Distribution of 2010-13 Cable Royalty Funds, 7876-7878 [2017-01358]
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7876
Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices
and Slacker, Inc. (Docket No. 17–CRB–
0010–AU), concerning the royalty
payments each made pursuant to two
statutory licenses.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, Program Specialist, by
telephone at (202) 707–7658 or by email
at crb@loc.gov.
SUMMARY INFORMATION: The Copyright
Act, title 17 of the United States Code,
grants to sound recordings copyright
owners the exclusive right to publicly
perform sound recordings by means of
certain digital audio transmissions,
subject to limitations. Specifically, the
right is limited by the statutory license
in section 114 which allows nonexempt
noninteractive digital subscription
services, eligible nonsubscription
services, and preexisting satellite digital
audio radio services to perform publicly
sound recordings by means of digital
audio transmissions. 17 U.S.C. 114(f). In
addition, a statutory license in section
112 allows a service to make necessary
ephemeral reproductions to facilitate
the digital transmission of the sound
recording. 17 U.S.C. 112(e).
Licensees may operate under these
licenses provided they pay the royalty
fees and comply with the terms set by
the Copyright Royalty Judges. The rates
and terms for the section 112 and 114
licenses are set forth in 37 CFR parts
380 and 382–84.
As part of the terms set for these
licenses, the Judges designated
SoundExchange, Inc., as the Collective,
i.e., the organization charged with
collecting the royalty payments and
statements of account submitted by
eligible nonexempt noninteractive
digital subscription services such as
Commercial Webcasters and with
distributing the royalties to the
copyright owners and performers
entitled to receive them under the
section 112 and 114 licenses. See 37
CFR 380.4(d).
As the Collective, SoundExchange
may, only once a year, conduct an audit
of a licensee for any or all of the prior
three calendar years in order to verify
royalty payments. SoundExchange must
first file with the Judges a notice of
intent to audit a licensee and deliver the
notice to the licensee. See 37 CFR 380.6.
On December 22, 2016,
SoundExchange filed with the Judges
notices of intent to audit Radionomy,
IMVU, Inc., and Slacker, Inc., for the
years 2013, 2014, and 2015. The Judges
must publish notice in the Federal
Register within 30 days of receipt of a
notice announcing the Collective’s
intent to conduct an audit. See 37 CFR
380.6(c). Today’s notice fulfills this
requirement with respect to
VerDate Sep<11>2014
19:02 Jan 19, 2017
Jkt 241001
SoundExchange’s December 22, 2016,
notices of intent to audit.
Dated: January 13, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017–01320 Filed 1–19–17; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 17–0006–CRB–AU]
Notice of Intent To Audit
Copyright Royalty Board,
Library of Congress.
ACTION: Public notice.
AGENCY:
The Copyright
Royalty Judges announce receipt of a
notice of intent to audit the 2013, 2014,
and 2015 statements of account of Sirius
XM Radio, Inc., concerning royalty
payments its Commercial Webcaster
service, Preexisting Satellite Digital
Audio Radio Service, New Subscription
Service, and Business Establishment
Service made pursuant to two statutory
licenses.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, Program Specialist, by
telephone at (202) 707–7658 or by email
at crb@loc.gov.
SUMMARY INFORMATION: The Copyright
Act, title 17 of the United States Code,
grants to copyright owners of sound
recordings the exclusive right to
publicly perform sound recordings by
means of certain digital audio
transmissions, subject to limitations.
Specifically, the right is limited by the
statutory license in section 114 which
allows nonexempt noninteractive digital
subscription services, eligible
nonsubscription services, and
preexisting satellite digital audio radio
services to perform publicly sound
recordings by means of digital audio
transmissions. 17 U.S.C. 114(f).
In addition, a statutory license in
section 112 allows a service to make
necessary ephemeral reproductions to
facilitate the digital transmission of the
sound recording, including
transmissions to business
establishments.1 17 U.S.C. 112(e).
Licensees may operate under these
licenses provided they pay the royalty
fees and comply with the terms set by
the Copyright Royalty Judges. The rates
and terms for the section 112 and 114
licenses are set forth in 37 CFR parts
380 and 382–84.
