42 Jan 21, 2010
Jkt 220001
and emission control exemptions for
miscellaneous metal coating operations
under OAC 3745–21–09(U)(2)(f). This
action addresses revisions to OAC
3745–21 in a set of submittals dated
October 9, 2000, February 6, 2000, and
August 3, 2001; and also addresses
revisions to OAC 3745–21, submitted on
June 24, 2003, as part of Ohio’s five-year
rule review process.
DATES: Comments must be received on
or before February 22, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2005–OH–003, by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 886–5824.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m. excluding Federal
holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2005–
OH–003. EPA’s policy is that all
comments received will be included in
the public docket without change and
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through https://
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
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submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of this document.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Environmental Protection Agency,
Region 5, Air and Radiation Division, 77
West Jackson Boulevard, Chicago,
Illinois 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. We recommend that you
telephone Anthony Maietta, Life
Scientist, at (312) 353–8777 before
visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT:
Anthony J. Maietta, Life Scientist, U.S.
Environmental Protection Agency,
Region 5, Air and Radiation Division
(AR–18J), Air Programs Branch, Criteria
Pollutant Section, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
(312) 353–8777;
maietta.anthony@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, wherever
‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean
EPA.
Table of Contents
I. What should I consider as I prepare my
comments for EPA?
II. 2000/2001 Submittals
A. Review of the State’s Submittals
1. What rule revisions does the State want
approved into the SIP, and are these rule
revisions approvable?
2. What is EPA’s view of the sourcespecific miscellaneous metal coating
submittal currently before EPA?
III. Five-Year Rule Review
A. Background
1. Why has the State requested revisions to
this rule?
2. When did the State submit the requested
rule revisions to EPA?
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]]>Agencies
[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Proposed Rules]
[Pages 3666-3668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1172]
=======================================================================
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 383
[Docket No. 2009-2 CRB New Subscription II]
Digital Performance Right in Sound Recordings and Ephemeral
Recordings for a New Subscription Service
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Proposed rule.
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SUMMARY: The Copyright Royalty Judges are publishing for comment
proposed regulations that set the rates and terms for the use of sound
recordings in transmissions made by new subscription services and for
the making of ephemeral recordings necessary for the facilitation of
such transmissions for the period commencing January 1, 2011, and
ending on December 31, 2015.
DATES: Comments and objections, if any, are due by no later than
February 22, 2010.
ADDRESSES: Comments and objections may be sent electronically to
crb@loc.gov. In the alternative, send an original, five copies and an
electronic copy on a CD either by mail or hand delivery. Please do not
use multiple means of transmission. Comments and objections may not be
delivered by an overnight delivery service other than U.S. Postal
Service Express Mail. If by mail (including overnight delivery),
comments and objections must be addressed to: Copyright Royalty Board,
P.O. Box 70977, Washington, DC 20024-0977. If hand delivered by a
private party, comments and objections must be brought to the Copyright
Office Public Information Office, Library of Congress, James Madison
Memorial Building, Room LM-401, 101 Independence Avenue, SE.,
Washington, DC 20559-6000, between 8:30 a.m. and 5 p.m. If delivered by
commercial courier, comments and objections 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, and the envelope must
be addressed as follows: 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: Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or by
e-mail at crb@loc.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 114(f)(2)(C) of the Copyright Act, title 17 of the United
States Code, allows a new type of eligible nonsubscription service or a
new subscription service on which sound recordings are performed that
is or is about to become operational to file a petition with the
Copyright Royalty Judges (``Judges'') for the purpose of determining
reasonable terms and rates. 17 U.S.C. 114(f)(2)(C). Section 112(e)
allows the making of ephemeral reproductions for the purpose of
facilitating certain digital audio transmissions, including those made
by new subscription services. 17 U.S.C. 112(e). Upon receipt of a
petition filed pursuant to section 114(f)(2)(C), the Judges are
required to commence a proceeding to determine said reasonable terms
and rates. 17 U.S.C. 804(b)(3)(C)(ii). The Judges have conducted one
proceeding pursuant to these provisions. See 70 FR 72471, 72472
(December 5, 2005) (after receipt of petition, commencing proceeding to
determine rates and terms for a new type of subscription service that
``performs sound recordings on digital audio channels programmed by the
licensee for transmission by a satellite television distribution
service to its residential customers, where the audio channels are
bundled with television channels as part of a `basic' package of
service and not for a separate fee''). The parties to that proceeding
ultimately reached an agreement on the rates and
[[Page 3667]]
terms for the new subscription service at issue; and the Judges, after
public comment, adopted the settlement as final regulations.\1\ See 72
FR 72253 (December 20, 2007). The current rates expire on December 31,
2010.
