Federal Register: July 6, 2009 (Volume 74, Number 127)
DOCID: fr06jy09-113 FR Doc E9-15908
LIBRARY OF CONGRESS
Copyright Royalty Board
Docket ID: [Docket No. 2009-4 CRB DD 2005-2006]
NOTICE: NOTICES
DOCID: fr06jy09-113
DOCUMENT ACTION: Order denying request for distribution; Notice announcing commencement of proceeding and requesting petitions to participate.
SUBJECT CATEGORY:
Distribution of 2005 and 2006 Digital Audio Recording Royalty Funds
DATES: Petitions to Participate and the filing fee, if applicable, are due no later than August 5, 2009.
DOCUMENT SUMMARY:
The Copyright Royalty Judges are denying a request for distribution of digital audio recording technology (``DART'') royalties and announcing the commencement of a proceeding to determine the distribution of royalty fees in the 2005 and 2006 DART Sound Recordings Funds. The Judges also are announcing the date by which a party who wishes to participate in the distribution proceeding must file its Petition to Participate and the accompanying filing fee, if applicable.
SUMMARY:
Distribution of 2005 and 2006 Digital Audio Recording Royalty Funds
SUPPLEMENTAL INFORMATION
Background
On March 30, 2009, Edward Whitney Mazique filed a motion in which he requested a share of royalties remaining in the 2005 and 2006 Sound Recordings Funds.\1\ AARC opposes the motion, arguing, among other things, that the remaining royalties are still in controversy and that a hearing is required to determine their proper distribution. AARC contends, however, that such a hearing should be postponed indefinitely because the costs of holding one might ``outweigh the financial results of the proceeding.'' In light of the participants' continued inability to reach a settlement with respect to the remaining funds, a proceeding is warranted. Therefore, the motion is denied and the Judges hereby announce the commencement of a proceeding and request Petitions to Participate from interested persons. The Judges are consolidating the 2005 and 2006 royalty years into a single proceeding due to the low dollar amount in controversy and to enhance administrative efficiency. \1\ On July 23, 2007, the Judges ordered a distribution of 98% of the 2006 Sound Recordings Fund to the Alliance of Artists and Recording Companies (``AARC''). In the Matter of Distribution of 2006 Digital Audio Recording Royalty Funds, Docket No. 20072 CRB DD 2006. On November 16, 2006, the Judges ordered a distribution of 98% of the royalties in the 2005 Sound Recordings Fund to AARC and Donald Johnson. In the Matter of Distribution of 2005 Digital Audio Recording Royalty Funds, Docket No. 20064 CRB DD 2005. In the latter order, the Judges also denied AARC's motion to dismiss Mr. Mazique's claim. The current order concerns the remaining 2% of the 2005 and 2006 Sound Recordings Funds (both the Copyright Owners Subfund and the Featured Artists Subfund), which, according to AARC, total approximately $60,000 ($20,000 for the 2005 Fund and $40,000 for the 2006 Fund). Opposition of the Alliance of Artists and Recording Companies to Motion Filed By [Edward Mazique] at 5 (May 7, 2009). In his motion, Mr. Mazique asks that the remaining 2% of the 2005 and 2006 Sound Recordings Funds be divided equally among all claimants, including himself, other than AARC and ``any parties, individuals etc., that have arrangements or have already settled with AARC.''
Petitions to Participate
Petitions to Participate must be filed in accordance with 37 CFR
351.1(b). Petitions to Participate must be accompanied by a $150 filing
fee, if applicable.\2\ If a petitioner believes that the contested
amount of that petitioner's claim will be $10,000 or less, petitioner
shall state that in its petition and need not include the $150 filing fee.\3\
\2\ Parties must pay the filing fee with a check or money order
made payable to ``Copyright Royalty Board.'' If a check is returned
for lack of sufficient funds the corresponding Petition to Participate will be dismissed.
\3\ 37 CFR 351.1(b)(4).
In accordance with 37 CFR 350.2 (Representation), only attorneys
who are members of the bar in one or more states and in good standing
may represent parties before the Judges, unless a party is an individual who represents herself or himself.
Dated: June 30, 2009.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. E915908 Filed 7209; 8:45 am]
BILLING CODE 141072P
FOR FURTHER INFORMATION CONTACT
LaKeshia Brent, CRB Program Specialist, by telephone at (202) 7077658 or email at crb@loc.gov.