SUMMARY INFORMATION:
1 Subject
to the limitations set forth in section
114(d)(1)(C)(iv).
PO 00000
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As part of the terms set for these
licenses, the Judges designated
SoundExchange, Inc. as the Collective,
i.e., the organization charged with
collecting the royalty payments and
statements of account submitted by
licensees, including those that operate
commercial webcaster services,
preexisting satellite digital audio radio
services, new subscription services, and
those that make ephemeral copies for
transmission to business establishments.
The Collective is also charged with
distributing the royalties to the
copyright owners and performers
entitled to receive them under the
section 112 and 114 licenses. See 37
CFR 380.4(d), 382.13(b)(1), 383.4(a),
384.4(b)(1).
As the Collective,t, SoundExchange
may, once during a calendar year,
conduct an audit of a licensee for any
or all of the prior three years in order
to verify royalty payments.
SoundExchange must first file with the
Judges a notice of intent to audit a
licensee and deliver the notice to the
licensee. See 37 CFR 380.6, 382.15,
383.4(a), and 384.6.
On December 22, 2016,
SoundExchange filed with the Judges a
notice of intent to audit Sirius XM
Radio, Inc.’s Commercial Webcaster
service, Preexisting Satellite Digital
Audio Radio Service, New Subscription
Service, and Business Establishment
Service for the years 2013, 2014, and
2015. The Judges must publish notice in
the Federal Register within 30 days of
receipt of a notice announcing the
Collective’s intent to conduct an audit.
See 37 CFR 380.6(c), 382.15(c), 383.4(a),
and 384.6(c). Today’s notice fulfills this
requirement with respect to
SoundExchange’s December 22, 2016,
notice of intent to audit.
Dated: January 13, 2017.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2017–01321 Filed 1–19–17; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Consolidated Docket No. 14–CRB–0010–
CD (2010–13)]
Distribution of 2010–13 Cable Royalty
Funds
Copyright Royalty Board,
Library of Congress.
ACTION: Notice requesting comments.
AGENCY:
The Copyright Royalty Judges
announce settlement of controversies
and requests for partial distribution of
SUMMARY:
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Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices
cable television distant retransmission
royalties claimed by National Public
Radio (NPR) and Music Claimants.
National Public Radio appeared in this
proceeding on its own behalf and on
behalf of its NPR Members retransmitted
as distant signals by cable television
operators. Music Claimants include
Broadcast Music, Inc. (BMI) and the
American Society of Composers,
Authors, and Publishers (ASCAP), as
well as SESAC, Inc.
DATES: Comments are due on or before
February 22, 2017.
ADDRESSES: Submit electronic
comments via email to crb@loc.gov.
Those who choose not to submit
comments electronically should see
‘‘How to Submit Comments’’ in the
Supplementary Information section
below for physical addresses and further
instructions. This notice and request is
also posted on the agency’s Web site
(www.loc.gov/crb) and on
Regulations.gov (www.regulations.gov).
FOR FURTHER INFORMATION CONTACT:
Kimberly Whittle, Attorney-Advisor, 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 distant retransmission to cable
subscribers of over-the-air television
and radio broadcast signals. See 17
U.S.C. 111(d). The Copyright Royalty
Judges (Judges) oversee distribution of
royalties to copyright owners whose
works were included in a qualifying
retransmission and who timely filed a
claim for royalties. Allocation of the
royalties collected occurs in one of two
ways. In the first instance, the Judges
may authorize distribution in
accordance with a negotiated settlement
among all claiming parties. 17 U.S.C.
111(d)(4)(A). If all claimants do not
reach agreement with respect to the
royalties, the Judges must conduct a
proceeding to determine the distribution
of any royalties that remain in
controversy. 17 U.S.C. 111(d)(4)(B).
Alternatively, the Judges may, on
motion of claimants and on notice to all
interested parties, authorize a partial
distribution of royalties, reserving on
deposit sufficient funds to resolve
identified disputes. 17 U.S.C.
