[Federal Register Volume 74, Number 148 (Tuesday, August 4, 2009)]
[Rules and Regulations]
[Pages 38532-38533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-18462]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 351

[Docket No. RM 2009-5]


Proceedings of the Copyright Royalty Board; Remand

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Interim rule and request for comments.

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SUMMARY: The Copyright Royalty Board is issuing an interim regulation 
to amend its procedural regulations to include a provision governing 
remands of final determinations pursuant to the Copyright Act, which 
sets forth in significant detail the procedural structure to be 
followed by the Copyright Royalty Judges in making determinations to 
distribute royalty fees and establish royalty rates and terms under the 
various statutory licenses of the Copyright Act. The Judges have 
adopted regulations governing the conduct of these proceedings.

DATES: Effective Date: August 4, 2009.
    Comments are due no later than September 3, 2009.

ADDRESSES: Comments may be sent electronically to <a href="/cdn-cgi/l/email-protection#83e0f1e1c3efece0ade4ecf5"><span class="__cf_email__" data-cfemail="6c0f1e0e2c00030f420b031a">[email protected]</span></a>. In the 
alternative, send an original, five copies, and an electronic copy on a 
CD either by mail or hand delivery. Please do not use multiple means of 
transmission. Comments may not be delivered by an overnight delivery 
service other than the U.S. Postal Service Express Mail. If by mail 
(including overnight delivery), comments must be addressed to: 
Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If 
hand delivered by a private party, comments must be brought to the 
Copyright Office Public Information Office, Library of Congress, James 
Madison Memorial Building, Room LM-401, 101 Independence Avenue, SE., 
Washington, DC 20559-6000. If delivered by commercial courier, comments 
must be delivered between 8:30 a.m. and 4 p.m. to the Congressional 
Courier Acceptance Site located at 2nd and D Street, NE., Washington, 
DC, and the envelope must be addressed 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 e-
mail at <a href="/cdn-cgi/l/email-protection#16756474567a797538717960"><span class="__cf_email__" data-cfemail="37544555775b585419505841">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Section 803 of the Copyright Act, 17 U.S.C., 
sets forth in significant detail the procedural structure to be 
followed by the Copyright Royalty Judges in making determinations to 
distribute royalty fees and establish royalty rates and terms under the 
various statutory licenses of the Copyright Act. Pursuant to the 
authority granted us in 17 U.S.C. 803(b)(6), the Judges have adopted 
regulations, set forth in Subchapter B, Chapter III of title 37 of the 
Code of Federal Regulations, governing the conduct of these 
proceedings. Every proceeding to distribute royalty fees or establish 
royalty rates and terms results in a final determination of the Judges 
that is reviewable by the United States Court of Appeals for the 
District of Columbia Circuit, 17 U.S.C. 803(d). The Court of Appeals 
may, inter alia, vacate a determination or portion thereof, and remand 
to the Judges for further action. Until today, the Judges did not have 
any procedural regulations in place for handling the disposition of a 
remand.
    On July 7, 2009, and again on July 10, 2009, the Court of Appeals 
issued decisions reviewing the first two royalty rate proceedings 
conducted under the Copyright Royalty Judges system. See SoundExchange, 
Inc. v. Librarian of Congress, No. 08-1078, 2009 WL 1930180 (D.C. Cir. 
July 7, 2009); Intercollegiate Broadcast System, Inc. v. Copyright 
Royalty Board, No. 07-1123, 07-1168, 07-1172, 07-1174, 07-1177, 07-
1178, 2009 WL 1978453 (D.C. Cir. July 10, 2009). Although the Court 
affirmed the determinations of the Judges in the main, each case 
remanded an issue for further consideration by the Judges. Lacking any 
regulations governing the procedures for disposing of remands, the 
adoption of today's interim regulation is necessary for these and any 
future cases.
    The interim regulation provides that, within 45 days of the date of 
issuance of the mandate of a decision of the Court of Appeals remanding 
a determination of the Judges, the parties to the proceeding shall 
submit, in writing, their proposals setting forth the procedures and 
schedule to be followed in addressing the remand. The interim rule is 
purposely flexible to permit the Judges, and the parties, to address 
the particulars of each remand before the Judges in an effort to 
promote administrative efficiency and reduce costs.
    Interested parties are encouraged to offer comments as to the 
interim regulation as well as propose any additional procedures or 
regulations necessary for the handling of remands.

List of Subjects in 37 CFR Part 351

    Administrative practice and procedure, Copyright.

Interim Regulation

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For the reasons set forth in the preamble, the Copyright Royalty Judges 
are amending part 351 of 37 CFR as follows:

[[Page 38533]]

PART 351--PROCEEDINGS

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1. The authority citation for part 351 is revised to read as follows:

    Authority: 17 U.S.C. 803.


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2. Part 351 is amended by adding Sec.  351.15 to read as follows:


Sec.  351.15  Remand.

    In the event of a remand from the United States Court of Appeals 
for the District of Columbia Circuit of a final determination of the 
Copyright Royalty Judges, the parties to the proceeding shall within 45 
days from the issuance of the mandate from the Court of Appeals file 
with the Judges written proposals for the conduct and schedule of the 
resolution of the remand.

    Dated: July 16, 2009.
James Scott Sledge,
U.S. Chief Copyright Royalty Judge.
James H. Billington,
The Librarian of Congress.
[FR Doc. E9-18462 Filed 8-3-09; 8:45 am]
BILLING CODE 1410-72-P


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