Distribution of 2009 through 2011 DART Musical Works Funds Royalties, 64023-64024 [2013-25131]
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Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Notices
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[FR Doc. 2013–25071 Filed 10–24–13; 8:45 am]
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[FR Doc. 2013–25176 Filed 10–24–13; 8:45 am]
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LIBRARY OF CONGRESS
emcdonald on DSK67QTVN1PROD with NOTICES
DEPARTMENT OF LABOR
Copyright Royalty Board
Bureau of Labor Statistics
[Docket No. 2013–6 CRB DD (MW) 2009–
2011]
Data Users Advisory Committee;
Notice of Meeting and Agenda
The Bureau of Labor Statistics Data
Users Advisory Committee will meet on
Tuesday, November 19, 2013. The
meeting will be held in the Postal
VerDate Mar<15>2010
17:55 Oct 24, 2013
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Distribution of 2009 through 2011
DART Musical Works Funds Royalties
Copyright Royalty Board,
Library of Congress.
AGENCY:
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64023
Notice soliciting comments on
motion for partial distribution.
ACTION:
The Copyright Royalty Judges
(Judges) are soliciting comments on a
motion for partial distribution in
connection with 2009, 2010, and 2011
DART Musical Works Fund royalties.
DATES: Comments are due on or before
November 25, 2013.
ADDRESSES: Interested parties may
comment electronically by email to crb@
loc.gov. In the alternative, parties shall
send an original, five copies, and an
electronic copy of their comments on a
CD either by mail or in-person delivery.
PARTIES SHALL NOT USE MULTIPLE
MEANS OF TRANSMISSION. Parties
may deliver their comments to the
Copyright Royalty Board (CRB) by
United States mail or by courier
delivery. The CRB will NOT accept
comments delivered by an overnight
delivery service other than the U.S.
Postal Service Express Mail. If using
mail (including overnight delivery),
parties must address their comments to:
Copyright Royalty Board, P.O. Box
70977, Washington, DC 20024–0977. If
using a private party for hand delivery,
parties shall direct delivery of
comments to the Library of Congress,
James Madison Memorial Building, LM–
401, 101 Independence Avenue SE.,
Washington, DC 20559–6000. If using a
commercial courier, parties shall order
delivery of comments to the
Congressional Courier Acceptance Site,
2nd and D Streets NE., Washington, DC;
addressing the envelope 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:
Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by
telephone at (202) 707–7658 or email at
crb@loc.gov.
SUPPLEMENTARY INFORMATION: On
September 9, 2013, Broadcast Music,
Inc., the American Society of
Composers, Authors and Publishers,
SESAC, Inc., and The Harry Fox
Agency, Inc. (hereinafter ‘‘Settling
Claimants’’) filed with the Judges a
Motion for Partial Distribution of the
[Digital Audio Recording Technology
(DART)] Musical Works Fund to
Broadcast Music, Inc., American Society
of Composers, Authors and Publishers,
SESAC, Inc., and the Harry Fox Agency,
Inc., as Settling Claimants (Motion). In
the Motion, the Settling Claimants state
that they have reached confidential
settlements among themselves
concerning their respective distribution
shares for the years 2009 through 2011,
SUMMARY:
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emcdonald on DSK67QTVN1PROD with NOTICES
64024
Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Notices
inclusive. The Settling Claimants
request that the Judges, pursuant to
Section 801(b)(3)(C) of the Copyright
Act, publish in the Federal Register
notice of their motion and receive
comments on the proposed distribution
of 95% of the 2009–2011 DART Musical
Works Funds (Writers and Music
Publishers Subfunds).
Section 801(b)(3)(C) requires
publication in the Federal Register of
the request for partial distribution and
a period for submission of responses to
the motion. The Settling Claimants state
that the Judges ‘‘have the discretion,
within a zone of reasonableness, to find
that 95% of the royalties are not in
controversy.’’ Motion at 3. As support
for this assertion, they state that ‘‘[i]n all
DART Musical Works Funds
distribution proceedings since 1997,
non-settling individual writer and
publisher claimants collectively have
either received less than one tenth of
one percent (0.1%) of the royalty funds
or have been dismissed altogether.’’ The
Settling Claimants assert that, therefore,
at least 95% of the 2009–2011 Musical
Works Funds is clearly not in
controversy, and a partial distribution of
this amount to the Settling Parties is
‘‘appropriate and warranted at this
time.’’ Id.
The Judges do not find, based on the
historical record, that no controversy
exists with regard to the 2009, 2010, or
2011 Musical Works funds; rather the
Judges publish the Settling Parties’
request for comment in the Federal
Register. After publication in the
Federal Register, if the Judges
determine that no claimant entitled to
receive any of the 2009–2011 Musical
Works funds has stated a reasonable
objection to the partial distribution,
then the Judges may order the requested
partial distribution, provided that the
Settling Claimants requesting the partial
distribution, among other things, sign an
agreement obligating them to return any
excess amounts to the extent necessary
to comply with a final determination on
the distribution of the funds. See 17
U.S.C. 801(b)(3)(C). The Settling
Claimants have accepted this obligation.