111(d)(4)(C), 801(b)(3)(C).
National Public Radio
On December 6, 2016, the Judges
received a joint motion 1 seeking
distribution by stipulation to NPR of
0.16% of all cable royalty funds on
deposit for royalty years 2010 through
2013, inclusive (2010–13 Funds) (NPR
Motion). The Moving Parties confirm
that no other claimant or category of
claimants asserts a controversy
regarding the funds allocated to NPR.
The Moving Parties further agree that
the distribution of royalties to NPR shall
equal the value of its 0.16% settlement
share minus the dollar value of partial
distributions NPR has received to date
for each of the 2010–13 Funds.2 The
stated amounts reflect a 0.16% share of
the total funds on deposit as of the date
of the final distribution to NPR for each
of the years included in the 2010–13
Cable
2013
2012
2011
2010
Distributed
...............................................................................................................................
...............................................................................................................................
...............................................................................................................................
...............................................................................................................................
Music Claimants
On December 15, 2016, the Judges
received a joint motion seeking
distribution by stipulation to the Music
Claimants from the cable royalty funds
$135,376,610.47
131,154,417.29
104,372,898.09
99,471,281.18
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19:02 Jan 19, 2017
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$226,242,486.15
218,880,889.28
209,056,600.84
199,254,814.82
3.75% fund
(percent)
3.50
3.50
3.55
3.55
and the Commercial Television Claimants, Music
Claimants, Canadian Claimants Group, Settling
Devotional Claimants, National Public Radio,
Public Broadcasting Service and the Public
Percent growth
3.363
4.699
4.919
15.577
Motion, the Moving Parties notified the
Judges that they stipulate and agree that
Music Claimants shall receive a share of
each of the 2010–13 Funds as follows
(the Music Claimants’ Share):
Basic fund
(percent)
1 The Moving Parties included all other
participants in this consolidated proceeding:
Motion Picture Association of America, Joint Sports
Claimants, National Association of Broadcasters
Fund total
$90,865,875.68
87,726,471.99
104,683,702.75
99,783,533.64
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
VerDate Sep<11>2014
2 The amounts that NPR received in partial
distribution for each of the 2010–13 Funds
can be found at https://www.copyright.gov/
licensing/distribution-fund.pdf. To date, NPR
has received a total of $846,675.38 in partial
distributions, as follows:
2010: $179,048.31 (distributed October 25,
2012)
2011: $187,871.22 (distributed April 25,
2013)
2012: $236,077.95 (distributed January 15,
2015)
2013: $243,677.90 (distributed June 18, 2015)
3 The total funds for each of the years
included in the 2010–13 Funds as of
September 30, 2016, can be found at page 6
of https://www.copyright.gov/licensing/
financial-statements/operating/sep2016.pdf
(chart tracking cable royalties entitled
‘‘Growth in the Copyright Royalty Funds As
of September 30, 2016’’). Recognizing that
the amount of NPR’s 0.16% settlement share
will be determined as of the date of the final
distribution to NPR, at least as of September
30, 2016, the total funds attributable for each
of the years included in the 2010–13 Funds
(calculated by adding the amounts already
distributed and the ‘‘Funds Available for
Distribution’’ as of September 30, 2016) were
reported as follows:
Funds available for
distribution
on deposit for royalty years 2010
through 2013, inclusive (2010–13
Funds) (Music Motion). The Moving
Parties consist of all participants in this
consolidated proceeding. In the Music
Year
2010
2011
2012
2013
Funds; 3 the dollar amounts might vary
as of the date of distribution, depending
upon costs incurred for managing the
funds and interest accrued on the funds.
The Parties further stipulate and agree
that these sums, once distributed, shall
not be subject to repayment and that no
additional sums shall be distributed to
NPR in the future with respect to the
2010–13 Funds, and that NPR need not
participate further in royalty
distribution proceedings related to the
2010–13 Funds.
3.50
3.50
3.55
3.55
Syndex fund
(percent)
3.50
3.50
3.55
3.55
Television Claimants, and Multigroup Claimants
(collectively, the Moving Parties).
