[Federal Register Volume 66, Number 81 (Thursday, April 26, 2001)]
[Proposed Rules]
[Pages 20958-20962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10424]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 252 and 257

[Docket No. RM 2001-3 CARP]


Cable and Satellite Statutory Licenses

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Copyright Office of the Library of Congress is clarifying 
the requirements for the submission of claims for royalties under the 
cable statutory license, 17 U.S.C. 111, and the satellite statutory 
license, 17 U.S.C. 119.

DATES: Comments are due no later than May 21, 2001.

ADDRESSES: If sent by mail, an original and ten copies of comments 
should be addressed to: Office of the Copyright General Counsel, P.O. 
Box 70977, Southwest Station, Washington, DC 20024. If hand delivered, 
an original and ten copies should be brought to: Office of the 
Copyright General Counsel, James Madison Memorial Building, Room LM-
403, First and Independence Avenues, SE., Washington, DC 20559-6000.

FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel or

[[Page 20959]]

William J. Roberts, Jr., Senior Attorney for Compulsory Licenses, 
Copyright Arbitration Royalty Panel, P.O. Box 70977, Southwest Station, 
Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 252-
3423.

SUPPLEMENTARY INFORMATION:

Background

    At issue in this rulemaking proceeding are the filing requirements 
for claiming royalty fees under the cable statutory license, 17 U.S.C. 
111, and the satellite statutory license, 17 U.S.C. 119. The cable 
statutory license permits cable systems to retransmit to their 
subscribers the signals of television and radio broadcast stations upon 
semi-annual submission of royalty payments to the Copyright Office. 
Similarly, the satellite statutory license permits satellite carriers 
to retransmit to their subscribers the signals of distant television 
stations upon semi-annual submission of royalty payments to the 
Copyright Office. The Copyright Office deposits the received cable and 
satellite royalty fees in interest-bearing accounts with the U.S. 
Treasury for later distribution to owners of the copyrighted broadcast 
programming retransmitted by both cable and satellite. It is the 
process for filing claims to these royalty fees that the Copyright 
Office is reexamining in this Notice of Proposed Rulemaking (``NPRM'').
    Both section 111 and section 119 describe in general terms the 
process for filing claims to royalty fees. Section 111(d)(3) provides 
that cable royalty fees shall ``be distributed to those among the 
following copyright owners who claim that their works were the subject 
of secondary transmissions by cable systems during the relevant 
semiannual accounting period:

    (A) Any such owner whose work was included in a secondary 
transmission made by a cable system of a nonnetwork television 
program in whole or in part beyond the local service area of the 
primary transmitter; and
    (B) Any such owner whose work was included in a secondary 
transmission identified in a special statement of account deposited 
under clause (1)(A); and
    (C) Any such owner whose work was included in nonnetwork 
programming consisting exclusively of aural signals carried by a 
cable system in whole or in part beyond the local service area of 
the primary transmitter of such programs.

17 U.S.C. 111(d)(3). Section 111(d)(4)(A) prescribes the annual process 
for filing claims to cable royalties:

    During the month of July in each year, every person claiming to 
be entitled to statutory license fees for secondary transmissions 
shall file a claim with the Librarian of Congress, in accordance 
with requirements that the Librarian of Congress shall prescribe by 
regulation. Notwithstanding any provisions of the antitrust laws, 
for purposes of this clause any claimants may agree among themselves 
as to the proportionate division of statutory licensing fees among 
them, may lump their claims together and file them jointly or as a 
single claim, or may designate a common agent to receive payment on 
their behalf.

17 U.S.C. 111(d)(4)(A).
    Though different in certain limited respects, the language 
regarding royalty claims appearing in the section 119 license is 
modeled after the section 111 language. Section 119(b)(3) prescribes 
that satellite license royalty fees shall ``be distributed to those 
copyright owners whose works were included in a secondary transmission 
for private home viewing made by a satellite carrier during the 
applicable 6-month accounting period and who file a claim with the 
Librarian of Congress under paragraph (4).'' Paragraph (4)(A) provides 
that:

    During the month of July in each year, each person claiming to 
be entitled to statutory license fees for secondary transmissions 
for private home viewing shall file a claim with the Librarian of 
Congress, in accordance with requirements that the Librarian of 
Congress shall prescribe by regulation. For purposes of this 
paragraph, any claimants may agree among themselves as to the 
proportionate division of statutory license fees among them, may 
lump their claims together and file them jointly or as a single 
claim, or may designate a common agent to receive payment on their 
behalf.

