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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.

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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
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