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Federal Register / Vol. 82, No. 13 / Monday, January 23, 2017 / Notices
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The Moving Parties stipulate that the
value of the Music Claimants’ Share is
as listed as above, minus the dollar
value of partial distributions of the
2010–13 Funds that Music Claimants
have received to date.4 The Licensing
Office will calculate the Music
Claimants’ Share of the total funds as of
the date of the distribution to Music
Claimants for each of the years included
in the 2010–13 Funds, including
interest accrued to the date of
distribution and excluding (1) the
distribution to NPR of its 0.16% share
as specified in the December 6, 2016,
NPR Motion and (2) taxable costs
incurred by the Department of
Licensing.
The Moving Parties represent that
there are no outstanding inter- or intracategory controversies regarding the
claims in the Music Claimant category.
The Parties further stipulate and agree
that these sums shall not be subject to
repayment once distributed, that Music
Claimants need not participate further
in royalty distribution proceedings
related to the 2010–13 Funds, and that
no additional sums shall be distributed
to Music Claimants in the future with
respect to the 2010–13 Funds, provided
that Music Claimants shall be entitled to
receive the Music Claimants’ Share of
any additional royalties deposited into
any of the 2010–13 Funds due to any
audit of any cable system operator’s
Statement of Account pursuant to 37
CFR 201.16 that Music Claimants joined
as participating copyright owners.
The Moving Parties’ further stipulate
that the terms described in the Music
Motion represent a compromise and
settlement and apply to the 2010, 2011,
2012, and 2013 Cable Royalty
Distribution Proceedings only; no party
accepts the requested allocation as
precedent and no party admits to any
principle underlying stipulated amounts
of the Music Claimants’ Share.
Partial Distribution
The Moving Parties therefore request
the Judges to order a partial distribution
of royalties to NPR in the agreed
amounts and a partial distribution to
Music Claimants in the agreed amounts
pursuant to section 801(b)(3)(C) of the
Copyright Act.5 17 U.S.C. 801(b)(3)(C).
That section requires that, before ruling
on the motion, the Judges publish a
notice in the Federal Register seeking
4 The amounts Music Claimants have received in
partial distribution for each of the 2010–13 Funds
are available at https://www.copyright.gov/licensing/
distribution-fund.pdf.
5 The requested distributions represent partial
distributions of the 2010–13 Funds, but not partial
distributions to NPR or the Music Claimants, whose
claims are satisfied by the requested distributions.
VerDate Sep<11>2014
19:02 Jan 19, 2017
Jkt 241001
responses to the motion for partial
distribution to ascertain whether any
claimant entitled to receive the subject
royalties has a reasonable objection to
the requested distribution. Accordingly,
this Notice seeks comments from
interested claimants on whether any
reasonable objection exists that would
preclude the distributions to NPR or
Music Claimants described in this
Notice. Parties making objection to the
partial distribution must advise the
Judges of the existence and details of all
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 the comment
period.
The Judges have caused the joint
motion regarding NPR and the joint
motion regarding Music Claimants to be
posted on the Copyright Royalty Board
Web site at https://www.loc.gov/crb.
How To Submit Comments
Interested members of the public must
submit comments to only one of the
following addresses. If not commenting
by email or online, commenters must
submit an original of their comments,
five paper copies, and an electronic
version on a CD.
Email: crb@loc.gov; or
Online: www.regulations.gov; or
U.S. mail: Copyright Royalty Board,
P.O. Box 70977, Washington, DC 20024–
0977; or
Overnight service (only USPS Express
Mail is acceptable): Copyright Royalty
Board, P.O. Box 70977, Washington, DC
20024–0977; or
Commercial courier: Address package
to: Copyright Royalty Board, Library of
Congress, James Madison Memorial
Building, LM–403, 101 Independence
Avenue SE., Washington, DC 20559–
6000. Deliver to: Congressional Courier
Acceptance Site, 2nd Street NE. and D
Street NE., Washington, DC; or
Hand delivery: Library of Congress,
James Madison Memorial Building, LM–
401, 101 Independence Avenue SE.,
Washington, DC 20559–6000.