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\1\ The new subscription service is defined at 37 CFR 383.2(h).
---------------------------------------------------------------------------
Pursuant to section 803(b)(1)(A)(i)(III) of the Copyright Act, the
Judges, published in the Federal Register a notice commencing the rate
determination proceeding for the license period 2011-2015 for the new
subscription service defined in Sec. 383.2(h) and requesting
interested parties to submit their petitions to participate. See 74 FR
319 (January 5, 2009). Petitions to Participate in this proceeding were
received from SoundExchange, Inc.; Royalty Logic, LLC (``RLI''); and
Sirius XM Radio Inc. (``Sirius XM'').
The Judges set the timetable for the three-month negotiation
period, see 17 U.S.C. 803(b)(3), and directed the participants to
submit their written direct statements no later than September 29,
2009. On September 22, 2009, the Judges received a joint motion from
all parties to stay the filing of the written direct statements in
light of the parties reaching a settlement which they intended to
submit to the Judges for adoption. On September 23, 2009, the Judges
issued an order extending the deadline for the filing of written direct
statements to October 29, 2009. See Order on Extending Deadline to File
Written Direct Statements, Docket No. 2009-2 CRB New Subscription II
(September 23, 2009). SoundExchange and Sirius XM submitted the
settlement to the Judges on October 21, 2009.\2\
---------------------------------------------------------------------------
\2\ SoundExchange and Sirius XM also moved that the Judges stay
further proceedings until the settlement process under 17 U.S.C.
801(b)(7)(A) has been completed. They noted that RLI, the only other
participant to the proceeding, joins in the request for stay. The
Judges granted the motion. See Order on Joint Motion to Stay, Docket
No. 2009-2 CRB New Subscription II (October 28, 2009).
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Section 801(b)(7)(A) allows for the adoption of rates and terms
negotiated by ``some or all of the participants in a proceeding at any
time during the proceeding'' provided they are submitted to the
Copyright Royalty Judges for approval. This section provides that in
such event:
The Copyright Royalty Judges shall provide to those
that would be bound by the terms, rates, or other determination set
by any agreement in a proceeding to determine royalty rates an
opportunity to comment on the agreement and shall provide to
participants in the proceeding under section 803(b)(2) that would be
bound by the terms, rates, or other determination set by the
agreement an opportunity to comment on the agreement and object to
its adoption as a basis for statutory terms and rates; and
The Copyright Royalty Judges may decline to adopt the
agreement as a basis for statutory terms and rates for participants
that are not parties to the agreement, if any participant described
in clause (i) objects to the agreement and the Copyright Royalty
Judges conclude, based on the record before them if one exists, that
the agreement does not provide a reasonable basis for setting
statutory terms or rates.
17 U.S.C. 801(b)(7)(A). Rates and terms adopted pursuant to this
provision are binding on all copyright owners of sound recordings and
new subscription services performing the sound recordings on digital
audio channels programmed by the licensee for transmission by a cable
or satellite television distribution service to its residential
customers where the audio channels are bundled with television channels
as part of a ``basic'' package of service and not for a separate fee.
See 37 CFR 383.2(h).
As noted above, the public may comment and object to any or all of
the proposed regulations contained in this notice of proposed
rulemaking. Such comments and objections must be submitted no later
than February 22, 2010.
