Distribution of the 2005, 2006, 2007 and 2008 Digital Audio Recording Technology Royalty Funds for the Musical Works Funds, 42764-42765 [2012-17680]

Download as PDF 42764 Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Notices a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service. Authority: This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission’s rules. Issued: July 16, 2012 By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. Unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. [FR Doc. 2012–17702 Filed 7–19–12; 8:45 am] BILLING CODE 7020–02–P INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–786] Certain Integrated Circuits, Chipsets, & Products Containing Same Including Televisions; Notice of Request for Statements on the Public Interest U.S. International Trade Commission. ACTION: Notice. AGENCY: Notice is hereby given that the presiding administrative law judge has issued a Final Initial Determination and Recommended Determination on Remedy and Bonding in the abovecaptioned investigation. The Commission is soliciting comments on public interest issues raised by the recommended relief, specifically a limited exclusion order against certain integrated circuits, chipsets, and products containing the same including televisions, imported by respondents MediaTek Inc. of Hsinchu City, Taiwan and Zoran Corporation of Sunnyvale, California. FOR FURTHER INFORMATION CONTACT: Megan M. Valentine, Office of the General Counsel, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 708–2301. The public version of the complaint can be accessed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205–2000. General information concerning the Commission may also be obtained by accessing its Internet server (http://www.usitc.gov). The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. Hearing-impaired persons are advised mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:18 Jul 19, 2012 Jkt 226001 that information on this matter can be obtained by contacting the Commission’s TDD terminal on (202) 205–1810. SUPPLEMENTARY INFORMATION: Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States: 19 U.S.C. 1337(d)(1). The Commission is interested in further development of the record on the public interest in these investigations. Accordingly, members of the public are invited to file submissions of no more than five (5) pages, inclusive of attachments, concerning the public interest in light of the administrative law judge’s Recommended Determination on Remedy and Bonding issued in this investigation on July 12, 2012. Comments should address whether issuance of a limited exclusion order in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the recommended orders are used in the United States; (ii) Identify any public health, safety, or welfare concerns in the United States relating to the recommended orders; (iii) Identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded; (iv) Indicate whether complainant, complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the recommended exclusion order and/or a cease and desist order within a commercially reasonable time; and (v) Explain how the limited exclusion order would impact consumers in the United States. Written submissions must be filed no later than by close of business on August 13, 2012. Persons filing written submissions must file the original document PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to section 210.4(f) of the Commission’s Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the investigation number (‘‘Inv. No. 337–TA–786’’) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, http://www.usitc.gov/ secretary/fed_reg_notices/rules/ handbook_on_electronic_filing.pdf). Persons with questions regarding filing should contact the Secretary (202–205– 2000). Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. A redacted nonconfidential version of the document must also be filed simultaneously with the any confidential filing. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS. This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of sections 201.10 and 210.50 of the Commission’s Rules of Practice and Procedure (19 CFR 201.10, 210.50). By order of the Commission. Lisa R. Barton, Acting Secretary to the Commission. [FR Doc. 2012–17700 Filed 7–19–12; 8:45 am] BILLING CODE 7020–02–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2010–8 CRB DD 2005–2008 (MW)] Distribution of the 2005, 2006, 2007 and 2008 Digital Audio Recording Technology Royalty Funds for the Musical Works Funds Copyright Royalty Board, Library of Congress. ACTION: Notice announcing commencement of proceeding with request for Petitions to Participate. AGENCY: The Copyright Royalty Judges are announcing the commencement of a proceeding to determine the distribution SUMMARY: E:\FR\FM\20JYN1.SGM 20JYN1 Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES of the digital audio recording technology royalty fees in the 2005, 2006, 2007 and 2008 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, if applicable. DATES: Petitions to Participate and the filing fee, if applicable, are due no later than August 20, 2012. 