Distribution of Digital Audio Recording Royalty Funds, 49562-49563 [2019-20428]

Download as PDF 49562 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices continued use of this refuge chamber while still providing continuous access to potable water in case of an emergency. As an alternative to the existing standard, the petitioner proposes the following: (a) The operator will supply each of the three refuge chambers with commercially purchased, sealed 5gallon water bottles, allowing each miner 2.25 quarts of water per day for at least 36 hours in a refuge chamber, given the manufacturer’s maximum occupant capacity. (b) The operator will replace the water bottles with fresh water bottles before the expiration of the shelf life date of the water. The condition and quantity of stored water will be inspected monthly and specific instructions on water conservation will be included with the refuge supplies. The petitioner asserts that the proposed alternative method will at all times guarantee no less than the same measure of protection afforded by the existing standard. Sheila McConnell, Director, Office of Standards, Regulations, and Variances. [FR Doc. 2019–20395 Filed 9–19–19; 8:45 am] BILLING CODE 4520–43–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 15–CRB–0011 DART (SRF/CO) (2014)] Distribution of Digital Audio Recording Royalty Funds Copyright Royalty Board, Library of Congress. ACTION: Notice announcing commencement of paper proceeding, requesting Petitions to Participate, and allowing comments. AGENCY: The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine the distribution of digital audio recording technology royalty fees in the 2014 Sound Recordings Fund. The Judges also announce the date by which a party who wishes to participate in this proceeding must file its Petition to Participate and the accompanying filing fee, if applicable. DATES: Petitions to Participate and the filing fee are due no later than October 21, 2019. ADDRESSES: Each Petition to Participate must include the proceeding docket number, 15–CRB–0011 DART (SRF/CO) khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 (2014). Participants must file using the online form on the CRB’s electronic filing application, eCRB, at https:// app.crb.gov/, unless they do not have access to the internet, in which case they may file using any of the following methods: 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. Instructions: Unless submitting online, claimants must submit an original, two paper copies, and an electronic version on a CD. All submissions must include the Copyright Royalty Board name and docket number. All submissions received will be posted without change on eCRB including any personal information provided. Docket: For access to the docket, go to eCRB, the Copyright Royalty Board’s electronic filing and case management system, at https://app.crb.gov/, and search for docket number 15–CRB–0011 DART (SRF/CO) (2014). FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707–7658 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 Sound Recordings Fund, which is the subject of this notice, is divided between the Copyright Owners Subfund (60%) and the Featured Recording Artists Subfund (40%), after PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 small portions are distributed to nonfeatured musicians and nonfeatured vocalists. 17 U.S.C. 1006(b)(1). Distribution of the fees in the two subfunds 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 January 21, 2016, the Judges ordered distribution of 98% of the royalties held in the Featured Recording Artists Subfund and the Copyright Owners Subfund of the 2014 Sound Recordings Fund to settling claimants. Order Granting AARC’s Request for Partial Distribution of Royalties from the 2014 DART Sound Recordings Fund. The Judges subsequently denied requests from two nonsettling claimants for distribution of funds. Order Denying Eugene Curry/Tajai Music, Inc’s Request for Partial Distribution of Funds from the Copyright Owners Subfund (Jan. 18, 2017) (‘‘Tajai Music Order’’); Order Denying Herman Kelly’s Request for Partial Distribution of Funds (Jan. 18, 2017) (‘‘Kelly Order’’). In the Kelly order, the Judges found that a controversy exists regarding the proper distribution of the remaining funds in the Featured Artists Subfund. Tajai Music, Inc. has not settled its interest in the Copyright Owners Subfund. See Motion in Support of Settling Claimants’ Notice of Settlement and Request for Partial Distribution of the 2014 DART Sound Recordings Fund Featured Recording Artists and Copyright Owners Subfunds Royalties at 1 (Dec. 2, 2015); Tajai Music Order at 1. 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 2014 Sound Recordings Fund royalties from the Copyright Owners Subfund and the Featured Recording Artists Subfund. Commencement of Proceeding By this notice, the Judges announce the commencement of a proceeding to determine the final distribution of DART Sound Recordings Funds (from both the Copyright Owners Subfund and the Featured Recording Artists Subfund) for royalty year 2014. Petitions To Participate Petitions to Participate must provide all of the information required by 37 CFR 351.1(b)(2). Participants also must E:\FR\FM\20SEN1.SGM 20SEN1 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Notices identify each subfund in the Sound Recordings Fund to which they are asserting a claim (i.e., Copyright Owners, Featured Recording Artists, or both). Petitions to Participate submitted by interested parties whose claims do not exceed $1,000 must contain a statement that the party will not seek a distribution of more than $1,000. 