Procedural Regulations of the Copyright Royalty Board Requiring Electronic Filing of Claims, 37752-37753 [2020-13554]
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Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Rules and Regulations
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 360
[Docket No. 20–CRB–0006 RM]
Procedural Regulations of the
Copyright Royalty Board Requiring
Electronic Filing of Claims
Copyright Royalty Board,
Library of Congress.
ACTION: Final rule.
AGENCY:
The Copyright Royalty Judges
(Judges) adopt amendments to
regulations governing the filing of
claims to royalty fees collected under
compulsory license to require that all
claims be filed electronically through
the Copyright Royalty Board’s (CRB)
electronic filing system (eCRB).
DATES: Effective June 24, 2020.
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist,
by telephone at (202) 707–7658 or email
at crb@loc.gov.
SUPPLEMENTARY INFORMATION: On May 6,
2020, the Copyright Royalty Judges
(Judges) published a proposed rule
amending 37 CFR part 360 to require
that all claims to royalty fees collected
under compulsory license be filed
online through eCRB. 85 FR 26906 (May
6, 2020). The Judges received no
comments on the proposal and therefore
adopt it as proposed for the reasons set
forth below.
SUMMARY:
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Background
In 2017, the CRB deployed its
electronic filing and case management
system, eCRB, and began accepting
claims to compulsory license royalties
electronically. The CRB continued,
however, to permit the filing of claims
on paper forms.
The CRB has since received a
diminishing number of paper claims. In
the most recent claims filing period for
cable and satellite royalties (July 2019),
out of 545 and 280 claims, respectively,
the CRB received two claims for cable
royalties and one claim for satellite
royalties that were filed exclusively in
paper form.1 In the most recent claims
filing period for DART royalties
(January–February 2020), out of 61
claims filed, the CRB received no claims
that were filed exclusively in paper
form.2
1 For
both cable and satellite claims, the CRB
received approximately 20 backup paper claims—
i.e., claims filed in paper form that are duplicates
of claims filed in electronic form. The practice of
filing backup paper claims is neither necessary nor
encouraged by the CRB.
2 The CRB received four backup paper claims.
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16:17 Jun 23, 2020
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The handling of paper claims is more
resource-intensive for the CRB than the
handling of electronic claims. Each
paper claim must be opened, datestamped, numbered, scanned, and
uploaded to eCRB, and details from the
paper claim must be entered manually
into eCRB to generate an electronic
claim.
More critically, acceptance of paper
claims creates a dependency on the
receipt and processing of mail and
courier deliveries. The current
disruption at the Library of Congress to
both mail processing and acceptance of
courier deliveries because of the
COVID–19 pandemic demonstrates the
risk to claims processing of that
dependency.
In order to eliminate the need for
resource-intensive manual processing of
paper claims and to mitigate the risk to
CRB operations of a disruption to
normal mail and courier delivery, and
having received no comments from the
public in response to the May 6, 2020
proposed rule, the Judges hereby amend
37 CFR part 360 to require that all
claims be filed online through eCRB.
List of Subjects in 37 CFR Part 360
Administrative practice and
procedure, Cable royalties, Claims,
Copyright, Electronic filing, Satellite
royalties.
For the reasons set forth in the
preamble, and under the authority of
chapter 8, title 17, United States Code,
the Copyright Royalty Judges hereby
amend part 360 of title 37 of the Code
of Federal Regulations as follows:
Subchapter C—Submission of Royalty
Claims
a. Revising paragraph (a);
b. Removing paragraph (b)(1)(v);
c. Redesignating paragraph (b)(1)(vi)
as paragraph (b)(1)(v);
■ d. Revising paragraph (b)(2)(i);
■ e. In paragraph (b)(2)(iii), removing
the words ‘‘for claims submitted
through eCRB’’;
■ f. Removing paragraph (b)(2)(v); and
■ g. Redesignating paragraph (b)(2)(vi)
as paragraph (b)(2)(v).
The revisions read as follows:
■
■
■
§ 360.4
§ 360.5
■
PART 360—FILING OF CLAIMS TO
ROYALTY FEES COLLECTED UNDER
COMPULSORY LICENSE
1. The authority citation for part 360
continues to read as follows:
Form and content of claims.
