80_FR_67644 80 FR 67433 - Distribution of 2014 DART Sound Recordings Fund Royalties (Copyright Owners and Featured Artists Subfunds)

80 FR 67433 - Distribution of 2014 DART Sound Recordings Fund Royalties (Copyright Owners and Featured Artists Subfunds)

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 80, Issue 211 (November 2, 2015)

Page Range67433-67434
FR Document2015-27645

The Copyright Royalty Judges solicit comments on a motion for partial distribution in connection with 2014 DART Sound Recordings Fund royalties.

Federal Register, Volume 80 Issue 211 (Monday, November 2, 2015)
[Federal Register Volume 80, Number 211 (Monday, November 2, 2015)]
[Notices]
[Pages 67433-67434]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27645]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 15-CRB-0011 DART (SRF/CO) (2014)]


Distribution of 2014 DART Sound Recordings Fund Royalties 
(Copyright Owners and Featured Artists Subfunds)

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice soliciting comments on motion for partial distribution.

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SUMMARY: The Copyright Royalty Judges solicit comments on a motion for 
partial distribution in connection with 2014 DART Sound Recordings Fund 
royalties.

DATES: Comments are due on or before December 2, 2015.

ADDRESSES: This Notice is also posted on the agency's Web site 
(www.loc.gov/crb). Submit comments via email to crb@loc.gov. See the 
SUPPLEMENTARY

[[Page 67434]]

INFORMATION section below for instructions on submitting comments in 
other formats.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by 
telephone at (202) 707-7658 or email at crb@loc.gov.

SUPPLEMENTARY INFORMATION: On July 23, 2015, the Alliance of Artists 
and Recording Companies (AARC), on behalf of itself and claimants with 
which it has reached settlements (Settling Claimants) filed with the 
Copyright Royalty Judges (Judges) a Notice of Settlement and Request 
for Partial Distribution of the 2014 DART Sound Recordings Fund 
Featured Recording Artists and Copyright Owners Subfunds Royalties 
(Notice and Request). In the Notice and Request, AARC states that the 
Settling Claimants have agreed among themselves concerning distribution 
of the 2014 DART Sound Recordings Fund royalties from two subfunds: 
Copyright Owners and Featured Recording Artists.
    With respect to the Featured Recording Artists Subfund, AARC 
represents that it has reached settlements with all but one claimant 
(Herman Kelly) for that subfund and that the nonsettling claimant has 
unit sales totaling 1,287 in a universe of over one billion claimants' 
sound recordings sold in 2014. Notice and Request at 2.
    With respect to the Copyright Owners Subfund, AARC represents that 
it had reached settlements with all but four claimants (Dr. Dwight 
Sanders, Eric Burns, Tajai Music, Inc., and Afterschool Publishing 
Company (APC), which is affiliated with Herman Kelly). The Judges have 
since dismissed the claims of Dr. Sanders and Mr. Burns. Order 
Dismissing Claims of Burns and Sanders (Sept. 11, 2015). AARC 
represents that the nonsettling parties have combined record sales of 
794,469 units in a universe of nearly one billion record sales for 
2014. Notice and Request at 2.\1\
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    \1\ For his part, on August 7, 2015, Mr. Kelly filed a 
Settlement Proposal Offer and Request on behalf of himself and APC, 
in which Mr. Kelly appears willing to stipulate to the sales figure 
that AARC asserts is attributable to Mr. Kelly and APC. Mr. Kelly 
requests a ``proper equal share of any amounts from the 2014 
funds.'' Although the Copyright Royalty Board (CRB) has accepted Mr. 
Kelly's filings to date to the extent that Mr. Kelly is petitioning 
on his own behalf, CRB Rule 350.2 requires that all parties other 
than individuals ``must be represented by an attorney.'' 37 CFR 
350.2. Therefore, going forward, individual claimants may continue 
to represent their own interests before the CRB, but they may not 
represent the interests of other claimants or groups of claimants 
without a licensed attorney. The CRB Web site provides the names and 
contact information of licensed attorneys that have stated their 
willingness to represent pro se claimants free of charge.
---------------------------------------------------------------------------