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, if applicable, 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, if applicable, 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, if applicable, 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 Keys, CRB Program Specialist. Telephone: (202) 707–7658. Telefax: (202) 252–3423 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: Background The Audio Home Recording Act of 1992 (‘‘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 to eligible claimants. 17 U.S.C. 1005, 1007. Royalties are divided into two funds: The Sound Recordings Fund (66 2⁄3%) and the Musical Works Fund (33 1⁄3%). These fees in turn are allocated to specific subfunds. 17 U.S.C. 1006(b). The Musical Works Fund, which is the VerDate Mar<15>2010 18:18 Jul 19, 2012 Jkt 226001 subject of this notice, is divided equally between 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 negotiate the terms of a settlement as to the division of royalty funds. If, after any such agreements, funds remain in dispute, the Copyright Royalty Judges may conduct a proceeding to determine the distribution of the royalties that remain in controversy in each subfund. 17 U.S.C. 1006(c) & 1007(c). On April 14, 2011, the Judges issued an order granting certain claimants’ (i.e., Broadcast Music, Inc., the American Society of Composers, Authors and Publishers, SESAC, Inc., and the Harry Fox Agency, Inc.) request for 95% of Digital Audio Recording Technology (‘‘DART’’) musical works royalty funds for 2005 through 2008. Order Granting Claimants’ Request for Partial Distribution of 2005 through 2008 DART Musical Works Funds Royalties, Docket No. 2010–8 CRB DD 2005–2008 (MW). In that order the Judges stated that the claimants did not represent that the requested fees were not subject to controversy. Moreover, the Judges have not received any motions for final distribution with respect to the remaining royalties. Therefore, the Judges determine that a controversy exists with respect to some or all of the remaining DART Musical Works Funds Royalties for 2005 through 2008. Today’s notice commences a proceeding to determine the proper distribution of those remaining funds. Commencement of Proceeding Consistent with 17 U.S.C. 804(b)(8), the Judges determine that, for the reasons stated above, a controversy exists with respect to the distribution of the remaining 2005, 2006, 2007 and 2008 DART Musical Works Funds Royalties. The Judges are consolidating the consideration of the distribution of the 2005, 2006, 2007 and 2004 DART Musical Works Funds into a single proceeding because they anticipate that the parties involved and the issues regarding the distribution of the royalty fees will be similar, if not the same, for each year. Moreover, due to the relatively small 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), which is available at http://www.loc.gov/cgi-bin/ formprocessor/crb/cfr- PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 42765 crb.pl?&urlmiddle =1.0.3.9.4.0.177.1&part= 351&section=1&prev=&next=2. Participants also must identify by year each subfund in the Musical Works Fund to which they are asserting a claim to royalties (i.e., Music Publishers or Writers, or both). Petitions to Participate submitted by interested parties whose claims do not exceed $1,000 1 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 $1,000, however, must submit a filing fee of $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. In accordance with 37 CFR 350.2 (Representation), only attorneys who are members of the bar in one or more states or the District of Columbia and in good standing will be allowed to represent parties before the Copyright Royalty Judges. Any party that is an individual may represent herself or himself. Further procedural matters, including scheduling, will be addressed after Petitions to Participate have been filed. Dated: July 16, 2012. William J. Roberts, Jr., Copyright Royalty Judge. [FR Doc. 2012–17680 Filed 7–19–12; 8:45 am] BILLING CODE 1410–72–P OFFICE OF MANAGEMENT AND BUDGET Request of the U.S. Intellectual Property Enforcement Coordinator for Public Comments: Development of the Joint Strategic Plan on Intellectual Property Enforcement Office of the U.S. Intellectual Property Enforcement Coordinator, Executive Office of the President. ACTION: Request for written submissions from the public; Extension of comment period. AGENCY: The Federal Government is starting the process of developing a new Joint Strategic Plan on Intellectual Property Enforcement. By committing to common goals, the U.S. Government will more effectively and efficiently combat intellectual property SUMMARY: 1 The Copyright Royalty Judge Program Technical Corrections Act, Public Law 109–303, changed the amount from $10,000 to $1,000. E:\FR\FM\20JYN1.SGM 20JYN1

Agencies

[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Notices]
[Pages 42764-42765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17680]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2010-8 CRB DD 2005-2008 (MW)]


Distribution of the 2005, 2006, 2007 and 2008 Digital Audio 
Recording Technology Royalty Funds for the Musical Works Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice announcing commencement of 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 distribution

[[Page 42765]]

of the digital audio recording technology royalty fees in the 2005, 
2006, 2007 and 2008 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, if applicable.