37 CFR 351.1(b)(4). No filing fee is required for such parties. Interested parties with claims exceeding $1,000, however, must submit a filing fee of $150 with their respective Petitions to Participate, or the petition will be rejected. CASH WILL NOT BE ACCEPTED. Parties filing online through eCRB must pay by credit card. Any party without access to the internet must pay the filing fee with a check or money order made payable to the ‘‘Copyright Royalty Board’’ and mailed or delivered with a paper claim form, as described in the ADDRESSES section above. If a check is returned for lack of sufficient funds, the corresponding Petition to Participate will be dismissed. Any participant that is an individual may represent herself or himself. All other participants must be represented by counsel. In accordance with 37 CFR 303.2 (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. The Judges will address further procedural matters, including scheduling, after Petitions to Participate have been filed. khammond on DSKJM1Z7X2PROD with NOTICES Intention To Conduct a Paper Proceeding In accordance with Section 803(b)(5)(B) of the Copyright Act, the Judges find it appropriate to conduct a paper proceeding in this matter in light of the relatively modest amount of royalties in dispute after previously approved partial distributions and the anticipated small number of nonsettling claimants. In paper proceedings, the Judges enter an order scheduling the filing of a written direct statement by each participant, a response of an opposing participant, and one additional response from the participant. 17 U.S.C. 803(b)(5). The Judges make their determination on the basis of these filings. Any party wishing to comment on the Judges’ intention to conduct a paper proceeding should include such comments in its Petition to Participate. VerDate Sep<11>2014 17:13 Sep 19, 2019 Jkt 247001 Dated: September 17, 2019. Jesse M. Feder, Chief Copyright Royalty Judge. [FR Doc. 2019–20428 Filed 9–19–19; 8:45 am] BILLING CODE 1410–72–P NATIONAL SCIENCE FOUNDATION Notice of Permit Applications Received Under the Antarctic Conservation Act of 1978 National Science Foundation. Notice of Permit Applications Received. AGENCY: ACTION: The National Science Foundation (NSF) is required to publish a notice of permit applications received to conduct activities regulated under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act in the Code of Federal Regulations. This is the required notice of permit applications received. SUMMARY: Interested parties are invited to submit written data, comments, or views with respect to this permit application by October 21, 2019. This application may be inspected by interested parties at the Permit Office, address below. ADDRESSES: Comments should be addressed to Permit Office, Office of Polar Programs, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, Virginia 22314. FOR FURTHER INFORMATION CONTACT: Nature McGinn, ACA Permit Officer, at the above address, 703–292–8030, or ACApermits@nsf.gov. SUPPLEMENTARY INFORMATION: The National Science Foundation, as directed by the Antarctic Conservation Act of 1978 (Pub. L. 95–541, 45 CFR 670), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas a requiring special protection. The regulations establish such a permit system to designate Antarctic Specially Protected Areas. DATES: Application Details Permit Application: 2020–013. 1. Applicant: Orla Doherty, BBC Worldwide Americas, 1120 Avenue of the Americas, New York, NY 10036. Activity for Which Permit is Requested: Harmful Interference, Enter PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 49563 Antarctic Specially Protected Areas (ASPA). The applicant and agents propose to film Antarctic wildlife, natural environments and scientific research being conducted. The resulting footage and photography would be used to create media products including a multi-part series for television. The applicant would film Weddell seals (adults and pups) underwater and on the sea ice with handheld cameras, cameras on tripods, remotely operated vehicles (underwater), pole cameras, remote cameras, and cameras attached to remotely piloted aircraft systems (RPAS; aka small copter drone). Film team members would approach seals slowly, over time, and may get as close as five meters. The applicant proposes to operate the RPAS at a minimum altitude of 23 meters, with the potential to operate at 10 meters above ground level if no disturbance of the seals is noted. Additional observers would be employed when film team members are operating RPAS or handheld gimbal cameras. The applicant also proposes to record seal vocalizations using a hydrophone. The applicant and agents would also film minke whales, killer whales, and Adelie penguins from helicopters and RPAS as well as from the sea ice edge. In addition, while filming by helicopter, the applicant and agents proposes to fly over ASPA 131, Canada Glacier, and ASPA 172 Lower Taylor Valley and Blood Falls. The applicant and agents would adhere to overflight guidance in ASPA management plans. Finally, the applicant proposes to approach Adelie penguins, gentoo penguins, southern giant petrels, south polar skuas, and brown skuas whilst documenting ongoing ecological research in the Antarctic Peninsula. In the course of this filming effort, it is possible that the applicant and agents would enter ASPA 113, Litchfield Island, and ASPA 139, Biscoe Point. The results of this work are expected to be useful for outreach and education about Antarctica and the scientific research conducted there. Location: ASPA 113, Litchfield Island, Arthur Harbor, Anvers Island, Palmer Archipelago; ASPA 131, Canada Glacier, Lake Fryxell, Taylor Valley, Victoria Land; ASPA 139, Biscoe Point, Anvers Island, Palmer Archipelago; ASPA 172, Lower Taylor Glacier and Blood Falls, Taylor Valley; McMurdo Station area; McMurdo Dry Valleys. Dates of Permitted Activities: October 11, 2019–February 10, 2020. Erika N. Davis Program Specialist, Office of Polar Programs. [FR Doc. 2019–20359 Filed 9–19–19; 8:45 am] BILLING CODE 7555–01–P E:\FR\FM\20SEN1.SGM 20SEN1

