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[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Notices]
[Page 59306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23361]

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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 14-CRB-0007-CD (2010-2012)]

Distribution of the 2012 Cable Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.

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SUMMARY: The Copyright Royalty Judges are soliciting comments on a 
motion of Phase I claimants for partial distribution in connection with 
the 2012 cable royalty funds. The Judges are also requesting comments 
as to the existence of Phase I and Phase II controversies with respect 
to the distribution of 2012 cable royalty funds.

DATES: Comments are due on or before October 31, 2014.

ADDRESSES: Comments may be sent electronically to crb@loc.gov. 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 
Library of Congress, James Madison Memorial Building, LM-401, 101 
Independence Avenue SE., Washington, DC 20559-6000. If delivered by a 
commercial courier, comments must be delivered to the Congressional 
Courier Acceptance Site located at 2nd and D Street NE., Washington, 
DC. 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: Lakeshia Keys, Program Specialist, by 
telephone at (202) 707-7658 or email at crb@loc.gov.

SUPPLEMENTARY INFORMATION: Each year cable systems must submit royalty 
payments to the Register of Copyrights as required by the statutory 
license set forth in section 111 of the Copyright Act for the 
retransmission to cable subscribers of over-the-air television and 
radio broadcast signals. See 17 U.S.C. 111(d). These royalties are then 
distributed to copyright owners whose works were included in a 
qualifying transmission and who timely filed a claim for royalties. 
Allocation of the royalties collected occurs in one of two ways. In the 
first instance, these funds will be distributed through a negotiated 
settlement among the parties. 17 U.S.C. 111(d)(4)(A). If the claimants 
do not reach an agreement with respect to the royalties, the Copyright 
Royalty Judges (``Judges'') must conduct a proceeding to determine the 
distribution of any royalties that remain in controversy. 17 U.S.C. 
111(d)(4)(B).
    On July 25, 2014, representatives of the Phase I claimant 
categories (the ``Phase I Parties'') \1\ filed with the Judges a motion 
requesting a partial distribution of 60% (as opposed to 50% as 
requested in recent cases) of the 2012 cable royalty funds pursuant to 
Section 801(b)(3)(C) of the Copyright Act. 17 U.S.C. 801(b)(3)(C). 
Under that section of the Copyright Act, before ruling on a partial 
distribution motion the Judges must publish a notice in the Federal 
Register seeking responses to the motion to ascertain whether any 
claimant entitled to receive such royalty fees has a reasonable 
objection to the proposed distribution. On September 12, 2014, the 
Phase I Parties filed a motion for expedited resolution of the pending 
motion. Consequently, this Notice seeks comments from interested 
claimants on whether any reasonable objection exists that would 
preclude the distribution of 60% of the 2012 cable royalty funds to the 
Phase I Parties. The Judges must be advised of the existence and extent 
of all such objections by the end of the comment period. The Judges 
will not consider any objections with respect to the partial 
distribution motion that come to their attention after the close of 
that period.
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    \1\ The ``Phase I Parties'' are the Program Suppliers, Joint 
Sports Claimants, Public Television Claimants, Commercial Television 
Claimants (represented by National Association of Broadcasters), 
Music Claimants (represented by American Society of Composers, 
Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), 
Canadian Claimants Group, National Public Radio, and Devotional 
Claimants. In Phase I of a cable royalty distribution proceeding, 
royalties are allocated among certain categories of broadcast 
programming that have been retransmitted by cable systems. The 
categories have traditionally been movies and syndicated television 
series, sports programming, commercial and noncommercial 
broadcaster-owned programming, religious programming, music, public 
radio programming, and Canadian programming. In Phase II of a cable 
royalty distribution proceeding, royalties are allocated among 
claimants within each of the Phase I categories.
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    The Judges also seek comment on the existence and extent of any 
controversies to the 2012 cable royalty funds at Phase I or Phase II 
with respect to those funds that would remain if the partial 
distribution were granted.
    The Motion of Phase I Claimants for Partial Distribution and the 
Joint Motion of Phase I Claimants for Expedited Resolution of Pending 
Motion for Partial Distribution are posted on the Copyright Royalty 
Board Web site at http://www.loc.gov/crb.

    Dated: September 23, 2014.
Suzanne Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2014-23361 Filed 9-30-14; 8:45 am]
BILLING CODE 1410-72-P
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