(a) Electronic filing. (1) Each filer
must file claims online using the claims
filing feature of eCRB to claim cable
compulsory license royalty fees or
satellite compulsory license royalty fees
and must provide all information
required by the online form and its
accompanying instructions.
(2) Filers may access eCRB at https://
app.crb.gov. The claims filing feature for
claims to cable compulsory license
royalty fees and satellite compulsory
license royalty fees will be available
only during the month of July.
(b) * * *
(2) * * *
(i) With the exception of joint claims
filed by a performing rights society on
behalf of its members, a list including
the full legal name, address, and email
address of each copyright owner whose
claim(s) are included in the joint claim.
Claims must include an Excel
spreadsheet containing the information
if the number of joint claimants is in
excess of ten.
*
*
*
*
*
[Removed]
4. Remove § 360.5.
Subpart B—Digital Audio Recording
Devices and Media (DART) Royalty
Claims
■
Authority: 17 U.S.C. 801, 803, 805.
Subpart A also issued under 17 U.S.C.
111(d)(4) and 119(b)(4).
Subpart B also issued under 17 U.S.C.
1007(a)(1).
Subpart C also issued under 17 U.S.C.
111(d)(4), 119(b)(4) and 1007(a)(1).
Subpart A—Cable and Satellite Claims
§ 360.3
[Amended]
2. Amend § 360.3 by:
a. In paragraph (b), removing the
words ‘‘or by mail or hand delivery in
accordance with § 301.2’’;
■ b. Removing paragraph (d); and
■ c. Redesignating paragraph (e) as
paragraph (d).
■ 3. Amend § 360.4 by:
■
■
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5. Amend § 360.22 by:
a. Revising paragraph (a);
b. In paragraph (b)(2), removing the
words ‘‘for claims submitted through
eCRB’’;
■ c. Removing paragraph (c);
■ d. Redesignating paragraphs (d), (e),
and (f) as paragraphs (c), (d), and (e)
respectively; and
■ e. Revising newly redesignated
paragraph (d).
The revisions read as follows:
■
■
■
§ 360.22
Form and content of claims.
(a) Electronic filing. (1) Each claim to
DART royalty payments must be filed
online using the claims filing feature of
eCRB and must contain the information
required by the online form and its
accompanying instructions.
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Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Rules and Regulations
(2) Filers may access eCRB at https://
app.crb.gov. The claims filing feature for
claims to DART royalty payments will
be available only during the months of
January and February.
*
*
*
*
*
(d) List of claimants. If the claim is a
joint claim, it must include the name of
each claimant participating in the joint
claim. Filers submitting joint claims on
behalf of ten or fewer claimants, must
list the name of each claimant included
in the joint claim directly on the filed
joint claim. Filers submitting joint
claims on behalf of more than ten
claimants must include an Excel
spreadsheet listing the name of each
claimant included in the joint claim.
*
*
*
*
*
§ 360.23
■
[Removed]
6. Remove § 360.23.
§ 360.24 [Redesignated as § 360.23 and
Amended]
7. Redesignate § 360.24 as § 360.23
and, in newly redesignated § 360.23(b),
add the words ‘‘online through eCRB’’
after the word ‘‘notice’’.
■
Subpart C—Rules of General
Application
8. Amend § 360.30 by adding a
sentence at the end of the paragraph to
read as follows:
■
§ 360.30
Amendment of claims.
* * * All Notices of Amendment
must be filed online through eCRB.
■ 9. Amend § 360.31 by adding a
sentence at the end of the paragraph to
read as follows:
§ 360.31
Withdrawal of claims.
* * * All Notices of Withdrawal of
Claim(s) must be filed online through
eCRB.
Dated: June 16, 2020.
Jesse M. Feder,
Chief United States Copyright Royalty Judge.
Approved by:
Carla Hayden,
Librarian of Congress.