Dated: January 17, 2017.
Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2017–01358 Filed 1–19–17; 8:45 am]
BILLING CODE 1410–72–P
PO 00000
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 17–0005–CRB–AU]
Notice of Intent To Audit
Copyright Royalty Board,
Library of Congress.
ACTION: Public notice.
AGENCY:
The Copyright Royalty Judges
announce receipt of a notice of intent to
audit the 2013, 2014, and 2015
statements of account of Music Choice
concerning the royalty payments its
Preexisting Subscription Service and
Business Establishments Service made
pursuant to two statutory licenses.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, Program Specialist, by
telephone at (202) 707–7658 or by email
at crb@loc.gov.
SUMMARY INFORMATION: The Copyright
Act, title 17 of the United States Code,
grants to copyright owners of sound
recordings the exclusive right to
publicly perform sound recordings by
means of certain digital audio
transmissions, subject to limitations.
Specifically, the right is limited by the
statutory license in section 114 which
allows nonexempt noninteractive digital
subscription services, eligible
nonsubscription services, and
preexisting satellite digital audio radio
services to perform publicly sound
recordings by means of digital audio
transmissions. 17 U.S.C. 114(f).
In addition, a statutory license in
section 112 allows a service to make
necessary ephemeral reproductions to
facilitate the digital transmission of the
sound recording, including for
transmissions to business
establishments.1 17 U.S.C. 112(e).
Licensees may operate under these
licenses provided they pay the royalty
fees and comply with the terms set by
the Copyright Royalty Judges. The rates
and terms for the section 112 and 114
licenses are set forth in 37 CFR parts
380 and 382–84.
As part of the terms set for these
licenses, the Judges designated
SoundExchange, Inc. as the Collective,
i.e., the organization charged with
collecting the royalty payments and
statements of account submitted by
licensees, including those that operate
preexisting subscription services and
those that make ephemeral copies for
transmission to business establishments.
The Collective is also charged with
distributing the royalties to the
copyright owners and performers
SUMMARY:
1 Subject to the limitations set forth in section
114(d)(1)(C)(iv).
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23JAN1
]]>Agencies
[Federal Register Volume 82, Number 13 (Monday, January 23, 2017)]
[Notices]
[Pages 7876-7878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01358]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
[Consolidated Docket No. 14-CRB-0010-CD (2010-13)]
Distribution of 2010-13 Cable Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice requesting comments.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges announce settlement of
controversies and requests for partial distribution of
[[Page 7877]]
cable television distant retransmission royalties claimed by National
Public Radio (NPR) and Music Claimants. National Public Radio appeared
in this proceeding on its own behalf and on behalf of its NPR Members
retransmitted as distant signals by cable television operators. Music
Claimants include Broadcast Music, Inc. (BMI) and the American Society
of Composers, Authors, and Publishers (ASCAP), as well as SESAC, Inc.
DATES: Comments are due on or before February 22, 2017.
ADDRESSES: Submit electronic comments via email to crb@loc.gov. Those
who choose not to submit comments electronically should see ``How to
Submit Comments'' in the Supplementary Information section below for
physical addresses and further instructions. This notice and request is
also posted on the agency's Web site (www.loc.gov/crb) and on
Regulations.gov (www.regulations.gov).
FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney-Advisor, 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 distant
retransmission to cable subscribers of over-the-air television and
radio broadcast signals. See 17 U.S.C. 111(d). The Copyright Royalty
Judges (Judges) oversee distribution of royalties to copyright owners
whose works were included in a qualifying retransmission and who timely
filed a claim for royalties. Allocation of the royalties collected
occurs in one of two ways. In the first instance, the Judges may
authorize distribution in accordance with a negotiated settlement among
all claiming parties. 17 U.S.C. 111(d)(4)(A). If all claimants do not
reach agreement with respect to the royalties, the Judges must conduct
a proceeding to determine the distribution of any royalties that remain
in controversy. 17 U.S.C. 111(d)(4)(B). Alternatively, the Judges may,
on motion of claimants and on notice to all interested parties,
authorize a partial distribution of royalties, reserving on deposit
sufficient funds to resolve identified disputes. 17 U.S.C.
