Federal Register: September 9, 2009 (Volume 74, Number 173)
DOCID: fr09se09-95 FR Doc E9-21685
LIBRARY OF CONGRESS
Copyright Royalty Board
Docket ID: [Docket No. 2009-6 CRB CD 2007]
NOTICE: NOTICES
DOCID: fr09se09-95
DOCUMENT ACTION: Notice soliciting comments on motion of Phase I claimants for partial distribution.
SUBJECT CATEGORY:
Distribution of the 2007 Cable Royalty Funds
DATES: Comments are due on or before October 9, 2009.
DOCUMENT SUMMARY:
The Copyright Royalty Judges are soliciting comments on a motion of Phase I claimants for partial distribution in connection with the 2007 cable royalty funds.
SUMMARY:
Distribution of the 2007 Cable Royalty Funds
SUPPLEMENTAL 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
[[Page 46469]]
for the retransmission to cable subscribers of overtheair 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 August 12, 2009, representatives of the Phase I claimant
categories (the ``Phase I Parties'') \1\ filed with the Judges a motion
requesting a partial distribution of 50% of the 2007 cable royalty
funds. Under section 801(b)(3)(C) of the Copyright Act, the Judges must
publish a notice in the Federal Register seeking responses to the
motion for partial distribution to ascertain whether any claimant
entitled to receive such fees has a reasonable objection to the
requested distribution before ruling on the motion. Consequently, by
today's Notice, the Judges seek comments from interested claimants on
whether any reasonable objection exists that would preclude the
distribution of 50% of the 2007 cable royalty funds to the Phase I Parties.
\1\ The ``Phase I Parties'' are the Program Suppliers, Joint
Sports Claimants, Public Television Claimants, the National
Association of Broadcasters, the American Society of Composers,
Authors and Publishers, Broadcast Music, Inc., SESAC, Inc., Canadian
Claimants, National Public Radio, and the Devotional Claimants.
The Judges also seek comment on the existence and extent of any controversies to the 2007 cable royalty funds at Phase I with respect to the 50% of those funds that would remain if the partial distribution is granted. In Phase I of a cable royalty distribution, royalties are distributed to 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 broadcasterowned programming, religious programming, music, public radio programming, and Canadian programming. In Phase II of a cable royalty distribution, royalties are distributed to claimants within each of the Phase I categories.
The Judges must be advised of the existence and extent of all Phase I controversies by the end of the comment period. It will not consider any controversies that come to their attention after the close of that period.
The Motion of the Phase I Claimants for Partial Distribution is
posted on the Copyright Royalty Board Web site at http://www.loc.gov/ crb.
Dated: September 3, 2009.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. E921685 Filed 9809; 8:45 am]
BILLING CODE 141072P
FOR FURTHER INFORMATION CONTACT
Richard Strasser, Senior Attorney, or Gina Giuffreda, Attorney Advisor, by telephone at (202) 7077658 or e mail at crb@loc.gov.