17 U.S.C. 119(b)(4)(A).
    These are the statutory provisions governing cable and satellite 
royalty claims. The Librarian of Congress has prescribed the filing 
requirements for the submission of cable and satellite royalty claims. 
Part 252 of 37 CFR establishes the filing requirements for cable 
claims, while part 257 establishes the filing requirements for 
satellite claims. Of relevance to this NPRM are the sections of those 
parts that deal with the content of the claims filed.
    There are no forms for filing a cable or satellite royalty 
claim.\1\ There are, however, formats for submitting cable and 
satellite claims. Section 252.3, 37 CFR, puts forward the required 
content of a cable claim:
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    \1\ The Copyright Royalty Tribunal eschewed issuing forms to 
complete a cable or satellite royalty claim. When the Tribunal was 
abolished in 1993, the Library of Congress subsumed the Tribunal's 
rules, and continued the practice of not printing or issuing forms.

    (a) Claims filed by parties claiming to be entitled to cable 
compulsory license royalty fees shall include the following 
information:
    (1) The full legal name of the person or entity claiming royalty 
fees.
    (2) The telephone number, facsimile number, if any, and full 
address, including a specific number and street name or rural route, 
of the place of business of the person or entity.
    (3) If the claim is a joint claim, a concise statement of the 
authorization for the filing of the joint claim, and the name of 
each claimant to the joint claim. For this purpose, a performing 
rights society shall not be required to obtain from its members or 
affiliates separate authorizations, apart from their standard 
membership affiliate agreements, or to list the name of each of its 
members or affiliates in the joint claim.
    (4) For individual claims, a general statement of the nature of 
the claimant's copyrighted works and identification of at least one 
secondary transmission by a cable system of such works establishing 
a basis for the claim. For joint claims, a general statement of the 
nature of the joint claimants' copyrighted works and identification 
of at least one secondary transmission of one of the joint 
claimants' copyrighted works by a cable system establishing a basis 
for the joint claim.
    (b) Claims shall bear the original signature of the claimant or 
of a duly authorized representative of the claimant.

37 CFR 252.3. The language of Sec. 257.3, governing the content of 
satellite claims, is the same as Sec. 252.3.

History of Claim Requirements

    Submission and resolution of cable, and later satellite, claims 
originally vested solely in the Copyright Royalty Tribunal. It was the 
Tribunal that first imposed the filing requirements for both licenses 
and decided against issuing standardized forms. The Library of Congress 
inherited the Tribunal's regulation upon its dissolution in 1993. See 
58 FR 67690 (December 22, 1993). As discussed below, the Librarian has 
made some changes to the content requirements for both cable and 
satellite claims.
    From 1978 to the end of 1993, the Copyright Royalty Tribunal 
received and processed cable claims. Section 302.7(a) of the Tribunal's 
regulation prescribed the content requirements for those claims:

    During the month of July of each year, every person claiming to 
be entitled to compulsory license fees for secondary transmissions 
during the preceding calendar year shall file a claim to such fees 
in the office of the Copyright Royalty Tribunal. No royalty fees 
shall be distributed to copyright owners for secondary transmissions 
during the specified period unless such owner has filed a claim to 
such fees during the following calendar month of July. For purposes 
of this clause claimants may file claims jointly or as a single 
claim. Such filing shall include such information as the Copyright 
Royalty Tribunal may require. A joint claim shall include a concise 
statement of the authorization for the filing of the joint claim. A 
performing rights society shall not

[[Page 20960]]

be required to obtain from its members or affiliates separate 
authorizations, apart from their standard agreements, for purposes 
of this filing and fee distribution.

