Distribution of the 2010 Cable Royalty Funds, 46527 [2012-18930]

Download as PDF Federal Register / Vol. 77, No. 150 / Friday, August 3, 2012 / Notices LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2012–4 CRB CD 2010] Distribution of the 2010 Cable Royalty Funds Copyright Royalty Board, Library of Congress. ACTION: Notice requesting comments. AGENCY: The Copyright Royalty Judges are soliciting comments on a motion of Phase I claimants for partial distribution in connection with the 2010 cable royalty funds. The Judges are also requesting comments as to the existence of Phase I and Phase II controversies with respect to the distribution of 2010 cable royalty funds. DATES: Comments are due on or before September 4, 2012. ADDRESSES: Comments 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 may not be delivered by an overnight delivery service other than the U.S. Postal Service Express Mail. If by mail (including overnight delivery), comments must be addressed to: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024–0977. If hand delivered by a private party, comments 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, comments 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, Program Specialist, by telephone at (202) 707–7658 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: Each year cable systems must submit royalty payments to the Register of Copyrights as required by the statutory license set forth in section 111 of the Copyright Act for the retransmission to cable subscribers of over-the-air television and radio broadcast signals. See 17 U.S.C. 111(d). These royalties are then distributed to copyright owners whose works were included in a qualifying transmission and who timely filed a TKELLEY on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:33 Aug 02, 2012 Jkt 226001 claim for royalties. Allocation of the royalties collected occurs in one of two ways. In the first instance, these funds will be distributed through a negotiated settlement among the parties. 17 U.S.C. 111(d)(4)(A). If the claimants do not reach an agreement with respect to the royalties, the Copyright Royalty Judges (‘‘Judges’’) must conduct a proceeding to determine the distribution of any royalties that remain in controversy. 17 U.S.C. 111(d)(4)(B). On June 20, 2012, representatives of the Phase I claimant categories (the ‘‘Phase I Parties’’) 1 filed with the Judges a motion requesting a partial distribution of 50% of the 2010 cable royalty funds pursuant to Section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 801(b)(3)(C). Under that section of the Copyright Act, before ruling on a partial distribution motion the Judges must publish a notice in the Federal Register seeking responses to the motion to ascertain whether any claimant entitled to receive such royalty fees has a reasonable objection to the proposed distribution. Consequently, this Notice seeks comments from interested claimants on whether any reasonable objection exists that would preclude the distribution of 50% of the 2010 cable royalty funds to the Phase I Parties. The Judges must be advised of the existence and extent of all such objections by the end of the comment period. The Judges will not consider any objections with respect to the partial distribution motion that come to their attention after the close of that period. The Judges also seek comment on the existence and extent of any controversies to the 2010 cable royalty funds at Phase I or Phase II with respect to those funds that would remain if the partial distribution is granted. The Motion of Phase I Claimants for Partial Distribution is posted on the Copyright Royalty Board Web site at http://www.loc.gov/crb. 46527 Dated: July 30, 2012. Suzanne Barnett, Chief U.S. Copyright Royalty Judge. [FR Doc. 2012–18930 Filed 8–2–12; 8:45 am] BILLING CODE 1410–72–P MERIT SYSTEMS PROTECTION BOARD Agency Information Collection Activities; Proposed Collection AGENCY: Merit Systems Protection Board. ACTION: Notice. In compliance with the Paperwork Reduction Act (PRA), the U.S. Merit Systems Protection Board (MSPB) is submitting a request for a three-year extension of an Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and approval. This ICR describes the nature of the information collection and its estimated burden and cost. DATE: Submit written comments on or before September 4, 2012. ADDRESSES: Submit your comments concerning this ICR by one of the following methods: Mail: Attention: Desk Officer for MSPB, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10235, Washington, DC 20503. Email: OIRA_Submission@OMB.EOP.GOV. You also may submit comments to MSPB by one of the following methods: Mail: William D. Spencer, Clerk of the Board, U.S. Merit Systems Protection Board, Suite 500, 1615 M Street NW., Washington DC 20419. Email: Please include ‘‘Voluntary Customer Surveys’’ in the subject line of the message and send it to mspb@mspb.gov. SUMMARY: Dr. Dee Ann Batten by phone at (202) 254– 4495; by email at deeann.batten@mspb.gov; or by fax at (202) 653–7211. SUPPLEMENTARY INFORMATION: Under PRA (44 U.S.C. 3501–3520), Federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. The MSPB intends to ask for a three-year renewal of its Generic Clearance Request for Voluntary Customer Surveys, OMB Control No. 3124–0012. On April 30, 2012, MSPB sought public comments on this ICR pursuant to 5 CFR 1320.8(d). See 77 FR 25501. The MSPB did not receive any comments. The MSPB is FOR FURTHER INFORMATION CONTACT: 1 The ‘‘Phase I Parties’’ are the Program Suppliers, Joint Sports Claimants, Public Television Claimants, Commercial Television Claimants (represented by National Association of Broadcasters), Music Claimants (represented by American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), Canadian Claimants Group, National Public Radio, and Devotional Claimants. In Phase I of a cable royalty distribution proceeding, royalties are allocated among 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, public radio programming, and Canadian programming. In Phase II of a cable royalty distribution proceeding, royalties are allocated among claimants within each of the Phase I categories. PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 E:\FR\FM\03AUN1.SGM 03AUN1