111(d)(4)(C), 801(b)(3)(C).
National Public Radio
On December 6, 2016, the Judges received a joint motion \1\ seeking
distribution by stipulation to NPR of 0.16% of all cable royalty funds
on deposit for royalty years 2010 through 2013, inclusive (2010-13
Funds) (NPR Motion). The Moving Parties confirm that no other claimant
or category of claimants asserts a controversy regarding the funds
allocated to NPR. The Moving Parties further agree that the
distribution of royalties to NPR shall equal the value of its 0.16%
settlement share minus the dollar value of partial distributions NPR
has received to date for each of the 2010-13 Funds.\2\ The stated
amounts reflect a 0.16% share of the total funds on deposit as of the
date of the final distribution to NPR for each of the years included in
the 2010-13 Funds; \3\ the dollar amounts might vary as of the date of
distribution, depending upon costs incurred for managing the funds and
interest accrued on the funds. The Parties further stipulate and agree
that these sums, once distributed, shall not be subject to repayment
and that no additional sums shall be distributed to NPR in the future
with respect to the 2010-13 Funds, and that NPR need not participate
further in royalty distribution proceedings related to the 2010-13
Funds.
---------------------------------------------------------------------------
\1\ The Moving Parties included all other participants in this
consolidated proceeding: Motion Picture Association of America,
Joint Sports Claimants, National Association of Broadcasters and the
Commercial Television Claimants, Music Claimants, Canadian Claimants
Group, Settling Devotional Claimants, National Public Radio, Public
Broadcasting Service and the Public Television Claimants, and
Multigroup Claimants (collectively, the Moving Parties).
\2\ The amounts that NPR received in partial distribution for
each of the 2010-13 Funds can be found at https://www.copyright.gov/licensing/distribution-fund.pdf. To date, NPR has received a total
---------------------------------------------------------------------------
of $846,675.38 in partial distributions, as follows:
2010: $179,048.31 (distributed October 25, 2012)
2011: $187,871.22 (distributed April 25, 2013)
2012: $236,077.95 (distributed January 15, 2015)
2013: $243,677.90 (distributed June 18, 2015)
\3\ The total funds for each of the years included in the 2010-
13 Funds as of September 30, 2016, can be found at page 6 of https://www.copyright.gov/licensing/financial-statements/operating/sep2016.pdf (chart tracking cable royalties entitled ``Growth in the
Copyright Royalty Funds As of September 30, 2016''). Recognizing
that the amount of NPR's 0.16% settlement share will be determined
as of the date of the final distribution to NPR, at least as of
September 30, 2016, the total funds attributable for each of the
years included in the 2010-13 Funds (calculated by adding the
amounts already distributed and the ``Funds Available for
Distribution'' as of September 30, 2016) were reported as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Funds available for
Cable Distributed distribution Fund total Percent growth
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013................................................ $135,376,610.47 $90,865,875.68 $226,242,486.15 3.363
2012................................................ 131,154,417.29 87,726,471.99 218,880,889.28 4.699
2011................................................ 104,372,898.09 104,683,702.75 209,056,600.84 4.919
2010................................................ 99,471,281.18 99,783,533.64 199,254,814.82 15.577
--------------------------------------------------------------------------------------------------------------------------------------------------------
Music Claimants
On December 15, 2016, the Judges received a joint motion seeking
distribution by stipulation to the Music Claimants from the cable
royalty funds on deposit for royalty years 2010 through 2013, inclusive
(2010-13 Funds) (Music Motion). The Moving Parties consist of all
participants in this consolidated proceeding. In the Music Motion, the
Moving Parties notified the Judges that they stipulate and agree that
Music Claimants shall receive a share of each of the 2010-13 Funds as
follows (the Music Claimants' Share):
----------------------------------------------------------------------------------------------------------------
Basic fund 3.75% fund Syndex fund
Year (percent) (percent) (percent)
----------------------------------------------------------------------------------------------------------------
2010................................................... 3.50 3.50 3.50
2011................................................... 3.50 3.50 3.50
2012................................................... 3.55 3.55 3.55
2013................................................... 3.55 3.55 3.55
----------------------------------------------------------------------------------------------------------------
[[Page 7878]]
The Moving Parties stipulate that the value of the Music Claimants'
Share is as listed as above, minus the dollar value of partial
distributions of the 2010-13 Funds that Music Claimants have received
to date.\4\ The Licensing Office will calculate the Music Claimants'
Share of the total funds as of the date of the distribution to Music
Claimants for each of the years included in the 2010-13 Funds,
including interest accrued to the date of distribution and excluding
(1) the distribution to NPR of its 0.16% share as specified in the
December 6, 2016, NPR Motion and (2) taxable costs incurred by the
Department of Licensing.