[FR Doc. 2020–13554 Filed 6–23–20; 8:45 am]
BILLING CODE 1410–72–P
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DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
RIN 2900–AP72
Veterans Employment Pay for Success
Grant Program
AGENCY:
Department of Veterans Affairs.
VerDate Sep<11>2014
17:06 Jun 23, 2020
Jkt 250001
ACTION:
Final rule.
The Department of Veterans
Affairs (VA) established a grant program
(Veterans Employment Pay for Success
(VEPFS)) to award grants to eligible
entities to fund projects that are
successful in accomplishing
employment rehabilitation for Veterans
with service-connected disabilities. VA
will award grants on the basis of an
eligible entity’s proposed use of a Pay
for Success (PFS) strategy to achieve
goals. This final rule adopts with
changes an interim final rule that
established regulations for awarding a
VEPFS grant, including the general
process for awarding the grant, criteria
and parameters for evaluating grant
applications, priorities related to the
award of a grant, and general
requirements and guidance for
administering a VEPFS grant program.
DATES: This rule is effective on June 24,
2020.
FOR FURTHER INFORMATION CONTACT:
Mike Frueh, Deputy Assistant Secretary,
Planning and Performance Management,
(008A), Department of Veterans Affairs,
810 Vermont Ave. NW, Washington, DC,
(202) 632–8784. (This is not a toll-free
number.)
SUPPLEMENTARY INFORMATION: Section
3119 of title 38, United States Code,
authorizes the Secretary of Veterans
Affairs (Secretary) to make grants to or
contract with public or nonprofit
agencies, including institutions of
higher learning, to advance ‘‘the
knowledge, methods, techniques, and
resources available for use in
rehabilitation programs for veterans.’’
Section 3119 specifically authorizes the
Secretary to make grants to such
agencies to conduct or provide support
for projects which are ‘‘designed to
increase the resources and potential for
accomplishing the rehabilitation of
disabled veterans.’’ (See also
implementing regulation at 38 CFR
21.390.)
On August 10, 2016, VA published an
interim final rule in the Federal
Register, 81 FR 52770, under the
authority of sec. 3119 establishing
regulations for administering a VEPFS
grant program to award grants to eligible
entities to fund projects that are
successful in accomplishing
employment rehabilitation for Veterans
with service-connected disabilities. In
general, a PFS model is a strategy for
successfully attaining positive social or
environmental outcomes by paying for
an intervention to achieve such
outcomes only after the intervention
produces these outcomes. The interim
final rule included the general process
SUMMARY:
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37753
for awarding the grant, criteria and
parameters for evaluating grant
applications, priorities related to the
award of a grant, and general
requirements and guidance for
administering a VEPFS grant program.
VA provided a 60-day public comment
period that ended on October 11, 2016,
and received nine comments from a
single entity.
The first comment recommended
amending the definition of
‘‘Employment outcome’’ to include
outcomes that occur ‘‘during’’ as well as
following the service period so that the
PFS agreement reflects the benefits of
the selected intervention while services
are provided. In addition, this comment
and the third comment recommended
amending the definitions of
‘‘Employment outcome’’ and ‘‘Outcomes
payments’’ to allow a PFS project
evaluation to be based on a
‘‘comparison’’ group in addition to a
‘‘control’’ group so there is greater
flexibility when structuring valid
evaluation methodologies. VA agrees
that if employment outcomes can be
measured during the service period, an
evaluator may be able to obtain useful
information that could assist with
determining whether employment
outcomes have improved across the
lifecycle of the project. It is feasible to
assume that some outcomes may be
achievable and measurable at any point
during the lifecycle of the service
period. VA believes measuring
outcomes during the service period may
allow for greater flexibility in
transaction structuring for outcomes
payments. In addition, VA agrees that
basing a project evaluation on a
comparison group or a control group
will allow for greater flexibility in
structuring evaluation methodologies.
Having greater flexibility in this regard
may allow for greater statistical power
when measuring outcomes and benefit
the VA program office when evaluating
the impact of the outcomes on future
rehabilitation policy and programming.