Agencies

[Federal Register Volume 77, Number 150 (Friday, August 3, 2012)]
[Notices]
[Page 46527]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18930]



[[Page 46527]]

-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2012-4 CRB CD 2010]


Distribution of the 2010 Cable Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.

-----------------------------------------------------------------------

SUMMARY: The Copyright Royalty Judges are soliciting comments on a 
motion of Phase I claimants for partial distribution in connection with 
the 2010 cable royalty funds. The Judges are also requesting comments 
as to the existence of Phase I and Phase II controversies with respect 
to the distribution of 2010 cable royalty funds.

DATES: Comments are due on or before September 4, 2012.

ADDRESSES: Comments 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 may not be delivered by an overnight delivery 
service other than the U.S. Postal Service Express Mail. If by mail 
(including overnight delivery), comments must be addressed to: 
Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If 
hand delivered by a private party, comments 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, comments 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, Program Specialist, by 
telephone at (202) 707-7658 or email at crb@loc.gov.

SUPPLEMENTARY INFORMATION: Each year cable systems must submit royalty 
payments to the Register of Copyrights as required by the statutory 
license set forth in section 111 of the Copyright Act for the 
retransmission to cable subscribers of over-the-air television and 
radio broadcast signals. See 17 U.S.C. 111(d). These royalties are then 
distributed to copyright owners whose works were included in a 
qualifying transmission and who timely filed a claim for royalties. 
Allocation of the royalties collected occurs in one of two ways. In the 
first instance, these funds will be distributed through a negotiated 
settlement among the parties. 17 U.S.C. 111(d)(4)(A). If the claimants 
do not reach an agreement with respect to the royalties, the Copyright 
Royalty Judges (``Judges'') must conduct a proceeding to determine the 
distribution of any royalties that remain in controversy. 17 U.S.C. 
111(d)(4)(B).
    On June 20, 2012, representatives of the Phase I claimant 
categories (the ``Phase I Parties'') \1\ filed with the Judges a motion 
requesting a partial distribution of 50% of the 2010 cable royalty 
funds pursuant to Section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 
801(b)(3)(C). Under that section of the Copyright Act, before ruling on 
a partial distribution motion the Judges must publish a notice in the 
Federal Register seeking responses to the motion to ascertain whether 
any claimant entitled to receive such royalty fees has a reasonable 
objection to the proposed distribution. Consequently, this Notice seeks 
comments from interested claimants on whether any reasonable objection 
exists that would preclude the distribution of 50% of the 2010 cable 
royalty funds to the Phase I Parties. The Judges must be advised of the 
existence and extent of all such objections by the end of the comment 
period. The Judges will not consider any objections with respect to the 
partial distribution motion that come to their attention after the 
close of that period.
---------------------------------------------------------------------------

    \1\ The ``Phase I Parties'' are the Program Suppliers, Joint 
Sports Claimants, Public Television Claimants, Commercial Television 
Claimants (represented by National Association of Broadcasters), 
Music Claimants (represented by American Society of Composers, 
Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), 
Canadian Claimants Group, National Public Radio, and Devotional 
Claimants. In Phase I of a cable royalty distribution proceeding, 
royalties are allocated among 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, public 
radio programming, and Canadian programming. In Phase II of a cable 
royalty distribution proceeding, royalties are allocated among 
claimants within each of the Phase I categories.
---------------------------------------------------------------------------

    The Judges also seek comment on the existence and extent of any 
controversies to the 2010 cable royalty funds at Phase I or Phase II 
with respect to those funds that would remain if the partial 
distribution is granted.
    The Motion of Phase I Claimants for Partial Distribution is posted 
on the Copyright Royalty Board Web site at http://www.loc.gov/crb.

    Dated: July 30, 2012.
Suzanne Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2012-18930 Filed 8-2-12; 8:45 am]
BILLING CODE 1410-72-P