9146 Federal Register / Vol. 73, No. 33 / Tuesday, February 19, 2008 / Notices 

3The Register, however, takes no position on 

what the value of the minimum fee should be, or 

whether it could be a fee of zero. 

the Copyright Royalty Judges have been 

granted subpoena powers to compel 

participants or witnesses to appear and 

give testimony. See 17 U.S.C. 

803(b)(6)(C)(ix). 

Moreover, there is a practical reason 

for making this determination. The 

requirement in section 112(e)(4) to 

determine rates is logical in that the two 

licenses involve different rights. The 

section 112 statutory license applies to 

reproductions, while the section 114 

statutory license applies to public 

performances. Moreover, the 

beneficiaries of the section 114 license 

are not identical to the beneficiaries of 

the section 112 license. Royalties 

collected under section 114 are paid to 

the performers and the copyright 

owners of the sound recordings, i.e., 

usually the record companies; whereas, 

the royalties collected pursuant to the 

section 112 license are not paid to 

performers. Without separate rates for 

both the section 114 and 112 licenses, 

SoundExchange is unable to allocate 

properly the funds it collects as the 

Designated Agent and fulfill both its 

responsibility to distribute receipts to 

stakeholders of the public performance 

right under section 114(g) as well as its 

responsibility to distribute receipts to 

separate stakeholders of the 

reproduction right under section 112. 

Consequently, the Register finds that 

the Copyright Royalty Judges’ resolution 

to include rates for the section 112 

license within rates and terms for the 

section 114, without specifying what 

percentage, if any, is attributable to the 

section 112 license, does not fulfill the 

Copyright Royalty Judges’ responsibility 

to determine the value of the section 

112 license for ephemeral copies. Both 

the text and the legislative history of 

section 112 indicate Congress’ view that 

the rate setting body must determine the 

value of the section 112 license. See 17 

U.S.C. 112(e)(3) (requiring reasonable 

rates and terms of royalty payments for 

the activities specified by paragraph (1) 

which shall include a minimum fee for 

each type of service offered by 

transmitting organizations); DMCA 

Conf. Rpt., 105–796, at 89–91; DMCA 

Section-by-Section Analysis at 52–53, 

61–62. 

Conclusion 

Having reviewed the resolution by the 

Copyright Royalty Judges for legal error, 

the Register of Copyrights hereby 

concludes that in setting rates for the 

section 112 and 114 statutory licenses, 

the Copryight Royalty Judges must 

establish separate values for each of the 

two licenses and that rates for the 

section 112 license shall include a 

minimum fee.3 Pursuant to the 

requirements established in 802(f)(1)(D), 

the Register issues this written decision 

not later than 60 days after the dates on 

which the final determinations by the 

Copyright Judges were issued. This 

decision shall be binding as precedent 

upon the Copyright Royalty Judges in 

subsequent proceedings. 

Dated: February 14, 2008. 

Marybeth Peters, 

Register of Copyrights. 

[FR Doc. E8–3149 Filed 2–15–08; 8:45 am] 

BILLING CODE 1410–30–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

Sunshine Act; Notice of Agency 

Meeting 

TIME AND DATE: 10: a.m., Thursday, 

February 21, 2008. 

PLACE: Board Room, 7th Floor, Room 

7047, 1775 Duke Street, Alexandria, VA 

22314–3428. 

STATUS: Open. 

MATTERS TO BE CONSIDERED: 1. Quarterly 

Insurance Fund Report. 

2. Final Rule: Part 797 of NCUA’s 

Rules and Regulations, Procedures for 

Debt Collection. 

FOR FURTHER INFORMATION CONTACT: 

Mary Rupp, Secretary of the Board, 

Telephone: 703–518–6304. 

Mary Rupp, 

Secretary of the Board. 

[FR Doc. 08–770 Filed 2–14–08; 2:39 pm] 

BILLING CODE 7535–01–M 

THE NATIONAL FOUNDATION ON THE 

ARTS AND THE HUMANITIES 

Meetings of Humanities Panel 

AGENCY: The National Endowment for 

the Humanities. 

ACTION: Notice of meetings. 

SUMMARY: Pursuant to the provisions of 

the Federal Advisory Committee Act 

(Pub. L. 92–463, as amended), notice is 

hereby given that the following 

meetings of Humanities Panels will be 

held at the Old Post Office, 1100 

Pennsylvania Avenue, NW., 

Washington, DC 20506. 

FOR FURTHER INFORMATION CONTACT: 

Heather C. Gottry, Acting Advisory 

Committee Management Officer, 

National Endowment for the 

Humanities, Washington, DC 20506; 

telephone (202) 606–8322. Hearingimpaired individuals are advised that 

information on this matter may be 

obtained by contacting the 

Endowment’s TDD terminal on (202) 

606–8282. 

SUPPLEMENTARY INFORMATION: The 

proposed meetings are for the purpose 

of panel review, discussion, evaluation 

and recommendation on applications 

for financial assistance under the 

National Foundation on the Arts and the 

Humanities Act of 1965, as amended, 

including discussion of information 

given in confidence to the agency by the 

grant applicants. Because the proposed 

meetings will consider information that 

is likely to disclose trade secrets and 

commercial or financial information 

obtained from a person and privileged 

or confidential and/or information of a 

personal nature the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy, pursuant 

to authority granted me by the 

Chairman’s Delegation of Authority to 

Close Advisory Committee meetings, 

dated July 19, 1993, I have determined 

that these meetings will be closed to the 

public pursuant to subsections (c) (4), 

and (6) of section 552b of Title 5, United 

States Code. 

1. Date: March 4, 2008. 

Time: 9 a.m. to 5 p.m. 

Room: 415. 

Program: This meeting will review 

applications for Stabilization 3 in 

Preservation and Access Grants for 

Stabilizing Humanities Collections, 

submitted to the Division of 

Preservation and Access, at the October 

1, 2007 deadline. 

2. Date: March 6, 2008. 

Time: 9 a.m. to 5 p.m. 

Room: 415. 

Program: This meeting will review 

applications for Stabilization 4 in 

Preservation and Access Grants for 

Stabilizing Humanities Collections, 

submitted to the Division of 

Preservation and Access, at the October 

1, 2007 deadline. 

3. Date: March 13, 2008. 

Time: 9 a.m. to 5 p.m. 

Room: 415. 

Program: This meeting will review 

applications for National Digital 

Newspaper Program (NDNP) in National 

Digital Newspaper Program, submitted 

to the Division of Preservation and 

Access, at the November 1, 2007 

deadline. 

4. Date: March 13, 2008. 

Time: 9 a.m. to 5 p.m. 

Room: 315. 

Program: This meeting will review 

applications for Digital Humanities 

mstockstill on PROD1PC66 with NOTICES