Therefore, we are amending the
definition of ‘‘Employment outcome’’ to
reflect that it means the employment or
earnings of a participant in an
intervention group or a control or
comparison group either during or after
a service period. We are further
amending this definition and the
definition of ‘‘Outcomes payments’’ to
indicate that comparison groups, in
addition to control groups, may be used
when structuring evaluation
methodologies.
The second comment proposed
adding a definition of ‘‘Outcome
metrics’’ and additional comments,
including the sixth comment,
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]]>Agencies
[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Rules and Regulations]
[Pages 37752-37753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13554]
[[Page 37752]]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 360
[Docket No. 20-CRB-0006 RM]
Procedural Regulations of the Copyright Royalty Board Requiring
Electronic Filing of Claims
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges (Judges) adopt amendments to
regulations governing the filing of claims to royalty fees collected
under compulsory license to require that all claims be filed
electronically through the Copyright Royalty Board's (CRB) electronic
filing system (eCRB).
DATES: Effective June 24, 2020.
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
by telephone at (202) 707-7658 or email at [email protected].
SUPPLEMENTARY INFORMATION: On May 6, 2020, the Copyright Royalty Judges
(Judges) published a proposed rule amending 37 CFR part 360 to require
that all claims to royalty fees collected under compulsory license be
filed online through eCRB. 85 FR 26906 (May 6, 2020). The Judges
received no comments on the proposal and therefore adopt it as proposed
for the reasons set forth below.
Background
In 2017, the CRB deployed its electronic filing and case management
system, eCRB, and began accepting claims to compulsory license
royalties electronically. The CRB continued, however, to permit the
filing of claims on paper forms.
The CRB has since received a diminishing number of paper claims. In
the most recent claims filing period for cable and satellite royalties
(July 2019), out of 545 and 280 claims, respectively, the CRB received
two claims for cable royalties and one claim for satellite royalties
that were filed exclusively in paper form.\1\ In the most recent claims
filing period for DART royalties (January-February 2020), out of 61
claims filed, the CRB received no claims that were filed exclusively in
paper form.\2\
---------------------------------------------------------------------------
\1\ For both cable and satellite claims, the CRB received
approximately 20 backup paper claims--i.e., claims filed in paper
form that are duplicates of claims filed in electronic form. The
practice of filing backup paper claims is neither necessary nor
encouraged by the CRB.
\2\ The CRB received four backup paper claims.
---------------------------------------------------------------------------
The handling of paper claims is more resource-intensive for the CRB
than the handling of electronic claims. Each paper claim must be
opened, date-stamped, numbered, scanned, and uploaded to eCRB, and
details from the paper claim must be entered manually into eCRB to
generate an electronic claim.
More critically, acceptance of paper claims creates a dependency on
the receipt and processing of mail and courier deliveries. The current
disruption at the Library of Congress to both mail processing and
acceptance of courier deliveries because of the COVID-19 pandemic
demonstrates the risk to claims processing of that dependency.
In order to eliminate the need for resource-intensive manual
processing of paper claims and to mitigate the risk to CRB operations
of a disruption to normal mail and courier delivery, and having
received no comments from the public in response to the May 6, 2020
proposed rule, the Judges hereby amend 37 CFR part 360 to require that
all claims be filed online through eCRB.
List of Subjects in 37 CFR Part 360
Administrative practice and procedure, Cable royalties, Claims,
Copyright, Electronic filing, Satellite royalties.
For the reasons set forth in the preamble, and under the authority
of chapter 8, title 17, United States Code, the Copyright Royalty
Judges hereby amend part 360 of title 37 of the Code of Federal
Regulations as follows:
Subchapter C--Submission of Royalty Claims
PART 360--FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER
COMPULSORY LICENSE
0
1. The authority citation for part 360 continues to read as follows:
Authority: 17 U.S.C. 801, 803, 805.
Subpart A also issued under 17 U.S.C. 111(d)(4) and 119(b)(4).
Subpart B also issued under 17 U.S.C. 1007(a)(1).
Subpart C also issued under 17 U.S.C. 111(d)(4), 119(b)(4) and
1007(a)(1).
