Distribution of 2009 through 2011 DART Musical Works Funds Royalties, 64023-64024 [2013-25131]

Download as PDF Federal Register / Vol. 78, No. 207 / Friday, October 25, 2013 / Notices published in the Federal Register on June 11, 2013 (78 FR 35054). Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the ADDRESSES section within 30 days of publication of this notice in the Federal Register. In order to help ensure appropriate consideration, comments should mention OMB Control Number 1219– 0041. 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Molina, Acting Chief, Division of Management Systems, Bureau of Labor Statistics. [FR Doc. 2013–25071 Filed 10–24–13; 8:45 am] BILLING CODE 4510–24–P [FR Doc. 2013–25176 Filed 10–24–13; 8:45 am] BILLING CODE 4510–43–P 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 Jkt 232001 Distribution of 2009 through 2011 DART Musical Works Funds Royalties Copyright Royalty Board, Library of Congress. AGENCY: PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 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: E:\FR\FM\25OCN1.SGM 25OCN1 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 http://www.loc.gov/crb. VerDate Mar<15>2010 17:55 Oct 24, 2013 Jkt 232001 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 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (13–122)] NASA Advisory Council; Science Committee; Planetary Science Subcommittee; Meeting National Aeronautics and Space Administration. ACTION: Notice of meeting. AGENCY: In accordance with the Federal Advisory Committee Act, Public Law 92–463, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Planetary Science Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The meeting will be held via Teleconference and Webex for the purpose of soliciting, from the scientific community and other persons, scientific and technical information relevant to program planning. SUMMARY: Tuesday, November 5, 2013, 11:00 a.m. to 3:00 p.m., Eastern Time. This meeting will take place telephonically and by WebEx. Any interested person may call the USA toll free conference call number 800–857– 7040, pass code PSS, to participate in this meeting by telephone. The WebEx link is https://nasa.webex.com/, meeting number 992 145 430, password is PSS@Nov5 FOR FURTHER INFORMATION CONTACT: Ms. Ann Delo, Science Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358–0750, fax (202) 358– 3092, or ann.b.delo@nasa.gov. SUPPLEMENTARY INFORMATION: The agenda for the meeting includes the following topics: —Planetary Science Division Update —Government Performance and Results Act Presentation and Scoring It is imperative that the meeting be held on these dates to accommodate the scheduling priorities of the key participants. DATES: Note: In accordance with Section 102– 3.150(b) of the GSA Federal Advisory Committee Management; Final Rule (41 CFR parts 101–6 and 102–3), this meeting is being announced with less than 15 day notification due to the recent Federal Government shutdown which forced NASA to cancel a PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 previously scheduled meeting of the Planetary Science Subcommittee where a time-critical, mandatory review and scoring of agency annual performance goals, required by the Government Performance and Results Modernization Act of 2010, was to take place. Due to the length of the shutdown a teleconference will be used to complete this action prior to the Office of Management and Budget imminent deadline. Because a quorum of the Planetary Science Subcommittee is required for this action, November 5, 2013, is the only available date for this telecon. Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. [FR Doc. 2013–25179 Filed 10–24–13; 8:45 am] BILLING CODE 7510–13–P NATIONAL ARCHIVES AND RECORDS ADMINISTRATION Information Security Oversight Office [NARA–2014–001] National Industrial Security Program Policy Advisory Committee (NISPPAC) National Archives and Records Administration. ACTION: Notice of meeting. AGENCY: In accordance with the Federal Advisory Committee Act (5 U.S.C. app 2) and implementing regulation 41 CFR part 101–6, announcement is made for the following committee meeting to discuss National Industrial Security Program policy matters. SUMMARY: The meeting will be held on November 14, 2013 from 10:00 a.m. to 12:00 p.m. ADDRESSES: National Archives and Records Administration, 700 Pennsylvania Avenue NW., Archivist’s Reception Room, Room 105, Washington, DC 20408. SUPPLEMENTARY INFORMATION: This meeting will be open to the public. However, due to space limitations and access procedures, the name and telephone number of individuals planning to attend must be submitted to the Information Security Oversight Office (ISOO) no later than Friday, November 8, 2013. ISOO will provide additional instructions for gaining access to the location of the meeting. FOR FURTHER INFORMATION CONTACT: David O. Best, Senior Program Analyst, ISOO, National Archives Building, 700 Pennsylvania Avenue NW., Washington, DC 20408, telephone number (202) 357– 5123, or at david.best@nara.gov. Contact DATES: E:\FR\FM\25OCN1.SGM 25OCN1

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[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]


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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 http://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