Agencies

[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Notices]
[Pages 49562-49563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20428]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 15-CRB-0011 DART (SRF/CO) (2014)]


Distribution of Digital Audio Recording Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice announcing commencement of paper proceeding, requesting 
Petitions to Participate, and allowing comments.

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

SUMMARY: The Copyright Royalty Judges (Judges) announce commencement of 
a proceeding to determine the distribution of digital audio recording 
technology royalty fees in the 2014 Sound Recordings Fund. The Judges 
also announce the date by which a party who wishes to participate in 
this proceeding must file its Petition to Participate and the 
accompanying filing fee, if applicable.

DATES: Petitions to Participate and the filing fee are due no later 
than October 21, 2019.

ADDRESSES: Each Petition to Participate must include the proceeding 
docket number, 15-CRB-0011 DART (SRF/CO) (2014). Participants must file 
using the online form on the CRB's electronic filing application, eCRB, 
at https://app.crb.gov/, unless they do not have access to the 
internet, in which case they may file using any of the following 
methods:
    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.
    Instructions: Unless submitting online, claimants must submit an 
original, two paper copies, and an electronic version on a CD. All 
submissions must include the Copyright Royalty Board name and docket 
number. All submissions received will be posted without change on eCRB 
including any personal information provided.
    Docket: For access to the docket, go to eCRB, the Copyright Royalty 
Board's electronic filing and case management system, at https://app.crb.gov/, and search for docket number 15-CRB-0011 DART (SRF/CO) 
(2014).

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, 
by telephone at (202) 707-7658 or email at [email protected].