37 CFR 302.7(a) (1993). Subsection (b) of that regulation required the 
full name and address of the ``person or entity claiming compulsory 
license fees,'' along with identification of at least one secondary 
transmission of that person's or entity's program by a cable system.
    The purpose of the Tribunal's regulations governing the filing of 
cable claims is evident: identify who the claimants are to the royalty 
pool and assure that they have asserted a prima facie claim for section 
111 royalties. While the regulation states that ``every person claiming 
to be entitled to compulsory license fees'' may file a claim, the 
regulation further states that ``[n]o royalty fees shall be distributed 
to copyright owners for secondary transmissions during the specified 
period unless such owner has filed a claim to such fees during the 
following calendar month of July.'' 37 CFR 302.7(a) (1993).
    The Tribunal's regulations for the filing of satellite claims were 
adopted soon after the passage of the Satellite Home Viewer Act of 
1988, which enacted the section 119 license. Not surprisingly, the 
Tribunal copied the same language it used for the required content of 
cable claims. However, with respect to the submission of a joint claim, 
the Tribunal's regulation permitted the filing of a joint claim but did 
not require a concise statement of the authorization for the filing of 
the joint claim. 37 CFR 309.2 (1993).
    When the Tribunal's responsibilities were assumed by the Library, 
the Library proposed changes to the regulations for filing cable and 
satellite claims.\2\ Proposed new Sec. 252.2 read:
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    \2\ The Library used the same language for the satellite royalty 
claim regulations, 37 CFR 257.

    During the month of July each year, any party claiming to be 
entitled to cable compulsory license royalty fees for secondary 
transmissions of one or more of its works during the preceding 
calendar year shall file a claim to such fees with the Copyright 
Office. No royalty fees shall be distributed to a party for 
secondary transmissions during the specified period unless such 
party has timely filed a claim to such fees. Claimants may file 
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claims jointly or as a single claim.

59 FR 2550, 2564 (January 18, 1994). The Library did not state why it 
changed slightly the wording of the former Tribunal's regulation but 
did propose a new Sec. 252.3 which incorporated some of the same 
principles. Section 252.3(a)(3) stated that ``[i]f the claim is a joint 
claim, a concise statement of the authorization for the filing of the 
joint claim [is required]. For this purpose a performing rights society 
shall not be required to obtain from its members or affiliates separate 
authorizations, apart from their standard agreements.'' 59 FR at 2565. 
The Library also proposed Sec. 252.3(e) which stated that ``[a]ll 
claimants filing a joint claim shall make available to the Copyright 
Office, other claimants, and, where applicable, a Copyright Arbitration 
Royalty Panel, a list of all individual claimants covered by the joint 
claim.'' 59 FR at 2565.
    One commentator to the NPRM, the Public Broadcasting Service 
(``PBS''), raised concerns about Sec. 252.3(e), wondering whether, in 
the case of a joint claim, each claimant was required to identify at 
least one secondary transmission. The Library responded:

    We acknowledge that Sec. 252.3 as proposed in the NPRM muddies 
the waters for the filing of cable royalty claims, and of satellite 
royalty claims as well. We are troubled, however, by changing what 
had been a longstanding requirement at the Tribunal for obliging all 
claimants to identify at least one secondary transmission of their 
copyrighted works. While such requirement does undoubtably add to 
the time and expense burdens of joint claimants such as PBS, it is 
not without purpose. The law states plainly that cable compulsory 
license royalties are only to be distributed to ``copyright owners 
who claim that their works were the subject of secondary 
transmissions by cable systems during the relevant semiannual 
period.'' 17 U.S.C. 111(d)(3). To support such a claim, each 
claimant may reasonably be asked to identify at least one secondary 
transmission of his or her work, thus permitting the Copyright 
Office to screen the claims and dismiss any claimants who are 
clearly not eligible for royalty fees. The requirement will also 
help to reduce time spent by a CARP determining which claimants have 
a valid claim: if only one secondary transmission is identified for 
one of the joint claimants, then it could not readily be determined 
if the other claimants were even eligible for cable royalties.
    In an effort to end this confusion we are deleting subsection 
(e) with its requirement that joint claimants submit a list 
identifying all the claimants. Instead, we are amending subsection 
(a)(4) to require that each claimant to a joint claim, other than a 
joint claim filed by a performing rights society on behalf of its 
members or affiliates, must identify at least one secondary 
transmission of his or her works.