List of Subjects in 37 CFR Part 383
Copyright, Digital audio transmissions, Performance right, Sound
recordings.
Proposed Regulation
For the reasons set forth in the preamble, the Copyright Royalty
Judges propose to amend 37 CFR part 383 as follows:
PART 383--RATES AND TERMS FOR SUBSCRIPTION TRANSMISSIONS AND THE
REPRODUCTION OF EPHEMERAL RECORDINGS BY NEW SUBSCRIPTION SERVICES
1. The authority citation for part 383 continues to read as
follows:
Authority: 17 U.S.C. 112(e), 114, and 801(b)(1).
Sec. 383.1 [Amended]
2. Amend Sec. 383.1 as follows:
a. In paragraph (a), by removing ``2010'' and adding in its place
``2015''; and
b. In paragraph (b), by removing ``112'' and adding in its place
``112(e)''.
Sec. 383.2 [Amended]
3. Amend Sec. 383.2 as follows:
a. In paragraph (d), by removing ``2010'' and adding in its place
``2015''; and
b. In paragraph (e), by removing ``112'' and adding in its place
``112(e)''.
4. Amend Sec. 383.3 as follows:
a. In paragraph (a) introductory text, by removing ``112'' and
adding in its place ``112(e)'' and by adding ``during the License
Period,'' after ``such transmissions,'';
b. In paragraph (a)(1)(ii)(E), by removing ``and'';
c. By adding new paragraphs (a)(1)(ii)(F) through (J);
d. In paragraph (a)(2)(ii)(E), by removing ``and'';
e. By adding new paragraphs (a)(2)(ii)(F) through (J);
f. In paragraph (b), by removing ``112'' and adding in its place
``112(e)''; and
g. By adding a new paragraph (c).
The additions to Sec. 383.3 read as follows:
Sec. 383.3 Royalty fees for public performances of sound recordings
and the making of ephemeral recordings.
(a) * * *
(1) * * *
(ii) * * *
(F) 2011: $0.0155
(G) 2012: $0.0159
(H) 2013: $0.0164
(I) 2014: $0.0169
(J) 2015: $0.0174 and
(2) * * *
(ii) * * *
(F) 2011: $0.0258
(G) 2012: $0.0265
(H) 2013: $0.0273
(I) 2014: $0.0281
(J) 2015: $0.0290
* * * * *
(c) Ephemeral recordings. The royalty payable under 17 U.S.C.
112(e) for the making of phonorecords used by the Licensee solely to
facilitate transmissions during the License Period for which it pays
royalties as and when provided in this part shall be included within,
and constitute 5% of, such royalty payments.
5. Revise Sec. 383.4 to read as follows:
Sec. 383.4 Terms for making payment of royalty fees.
(a) Terms in general. Subject to the provisions of this section,
terms governing timing and due dates of royalty payments to the
Collective, late fees, statements of account, audit and verification of
royalty payments and distributions, cost of audit and verification,
record retention requirements, treatment of Licensees' confidential
information, distribution of royalties by the Collective, unclaimed
funds, designation of the Collective, and any definitions for
applicable terms not defined herein and not otherwise inapplicable
shall be those adopted by the Copyright Royalty Judges for subscription
transmissions and the
[[Page 3668]]
reproduction of ephemeral recordings by preexisting satellite digital
audio radio services in 37 CFR part 382, subpart B of this chapter, for
the license period 2007-2012. For purposes of this section, the term
``Collective'' refers to the collection and distribution organization
that is designated by the Copyright Royalty Judges. For the License
Period through 2015, the sole Collective is SoundExchange, Inc.
(b) Reporting of performances. Without prejudice to any applicable
notice and recordkeeping provisions, statements of account shall not
require reports of performances.
(c) Applicable regulations. To the extent not inconsistent with
this part, all applicable regulations, including part 370 of this
chapter, shall apply to activities subject to this part.
Dated: January 15, 2010.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2010-1172 Filed 1-21-10; 8:45 am]
BILLING CODE 1410-72-P