---------------------------------------------------------------------------
\4\ The amounts Music Claimants have received in partial
distribution for each of the 2010-13 Funds are available at https://www.copyright.gov/licensing/distribution-fund.pdf.
---------------------------------------------------------------------------
The Moving Parties represent that there are no outstanding inter-
or intra-category controversies regarding the claims in the Music
Claimant category. The Parties further stipulate and agree that these
sums shall not be subject to repayment once distributed, that Music
Claimants need not participate further in royalty distribution
proceedings related to the 2010-13 Funds, and that no additional sums
shall be distributed to Music Claimants in the future with respect to
the 2010-13 Funds, provided that Music Claimants shall be entitled to
receive the Music Claimants' Share of any additional royalties
deposited into any of the 2010-13 Funds due to any audit of any cable
system operator's Statement of Account pursuant to 37 CFR 201.16 that
Music Claimants joined as participating copyright owners.
The Moving Parties' further stipulate that the terms described in
the Music Motion represent a compromise and settlement and apply to the
2010, 2011, 2012, and 2013 Cable Royalty Distribution Proceedings only;
no party accepts the requested allocation as precedent and no party
admits to any principle underlying stipulated amounts of the Music
Claimants' Share.
Partial Distribution
The Moving Parties therefore request the Judges to order a partial
distribution of royalties to NPR in the agreed amounts and a partial
distribution to Music Claimants in the agreed amounts pursuant to
section 801(b)(3)(C) of the Copyright Act.\5\ 17 U.S.C. 801(b)(3)(C).
That section requires that, before ruling on the motion, the Judges
publish a notice in the Federal Register seeking responses to the
motion for partial distribution to ascertain whether any claimant
entitled to receive the subject royalties has a reasonable objection to
the requested distribution. Accordingly, this Notice seeks comments
from interested claimants on whether any reasonable objection exists
that would preclude the distributions to NPR or Music Claimants
described in this Notice. Parties making objection to the partial
distribution must advise the Judges of the existence and details of all
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 the comment period.
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\5\ The requested distributions represent partial distributions
of the 2010-13 Funds, but not partial distributions to NPR or the
Music Claimants, whose claims are satisfied by the requested
distributions.
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The Judges have caused the joint motion regarding NPR and the joint
motion regarding Music Claimants to be posted on the Copyright Royalty
Board Web site at https://www.loc.gov/crb.
How To Submit Comments
Interested members of the public must submit comments to only one
of the following addresses. If not commenting by email or online,
commenters must submit an original of their comments, five paper
copies, and an electronic version on a CD.
Email: crb@loc.gov; or
Online: www.regulations.gov; or
U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC
20024-0977; or
Overnight service (only USPS Express Mail is acceptable): Copyright
Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or
Commercial courier: Address package to: Copyright Royalty Board,
Library of Congress, James Madison Memorial Building, LM-403, 101
Independence Avenue SE., Washington, DC 20559-6000. Deliver to:
Congressional Courier Acceptance Site, 2nd Street NE. and D Street NE.,
Washington, DC; or
Hand delivery: Library of Congress, James Madison Memorial
Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559-
6000.
Dated: January 17, 2017.
Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2017-01358 Filed 1-19-17; 8:45 am]
BILLING CODE 1410-72-P