59 FR 23964, 23979 (May 9, 1994).
    A hail of protest followed the Library's change of the joint claim 
rule. Several copyright owner groups, including Program Suppliers, 
argued that a requirement that each joint claimant submit evidence of a 
secondary transmission was unnecessary and expensive and was not a 
practice observed by the CRT. Program Suppliers went further and argued 
that the Copyright Office should refrain from any examination or 
screening of claims as a regular practice, and leave such activities 
and eligibility issues to the claimants to raise through motions either 
to the Librarian or the CARPs. 59 FR 63025, 63027 (December 7, 1994).
    On reconsideration, the Library dropped the requirement that each 
joint claimant identify a secondary transmission. The Library noted 
that ``[t]he amended rule, however, does require each joint claim to 
identify all claimants participating in the joint claim. Those who are 
not identified in the joint claim may not be added to it after the 
filing period.'' Id. at 63028. \3\ The amended Sec. 252.3(a)(3) of the 
rules, which is the current rule, reads in pertinent part: ``If the 
claim is a joint claim, a concise statement of the authorization for 
the filing of the joint claim, and the name of each claimant to the 
joint claim [is required].'' Id. at 63042. Once again, the same 
language was used for satellite claims. See 37 CFR 257.3.
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    \3\ An exception to this requirement was made for performing 
rights societies, such as ASCAP and BMI. That exception, however, 
has no application in this rulemaking proceeding.
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The Need for Change

    All in all, the process for filing cable and satellite claims has 
worked well through the years. However, a recent cable distribution 
proceeding has revealed certain infirmities that require attention. 
Specifically, we are reconsidering who may file a cable or satellite 
claim, and under what circumstances a joint claim may be filed.
    Who may file a cable or satellite royalty claim? In most instances, 
the claims received by the Copyright Office for cable and satellite 
fees are single claims filed by a copyright owner who owns one or more 
of the exclusive rights to a program (or more than one program) that 
has been retransmitted by a cable system or satellite carrier and who 
is claiming statutory royalties for the retransmission of that program. 
Both the cable and the satellite licenses plainly state that it is the 
copyright owner, and only the copyright owner, whose work has been 
retransmitted by a cable system or satellite carrier who is eligible to 
receive a distribution of royalty fees. 17 U.S.C. 111(d)(3) & 
119(b)(3). Consequently, there seems to be no question that it is 
acceptable for a copyright owner of a retransmitted work to submit the 
claim for cable or satellite fees.

[[Page 20961]]

    Is it permissible for someone other than the copyright owner of the 
work identified in the claim to submit the claim? The Copyright Royalty 
Tribunal's old rules could be read as permitting only copyright owners 
and performing rights societies to file royalty claims. See 37 CFR 
302.7(a) (1993) (``No royalties shall be distributed to copyright 
owners * * * unless such owner has filed a claim to such fees during 
the following calendar month of July,'' but performing rights societies 
are not required to obtain separate authorizations from members or 
affiliates). The Library's rules, however, state that ``any party'' 
claiming to be entitled to cable or satellite royalty fees may file a 
claim. 37 CFR 252.2 & 257.2. ``Any party'' is quite broad and can 
include holders of one or more exclusive rights granted by copyright, 
as well as agents and representatives of copyright owners.
    It has come to the attention of the Library, as part of a recent 
cable royalty distribution proceeding, that the current standard for 
allowing any party claiming the cable or satellite fees to file a claim 
can produce unintended and undesirable results. See Order in Docket No. 
2000-2 CARP CD 93-97 (June 22, 2000). Specifically, this language could 
be interpreted by the public as allowing the filing of ``placeholder'' 
claims. A ``placeholder'' claim is a claim filed by a person who is not 
a copyright owner, but who files a cable or satellite claim in his or 
her own name, and then later asserts claims to royalties on behalf of 
copyright owners whose works were retransmitted by a cable system or 
satellite carrier. Placeholder claims are typically filed with the 
Copyright Office in the form of single claims, but in substance they 
are joint claims. Because the Copyright Office does not inquire as to 
the identity of the person or entity filing a cable or satellite claim 
(i.e. whether that person or entity is a copyright owner or another 
party), we cannot determine whether the claim is a properly filed 
single claim, or should be a joint claim identifying the appropriate 
represented copyright owners.
    Placeholder claims run afoul of the distribution process for cable 
and satellite royalties. The law states that cable and satellite 
royalties may only be distributed to copyright owners whose works were 
retransmitted by either cable systems or satellite carriers. \4\ 
Indeed, the purpose of filing claims is to permit identification of all 
copyright owners who are entitled to a distribution. \5\ Placeholder 
claims make it impossible to identify the copyright owners entitled to 
distribution. Further, both section 111 and section 119 plainly state 
that claims for royalty fees must be filed in the month of July to be 
eligible for distribution. Placeholder claims can circumvent this 
requirement by allowing the filer to enter into representation 
agreements with copyright owners after the July deadline, and 
effectively secure a distribution for those owners who had not filed 
timely claims. The Office has stated previously that it will not allow 
joint claims to be amended to add new parties after the July deadline, 
because this would thwart the purpose of the July filing requirement. 
59 FR 63025, 63028 (December 7, 1994). Placeholder claims produce this 
result, because the identity of the copyright owners represented by the 
party filing the placeholder claim will not be known until Notices of 
Intent to Participate in a CARP proceeding are filed. Presumably, the 
party filing the placeholder claim could then sign representation 
agreements with copyright owners who had not filed their own claims up 
until that date.
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    \4\ Both section 111 and section 119 permit copyright owners to 
designate a common agent for payment of royalty fees. 17 U.S.C. 
111(d)(4)(A) & 119(b)(4)(A). We do not interpret this language as 
authorizing the filing of placeholder claims. Rather, this language, 
``[claimants] may designate a common agent to receive payment on 
their behalf,'' allows the Library to distribute royalties to 
someone other than the copyright owner, provided that the owner has 
previously informed the Copyright Office of the identify of the 
common agent.
    \5\ The one exception to this is allowing performing rights 
societies, who literally represent thousands of copyright owners, to 
file one claim on behalf of all their members and affiliates. As 
discussed above, the Copyright Royalty Tribunal created this 
exception, and the Copyright Office has adopted this practice.
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Proposed Rule and Comments

