[Federal Register Volume 65, Number 115 (Wednesday, June 14, 2000)]
[Notices]
[Pages 37412-37413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14976]


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LIBRARY OF CONGRESS

Copyright Office

[Docket No. 99-3 CARP DD 95-98]


Distribution of 1995, 1996, 1997, and 1998 Digital Audio 
Recording Technology Royalties

AGENCY: Copyright Office, Library of Congress.

ACTION: Suspension of proceeding; Resumption of initiation of 
arbitration.

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[[Page 37413]]

SUMMARY: The Copyright Office of the Library of Congress is announcing 
the suspension of the proceeding to distribute the 1995-98 digital 
audio recording technology (``DART'') royalties in the Musical Works 
Funds from May 16, 2000, to June 16, 2000. The 180-day arbitration 
period for the proceeding will resume on June 16, 2000.

EFFECTIVE DATE: June 16, 2000.

ADDRESSES: All hearings and meetings for the 1995-98 DART distribution 
proceeding shall take place in the James Madison Memorial Building, 
Room LM-414, First and Independence Avenue, SE, Washington, DC 20540.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or 
Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel 
(``CARP''), P.O. Box 70977, Southwest Station, Washington, DC 20024. 
Telephone: (202) 707-8380. Telefax: (202) 252-3423.

SUPPLEMENTARY INFORMATION:

Background

    On April 10, 2000, the Copyright Office published a notice in the 
Federal Register announcing that the initiation of the 180-day 
arbitration period for the distribution of the 1995-98 digital audio 
recording technology (``DART'') royalties in the Musical Works Funds 
would begin on April 10, 2000. 65 FR 19025 (April 10, 2000). The notice 
also announced the two arbitrators selected by the Librarian to serve 
on the Copyright Arbitration Royalty Panel (``CARP'') for the 
proceeding. In accordance with 17 U.S.C. 802(b), the two arbitrators 
selected a third arbitrator to serve as the chairperson of the panel. 
However, on May 25, 2000, the third arbitrator resigned from the 
position of chairperson out of concern that potential conflicts of 
interest, which were not known to the arbitrator at the time of 
selection, may exist under Sec. 251.32. Because of these concerns, the 
Copyright Office canceled the initial meeting between the parties and 
the original panel of arbitrators that had been set for May 16, 2000.
    Section 251.6(f) provides that when an arbitrator is unable to 
continue to serve on a CARP before the commencement of hearings in a 
proceeding, the Librarian ``will suspend the proceeding.'' The notice 
published today serves as notice that the proceeding is suspended from 
May 16, 2000, to June 16, 2000. The 180-day arbitration period will 
resume on June 16, 2000. Section 251.6(f) further provides that if the 
resulting vacancy was ``previously occupied by the chairperson, the two 
remaining arbitrators shall select, the replacement from the arbitrator 
list, and the person chosen shall serve as chairperson.'' Accordingly, 
the remaining two arbitrators selected a new chairperson.

Selection of Arbitrators

    In accordance with Sec. 251.64 of the CARP rules, the arbitrators 
selected for this proceeding are: The Honorable Cheryl I. Niro 
(Chairperson), The Honorable John B. Farmakides, The Honorable Harold 
Himmelman.

Initiation of the Proceeding

    In accordance with Sec. 251.8(a) of the CARP rules, which provides 
that a suspended proceeding will resume ``from the time and point at 
which it was suspended,'' the 180-day period to determine the 
distribution of the 1995-98 digital audio recording technology 
(``DART'') royalties in the Musical Works Funds, resumes on June 16, 
2000. Thus, the 180-day period arbitration period recommences on June 
16, 2000, and the arbitrators shall file their written report with the 
Librarian of Congress by November 13, 2000, in accordance with 
Sec. 251.53 of 37 CFR.
    A meeting between the participants in the distribution proceeding 
and the arbitrators shall take place on Monday, June 19, 2000, at 1 
p.m. at the Library of Congress, James Madison Building, LM-414, First 
and Independence Avenue, SE, Washington, DC, to discuss the hearing 
schedule and any other procedural matters. The meeting is open to the 
public. Scheduling of the 1995-98 DART royalty distribution 
proceedings, as required by 37 CFR 251.11(b), as soon as it is 
available.

    Dated: June 9, 2000.
David O. Carson,
General Counsel.
[FR Doc. 00-14976 Filed 6-13-00; 8:45 am]
BILLING CODE 1410-33-M