Subpart A--Cable and Satellite Claims
Sec. 360.3 [Amended]
0
2. Amend Sec. 360.3 by:
0
a. In paragraph (b), removing the words ``or by mail or hand delivery
in accordance with Sec. 301.2'';
0
b. Removing paragraph (d); and
0
c. Redesignating paragraph (e) as paragraph (d).
0
3. Amend Sec. 360.4 by:
0
a. Revising paragraph (a);
0
b. Removing paragraph (b)(1)(v);
0
c. Redesignating paragraph (b)(1)(vi) as paragraph (b)(1)(v);
0
d. Revising paragraph (b)(2)(i);
0
e. In paragraph (b)(2)(iii), removing the words ``for claims submitted
through eCRB'';
0
f. Removing paragraph (b)(2)(v); and
0
g. Redesignating paragraph (b)(2)(vi) as paragraph (b)(2)(v).
The revisions read as follows:
Sec. 360.4 Form and content of claims.
(a) Electronic filing. (1) Each filer must file claims online using
the claims filing feature of eCRB to claim cable compulsory license
royalty fees or satellite compulsory license royalty fees and must
provide all information required by the online form and its
accompanying instructions.
(2) Filers may access eCRB at https://app.crb.gov. The claims
filing feature for claims to cable compulsory license royalty fees and
satellite compulsory license royalty fees will be available only during
the month of July.
(b) * * *
(2) * * *
(i) With the exception of joint claims filed by a performing rights
society on behalf of its members, a list including the full legal name,
address, and email address of each copyright owner whose claim(s) are
included in the joint claim. Claims must include an Excel spreadsheet
containing the information if the number of joint claimants is in
excess of ten.
* * * * *
Sec. 360.5 [Removed]
0
4. Remove Sec. 360.5.
Subpart B--Digital Audio Recording Devices and Media (DART) Royalty
Claims
0
5. Amend Sec. 360.22 by:
0
a. Revising paragraph (a);
0
b. In paragraph (b)(2), removing the words ``for claims submitted
through eCRB'';
0
c. Removing paragraph (c);
0
d. Redesignating paragraphs (d), (e), and (f) as paragraphs (c), (d),
and (e) respectively; and
0
e. Revising newly redesignated paragraph (d).
The revisions read as follows:
Sec. 360.22 Form and content of claims.
(a) Electronic filing. (1) Each claim to DART royalty payments must
be filed online using the claims filing feature of eCRB and must
contain the information required by the online form and its
accompanying instructions.
[[Page 37753]]
(2) Filers may access eCRB at https://app.crb.gov. The claims
filing feature for claims to DART royalty payments will be available
only during the months of January and February.
* * * * *
(d) List of claimants. If the claim is a joint claim, it must
include the name of each claimant participating in the joint claim.
Filers submitting joint claims on behalf of ten or fewer claimants,
must list the name of each claimant included in the joint claim
directly on the filed joint claim. Filers submitting joint claims on
behalf of more than ten claimants must include an Excel spreadsheet
listing the name of each claimant included in the joint claim.
* * * * *
Sec. 360.23 [Removed]
0
6. Remove Sec. 360.23.
Sec. 360.24 [Redesignated as Sec. 360.23 and Amended]
0
7. Redesignate Sec. 360.24 as Sec. 360.23 and, in newly redesignated
Sec. 360.23(b), add the words ``online through eCRB'' after the word
``notice''.
Subpart C--Rules of General Application
0
8. Amend Sec. 360.30 by adding a sentence at the end of the paragraph
to read as follows:
Sec. 360.30 Amendment of claims.
* * * All Notices of Amendment must be filed online through eCRB.
0
9. Amend Sec. 360.31 by adding a sentence at the end of the paragraph
to read as follows:
Sec. 360.31 Withdrawal of claims.
* * * All Notices of Withdrawal of Claim(s) must be filed online
through eCRB.
Dated: June 16, 2020.
Jesse M. Feder,
Chief United States Copyright Royalty Judge.
Approved by:
Carla Hayden,
Librarian of Congress.
[FR Doc. 2020-13554 Filed 6-23-20; 8:45 am]
BILLING CODE 1410-72-P