    We wish to put an end to placeholder claims. To this end, we are 
proposing to amend parts 252 and 257 of the rules to clarify that any 
single claim filed with the Copyright Office (meaning a claim 
containing only one person's or entity's name and address) must be 
filed in the name of the copyright owner whose work was retransmitted 
by a cable system or a satellite carrier. The copyright owner 
submitting the single claim must provide the name, address and 
signature of the contact person for the claim, who can be the copyright 
owner, an employee of the copyright owner, an agent, or a duly 
authorized representative.
    Any claim which is filed for cable or satellite royalties that 
purports to cover more than one copyright owner must be filed as a 
joint claim. The joint claim must identify all copyright owners who are 
participating in the joint claim. If a joint claim omits the name of a 
copyright owner, and the joint claim is not amended to include the name 
of the copyright owner prior to the expiration of the July filing 
deadline, that copyright owner will not be considered to have filed a 
timely claim.
    We note that the practice of filing placeholder claims, in the 
context of joint claims, can also occur. The Copyright Office may 
receive, for example, a joint claim identifying three entities, only 
two of which are actually copyright owners of works retransmitted by 
cable or satellite. The third party is not a copyright holder, but 
instead represents current, and possibly future, copyright owners. The 
third party has filed a placeholder claim, which is inappropriate for 
the reasons described above. Consequently, the Library is proposing to 
amend its rules to prohibit the submission of placeholder claims for 
both single and joint claims.
    All interested parties are requested to file comments with the 
Copyright Office in accordance with the information set forth in this 
document. Unless persuaded otherwise by the commenters, the Office 
intends to issue final rules in time for the submission of cable and 
satellite royalty claims in July of this year.

Statutory Authority

    The Library of Congress initiates this rulemaking proceeding under 
its authority to establish regulations for the submission of cable 
statutory license claims and satellite statutory license claims. 17 
U.S.C. 111(d)(4)(A) & 119(b)(4)(A).

List of Subjects

37 CFR Part 252

    Copyright, Cable television, Claims.

37 CFR Part 257

    Copyright, Satellite television, Claims.

    In consideration of the foregoing, it is proposed that parts 252 
and 257 of 37 CFR Chapter II be amended as follows:

PART 252--FILING OF CLAIMS TO CABLE ROYALTY FEES

    1. The authority citation for part 252 continues to read as 
follows:

    Authority: 17 U.S.C. 111(d)(4), 801, 803.

    2. Section 252.3 is revised to read as follows:


Sec. 252.3  Content of claims.