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 Sound Recordings 
Fund, which is the subject of this notice, is divided between the 
Copyright Owners Subfund (60%) and the Featured Recording Artists 
Subfund (40%), after small portions are distributed to nonfeatured 
musicians and nonfeatured vocalists. 17 U.S.C. 1006(b)(1).
    Distribution of the fees in the two subfunds 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 January 21, 2016, the Judges ordered distribution of 98% of the 
royalties held in the Featured Recording Artists Subfund and the 
Copyright Owners Subfund of the 2014 Sound Recordings Fund to settling 
claimants. Order Granting AARC's Request for Partial Distribution of 
Royalties from the 2014 DART Sound Recordings Fund.
    The Judges subsequently denied requests from two nonsettling 
claimants for distribution of funds. Order Denying Eugene Curry/Tajai 
Music, Inc's Request for Partial Distribution of Funds from the 
Copyright Owners Subfund (Jan. 18, 2017) (``Tajai Music Order''); Order 
Denying Herman Kelly's Request for Partial Distribution of Funds (Jan. 
18, 2017) (``Kelly Order'').
    In the Kelly order, the Judges found that a controversy exists 
regarding the proper distribution of the remaining funds in the 
Featured Artists Subfund.
    Tajai Music, Inc. has not settled its interest in the Copyright 
Owners Subfund. See Motion in Support of Settling Claimants' Notice of 
Settlement and Request for Partial Distribution of the 2014 DART Sound 
Recordings Fund Featured Recording Artists and Copyright Owners 
Subfunds Royalties at 1 (Dec. 2, 2015); Tajai Music Order at 1.
    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 2014 Sound Recordings Fund royalties from the 
Copyright Owners Subfund and the Featured Recording Artists Subfund.

Commencement of Proceeding

    By this notice, the Judges announce the commencement of a 
proceeding to determine the final distribution of DART Sound Recordings 
Funds (from both the Copyright Owners Subfund and the Featured 
Recording Artists Subfund) for royalty year 2014.

Petitions To Participate

    Petitions to Participate must provide all of the information 
required by 37 CFR 351.1(b)(2). Participants also must

[[Page 49563]]

identify each subfund in the Sound Recordings Fund to which they are 
asserting a claim (i.e., Copyright Owners, Featured Recording Artists, 
or both).
    Petitions to Participate submitted by interested parties whose 
claims do not exceed $1,000 must contain a statement that the party 
will not seek a distribution of more than $1,000. 37 CFR 351.1(b)(4). 
No filing fee is required for such parties. Interested parties with 
claims exceeding $1,000, however, must submit a filing fee of $150 with 
their respective Petitions to Participate, or the petition will be 
rejected. CASH WILL NOT BE ACCEPTED. Parties filing online through eCRB 
must pay by credit card. Any party without access to the internet must 
pay the filing fee with a check or money order made payable to the 
``Copyright Royalty Board'' and mailed or delivered with a paper claim 
form, as described in the Addresses section above. If a check is 
returned for lack of sufficient funds, the corresponding Petition to 
Participate will be dismissed.
    Any participant that is an individual may represent herself or 
himself. All other participants must be represented by counsel. In 
accordance with 37 CFR 303.2 (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. The Judges will address further procedural 
matters, including scheduling, after Petitions to Participate have been 
filed.

Intention To Conduct a Paper Proceeding

    In accordance with Section 803(b)(5)(B) of the Copyright Act, the 
Judges find it appropriate to conduct a paper proceeding in this matter 
in light of the relatively modest amount of royalties in dispute after 
previously approved partial distributions and the anticipated small 
number of non-settling claimants. In paper proceedings, the Judges 
enter an order scheduling the filing of a written direct statement by 
each participant, a response of an opposing participant, and one 
additional response from the participant. 17 U.S.C. 803(b)(5). The 
Judges make their determination on the basis of these filings. Any 
party wishing to comment on the Judges' intention to conduct a paper 
proceeding should include such comments in its Petition to Participate.

    Dated: September 17, 2019.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2019-20428 Filed 9-19-19; 8:45 am]
 BILLING CODE 1410-72-P
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