See Motion at 3–4.
The Judges, therefore, seek comments
from any claimant entitled to receive
royalties from the 2009–2011 DART
Musical Works Funds stating whether
there are any reasonable objections to a
partial distribution of 95% of the 2009–
2011 Musical Works Funds to the
Settling Claimants
The Settling Claimants’ motion for
partial distribution is posted on the
Copyright Royalty Board Web site at
https://www.loc.gov/crb.
VerDate Mar<15>2010
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Dated: October 21, 2013.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013–25131 Filed 10–24–13; 8:45 am]
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[FR Doc. 2013–25179 Filed 10–24–13; 8:45 am]
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E:\FR\FM\25OCN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 207 (Friday, October 25, 2013)]
[Notices]
[Pages 64023-64024]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25131]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 2013-6 CRB DD (MW) 2009-2011]
Distribution of 2009 through 2011 DART Musical Works Funds
Royalties
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice soliciting comments on motion for partial distribution.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges (Judges) are soliciting comments
on a motion for partial distribution in connection with 2009, 2010, and
2011 DART Musical Works Fund royalties.
DATES: Comments are due on or before November 25, 2013.
ADDRESSES: Interested parties may comment electronically by email to
crb@loc.gov. In the alternative, parties shall send an original, five
copies, and an electronic copy of their comments on a CD either by mail
or in-person delivery. PARTIES SHALL NOT USE MULTIPLE MEANS OF
TRANSMISSION. Parties may deliver their comments to the Copyright
Royalty Board (CRB) by United States mail or by courier delivery. The
CRB will NOT accept comments delivered by an overnight delivery service
other than the U.S. Postal Service Express Mail. If using mail
(including overnight delivery), parties must address their comments to:
Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If
using a private party for hand delivery, parties shall direct delivery
of comments to the Library of Congress, James Madison Memorial
Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559-
6000. If using a commercial courier, parties shall order delivery of
comments to the Congressional Courier Acceptance Site, 2nd and D
Streets NE., Washington, DC; addressing the envelope 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: Richard Strasser, Senior Attorney, or
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or
email at crb@loc.gov.
SUPPLEMENTARY INFORMATION: On September 9, 2013, Broadcast Music, Inc.,
the American Society of Composers, Authors and Publishers, SESAC, Inc.,
and The Harry Fox Agency, Inc. (hereinafter ``Settling Claimants'')
filed with the Judges a Motion for Partial Distribution of the [Digital
Audio Recording Technology (DART)] Musical Works Fund to Broadcast
Music, Inc., American Society of Composers, Authors and Publishers,
SESAC, Inc., and the Harry Fox Agency, Inc., as Settling Claimants
(Motion). In the Motion, the Settling Claimants state that they have
reached confidential settlements among themselves concerning their
respective distribution shares for the years 2009 through 2011,
[[Page 64024]]
inclusive. The Settling Claimants request that the Judges, pursuant to
Section 801(b)(3)(C) of the Copyright Act, publish in the Federal
Register notice of their motion and receive comments on the proposed
distribution of 95% of the 2009-2011 DART Musical Works Funds (Writers
and Music Publishers Subfunds).
Section 801(b)(3)(C) requires publication in the Federal Register
of the request for partial distribution and a period for submission of
responses to the motion. The Settling Claimants state that the Judges
``have the discretion, within a zone of reasonableness, to find that
95% of the royalties are not in controversy.'' Motion at 3. As support
for this assertion, they state that ``[i]n all DART Musical Works Funds
distribution proceedings since 1997, non-settling individual writer and
publisher claimants collectively have either received less than one
tenth of one percent (0.1%) of the royalty funds or have been dismissed
altogether.'' The Settling Claimants assert that, therefore, at least
95% of the 2009-2011 Musical Works Funds is clearly not in controversy,
and a partial distribution of this amount to the Settling Parties is
``appropriate and warranted at this time.'' Id.
The Judges do not find, based on the historical record, that no
controversy exists with regard to the 2009, 2010, or 2011 Musical Works
funds; rather the Judges publish the Settling Parties' request for
comment in the Federal Register. After publication in the Federal
Register, if the Judges determine that no claimant entitled to receive
any of the 2009-2011 Musical Works funds has stated a reasonable
objection to the partial distribution, then the Judges may order the
requested partial distribution, provided that the Settling Claimants
requesting the partial distribution, among other things, sign an
agreement obligating them to return any excess amounts to the extent
necessary to comply with a final determination on the distribution of
the funds. See 17 U.S.C. 801(b)(3)(C). The Settling Claimants have
accepted this obligation. See Motion at 3-4.
The Judges, therefore, seek comments from any claimant entitled to
receive royalties from the 2009-2011 DART Musical Works Funds stating
whether there are any reasonable objections to a partial distribution
of 95% of the 2009-2011 Musical Works Funds to the Settling Claimants
The Settling Claimants' motion for partial distribution is posted
on the Copyright Royalty Board Web site at https://www.loc.gov/crb.
Dated: October 21, 2013.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2013-25131 Filed 10-24-13; 8:45 am]
BILLING CODE 1410-72-P