    (a) Single claim. A claim filed on behalf of a single copyright 
owner of a work or works secondarily transmitted by a cable system 
shall include the following information:

[[Page 20962]]

    (1) The full legal name and address of the copyright owner entitled 
to claim the royalty fees.
    (2) A general statement of the nature of the copyright owner's work 
or works, and identification of at least one secondary transmission by 
a cable system of such work or works establishing a basis for the 
claim.
    (3) The name, telephone number, facsimile number, if any, and full 
address, including a specific number and street name or rural route, of 
the person or entity filing the single claim.
    (4) An original signature of the copyright owner or of a duly 
authorized representative of the copyright owner.
    (b) Joint claim. A claim filed on behalf of more than one copyright 
owner whose works have been secondarily transmitted by a cable system 
shall include the following information:
    (1) A list including the full legal name and address of each 
copyright owner to the joint claim entitled to claim royalty fees.
    (2) A concise statement of the authorization for the person or 
entity filing the joint claim. For this purpose, a performing rights 
society shall not be required to obtain from its members or affiliates 
separate authorizations, apart from their standard membership affiliate 
agreements, or to list the name of each of its members or affiliates in 
the joint claim as required by paragraph (b)(1) of this section.
    (3) A general statement of the nature of the copyright owners' 
works and identification of at least one secondary transmission of one 
of the copyright owners' work or works by a cable system establishing a 
basis for the joint claim and the identification of the copyright owner 
of each work so identified.
    (4) The name, telephone number, facsimile number, if any, and full 
address, including a specific number and street name or rural route, of 
the person filing the joint claim.
    (5) Original signatures of the copyright owners to the joint claim 
or of a duly authorized representative or representatives of the 
copyright owners.
    (c) In the event that the legal name and/or address of the 
copyright owner entitled to royalties or the person or entity filing 
the claim changes after the filing of the claim, the Copyright Office 
shall be notified of the change. If the good faith efforts of the 
Copyright Office to contact the copyright owner or person or entity 
filing the claim are frustrated because of failure to notify the Office 
of a name and/or address change, the claim may be subject to dismissal.

PART 257--FILING OF CLAIMS TO SATELLITE CARRIER ROYALTY FEES

    3. The authority citation for part 257 continues to read as 
follows:

    Authority: 17 U.S.C. 119(b)(4).

    2. Section 257.3 is revised to read as follows:


Sec. 257.3  Content of claims.

    (a) Single claim. A claim filed on behalf of a single copyright 
owner of a work or works secondarily transmitted by a satellite carrier 
shall include the following information:
    (1) The full legal name and address of the copyright owner entitled 
to claim the royalty fees.
    (2) A general statement of the nature of the copyright owner's work 
or works, and identification of at least one secondary transmission by 
a satellite carrier of such work or works establishing a basis for the 
claim.
    (3) The name, telephone number, facsimile number, if any, and full 
address, including a specific number and street name or rural route, of 
the person or entity filing the single claim.
    (4) An original signature of the copyright owner or of a duly 
authorized representative of the copyright owner.
    (b) Joint claim. A claim filed on behalf of more than one copyright 
owner whose works have been secondarily transmitted by a satellite 
carrier shall include the following information:
    (1) A list including the full legal name and address of each 
copyright owner to the joint claim entitled to claim royalty fees.
    (2) A concise statement of the authorization for the person or 
entity filing the joint claim. For this purpose, a performing rights 
society shall not be required to obtain from its members or affiliates 
separate authorizations, apart from their standard membership affiliate 
agreements, or to list the name of each of its members or affiliates in 
the joint claim as required by paragraph (b)(1) of this section.
    (3) A general statement of the nature of the copyright owners' 
works, identification of at least one secondary transmission of one of 
the copyright owners' work or works by a satellite carrier establishing 
a basis for the joint claim, and the identification of the copyright 
owner of each work so identified.
    (4) The name, telephone number, facsimile number, if any, and full 
address, including a specific number and street name or rural route, of 
the person filing the joint claim.
    (5) Original signatures of the copyright owners to the joint claim 
or of a duly authorized representative or representatives of the 
copyright owners.
    (c) In the event that the legal name and/or address of the 
copyright owner entitled to royalties or the person or entity filing 
the claim changes after the filing of the claim, the Copyright Office 
shall be notified of the change. If the good faith efforts of the 
Copyright Office to contact the copyright owner or person or entity 
filing the claim are frustrated because of failure to notify the Office 
of a name and/or address change, the claim may be subject to dismissal.

    Dated: April 23, 2001.
David O. Carson,
General Counsel.
[FR Doc. 01-10424 Filed 4-25-01; 8:45 am]
BILLING CODE 1410-33-P