[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Page 14298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05270]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 16-CRB-0010-SD (2014-17)]


Distribution of 2015-17 Satellite Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.

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SUMMARY: The Copyright Royalty Judges announce partial settlement of 
controversies and request comments on a motion for partial distribution 
of satellite television retransmission royalties for royalty years 
2015-17.

DATES: Comments are due on or before April 13, 2022.

ADDRESSES: Interested claimants must submit timely comments using eCRB, 
the Copyright Royalty Board's online electronic filing application, at 
https://app.crb.gov.
    Instructions: All submissions must include a reference to the CRB 
and docket number 16-CRB-0010-SD (2014-17). All submissions will be 
posted without change to eCRB at https://app.crb.gov including any 
personal information provided.
    Docket: For access to the docket to read submitted background 
documents or comments, go to eCRB, the Copyright Royalty Board's online 
electronic filing and case management system, at https://app.crb.gov 
and search for docket No. 16-CRB-0010-SD (2014-17).

FOR FURTHER INFORMATION CONTACT: Anita Brown, CRB Program Specialist, 
(202) 707-7658, <a href="/cdn-cgi/l/email-protection#87e4f5e5c7ebe8e4a9e0e8f1"><span class="__cf_email__" data-cfemail="0467766644686b672a636b72">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Each year satellite television providers 
must submit royalty payments to the Register of Copyrights as required 
by the statutory license set forth in section 119 of the Copyright Act 
for the retransmission to satellite service subscribers of over-the-air 
television broadcast signals. See 17 U.S.C. 119(b). The Copyright 
Royalty Judges (Judges) oversee distribution of royalties to copyright 
owners whose works were included in a qualifying retransmission and who 
timely filed a claim for royalties.
    Allocation of the royalties collected occurs in one of two ways. In 
the first instance, the Judges may authorize distribution in accordance 
with a negotiated settlement among all claiming parties. See id. at 
119(b)(5)(B), (C). If all claimants do not reach agreement with respect 
to the royalties, the Judges must conduct a proceeding to determine the 
distribution of any royalties that remain in controversy. Id. at 
119(b)(5)(B). Alternatively, the Judges may, on motion of claimants and 
on notice to all interested parties, authorize a partial distribution 
of royalties, reserving on deposit sufficient funds to resolve 
identified disputes. Id.; 17 U.S.C. 801(b)(3)(C).\1\
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    \1\ In authorizing a partial distribution under Section 
801(b)(3)(C), the Judges must conclude that no claimant entitled to 
receive the requested funds has stated a reasonable objection to the 
partial distribution and all such claimants must (1) agree to the 
partial distribution, (2) sign an agreement obligating them to 
return any excess amounts to the extent necessary to comply with the 
final determination on the distribution of the fees under section 
801(b)(3)(B); file the agreement with the Judges; and agree that 
such funds are available for distribution. 17 U.S.C. 801(b)(3)(C).
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    On September 15, 2021, the Judges received a Joint Notice of Final 
Allocation Phase Settlement and Motion for Further Distribution of 
2015-17 Satellite Royalties (Notice and Motion). The parties to the 
Notice and Motion are all participants self-identifying as ``Allocation 
Phase Parties'' in the 2014-17 satellite royalty distribution 
proceeding.\2\ The Allocation Phase Parties seek distribution of the 
funds in question under 17 U.S.C. 801(b)(3)(A).\3\ The Allocation Phase 
Parties represent that there are no remaining controversies regarding 
allocation of the 2015-17 satellite royalty funds among the self-
identified categories of claimants.
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    \2\ Participants self-identifying as Allocation Phase Parties 
are: Commercial Television Claimants; Settling Devotional Claimants; 
Joint Sports Claimants; Music Claimants comprising American Society 
of Composers, Authors and Publishers, Broadcast Music, Inc., and 
SESAC Performing Rights, LLC; and Program Suppliers.
    \3\ Under section 801(b)(3)(A), the Judges may authorize 
distribution of funds deposited under 17 U.S.C. 119, to the extent 
the Judges find that the distribution is not subject to controversy.
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    The moving parties concede, however, the existence of controversies 
within most of the claimant categories, viz., claims asserted by 
Multigroup Claimants to funds otherwise allocable to Program Suppliers, 
Joint Sports Claimants, and Devotional Claimants, and claims asserted 
by Global Music Rights LLC to funds allocable to the Music Claimants 
category. Accordingly, the Allocation Phase Parties request that the 
Judges reserve 5% of the 2015-17 Satellite Funds currently being held 
by the Copyright Office to address unresolved Distribution Phase 
controversies and distribute the remaining 95% of those to the 
Allocation Phase Parties pursuant to 17 U.S.C. 801(b)(3)(A). Notice and 
Motion at 1-2. The parties do not seek final distribution with respect 
to any of the allocation categories in which there are no allocation or 
distribution phase controversies.
    While the Judges cannot make the necessary finding to authorize the 
requested distribution under section 801(b)(3)(A), they will consider 
whether the requested distribution is warranted under section 
801(b)(3)(C). The Judges hereby solicit comments on the requested 
distribution to determine whether any claimant entitled to receive such 
royalty fees has a reasonable objection to the partial distribution and 
whether all claimants entitled to receive such fees is willing to agree 
to the stipulations for such distribution under section 801(b)(3)(C) 
(i)-(iv). The Notice and Motion is available for review in eCRB, the 
CRB electronic filing site, at https://app.crb.gov.

    Dated: March 8, 2022.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2022-05270 Filed 3-11-22; 8:45 am]
BILLING CODE 1410-72-P


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