DATES: Petitions to Participate and the filing fee, if applicable, are 
due no later than August 20, 2012.

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, if applicable, 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, if applicable, 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, if applicable, 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 Keys, CRB Program Specialist. 
Telephone: (202) 707-7658. Telefax: (202) 252-3423 or email at 
crb@loc.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Audio Home Recording Act of 1992 (``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 to eligible claimants. 17 
U.S.C. 1005, 1007. Royalties are divided into two funds: The Sound 
Recordings Fund (66 \2/3\%) and the Musical Works Fund (33 \1/3\%). 
These fees in turn are allocated to specific subfunds. 17 U.S.C. 
1006(b). The Musical Works Fund, which is the subject of this notice, 
is divided equally between 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 negotiate the 
terms of a settlement as to the division of royalty funds. If, after 
any such agreements, funds remain in dispute, the Copyright Royalty 
Judges may conduct a proceeding to determine the distribution of the 
royalties that remain in controversy in each subfund. 17 U.S.C. 1006(c) 
& 1007(c).
    On April 14, 2011, the Judges issued an order granting certain 
claimants' (i.e., Broadcast Music, Inc., the American Society of 
Composers, Authors and Publishers, SESAC, Inc., and the Harry Fox 
Agency, Inc.) request for 95% of Digital Audio Recording Technology 
(``DART'') musical works royalty funds for 2005 through 2008. Order 
Granting Claimants' Request for Partial Distribution of 2005 through 
2008 DART Musical Works Funds Royalties, Docket No. 2010-8 CRB DD 2005-
2008 (MW). In that order the Judges stated that the claimants did not 
represent that the requested fees were not subject to controversy. 
Moreover, the Judges have not received any motions for final 
distribution with respect to the remaining royalties. Therefore, the 
Judges determine that a controversy exists with respect to some or all 
of the remaining DART Musical Works Funds Royalties for 2005 through 
2008. Today's notice commences a proceeding to determine the proper 
distribution of those remaining funds.

Commencement of Proceeding

    Consistent with 17 U.S.C. 804(b)(8), the Judges determine that, for 
the reasons stated above, a controversy exists with respect to the 
distribution of the remaining 2005, 2006, 2007 and 2008 DART Musical 
Works Funds Royalties. The Judges are consolidating the consideration 
of the distribution of the 2005, 2006, 2007 and 2004 DART Musical Works 
Funds into a single proceeding because they anticipate that the parties 
involved and the issues regarding the distribution of the royalty fees 
will be similar, if not the same, for each year. Moreover, due to the 
relatively small 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), which is available at http://www.loc.gov/cgi-bin/formprocessor/crb/cfr-crb.pl?&urlmiddle=1.0.3.9.4.0.177.1&part=351§ion=1&prev=&next=2. 
Participants also must identify by year each subfund in the Musical 
Works Fund to which they are asserting a claim to royalties (i.e., 
Music Publishers or Writers, or both). Petitions to Participate 
submitted by interested parties whose claims do not exceed $1,000 \1\ 
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 $1,000, however, must submit a 
filing fee of $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. In 
accordance with 37 CFR 350.2 (Representation), only attorneys who are 
members of the bar in one or more states or the District of Columbia 
and in good standing will be allowed to represent parties before the 
Copyright Royalty Judges. Any party that is an individual may represent 
herself or himself. Further procedural matters, including scheduling, 
will be addressed after Petitions to Participate have been filed.
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    \1\ The Copyright Royalty Judge Program Technical Corrections 
Act, Public Law 109-303, changed the amount from $10,000 to $1,000.

    Dated: July 16, 2012.
William J. Roberts, Jr.,
Copyright Royalty Judge.
[FR Doc. 2012-17680 Filed 7-19-12; 8:45 am]
BILLING CODE 1410-72-P