    AARC requests a partial distribution of 98% from the Copyright 
Owners Subfund and an equal percentage from the Featured Recording 
Artists Subfund pursuant to Section 801(b)(3)(C) of the Copyright Act. 
Under that section of the Copyright Act, before ruling on a partial 
distribution motion the Judges must publish a notice in the Federal 
Register seeking responses to the motion to ascertain whether any 
claimant entitled to receive such royalty fees has a reasonable 
objection to the proposed distribution. 17 U.S.C. 801(b)(3)(C). 
Consequently, this Notice seeks comments from interested claimants on 
whether any reasonable objection exists that would preclude the 
distribution from the 2014 DART Sound Recordings Fund of 98% of the 
royalties in the Featured Recording Artists Subfund and 98% of the 
royalties in the Copyright Owners Subfund to the Settling Claimants. 
Any party wishing to advise the Judges of the existence and extent of 
an objection must do so, in writing, by the end of the comment period. 
The Judges will not consider any objections to the partial distribution 
motion that are raised after the close of that period.

How To Submit Comments

    Interested claimants must submit comments to only one of the 
following addresses. Unless responding by email or online, claimants 
must submit an original, five paper copies, and an electronic version 
on a CD.
    Email: crb@loc.gov; or
    Online: Use the Federal eRulemaking Portal ``Regulations.gov'' at: 
http://www.regulations.gov.
    U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 
20024-0977; or
    Overnight service (only USPS Express Mail is acceptable): Copyright 
Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or
    Commercial courier: Address package to: Copyright Royalty Board, 
Library of Congress, James Madison Memorial Building, LM-403, 101 
Independence Avenue SE., Washington, DC 20559-6000. Deliver to: 
Congressional Courier Acceptance Site, 2nd Street NE. and D Street NE., 
Washington, DC; or
    Hand delivery: Library of Congress, James Madison Memorial 
Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559-
6000.

    Dated: October 26, 2015.
Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2015-27645 Filed 10-30-15; 8:45 am]
BILLING CODE 1410-72-P



                                                                                Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices                                                 67433

                                                    UNSCEGHS meeting. Members of the                        join?id=JKJ4DF&role=attend&                           PHMSA Web site at: http://
                                                    Regulatory Cooperation Council (RCC)                    pw=w5%3CPP%28%5D%2Cs                                  www.phmsa.dot.gov/hazmat/regs/
                                                    will be present to update Canada’s                      FOR FURTHER INFORMATION CONTACT:     For              international.
                                                    status of their GHS policy and                          information about the PHMSA Meeting                     The primary purpose of PHMSA’s
                                                    procedures. International conference                    at 9:00 a.m.: Mr. Steven Webb or Mr.                  meeting will be to prepare for the 47th
                                                    call capability will be available for this              Aaron Wiener, Office of Hazardous                     session of the UNSCE TDG. The 48th
                                                    portion of the public meeting.                          Materials Safety, Department of                       session of the UNSCE TDG is the first
                                                       Also, on Thursday, November 12,                      Transportation, Washington, DC 20590:                 of four meetings scheduled for the
                                                    2015, the Department of Transportation                  Telephone: (202) 366–8553.                            2015–2016 biennium. The UNSCE will
                                                    (DOT), Pipeline and Hazardous                              For information about the OSHA                     consider proposals for the 20th Revised
                                                    Materials Safety Administration                         Meeting at 1:00 p.m. and the RCC                      Edition of the United Nations
                                                    (PHMSA) will conduct a public meeting                   Meeting at 3:00 p.m.: Ms. Maureen                     Recommendations on the Transport of
                                                    (See Docket No. PHMSA–2015–0188,                        Ruskin, Office of Chemical Hazards-                   Dangerous Goods Model Regulations,
                                                    Notice No. 15–19) to discuss proposals                  Metals, OSHA Directorate of Standards                 which may be implemented into
                                                    in preparation for the 48th session of the              and Guidance, Department of Labor,                    relevant domestic, regional, and
                                                    United Nations Sub-Committee of                         Washington, DC 20210: Telephone:                      international regulations from January 1,
                                                    Experts on the Transport of Dangerous                   (202) 693–1950, email:                                2019. Copies of working documents,
                                                    Goods (UNSCOE TDG) to be held                           ruskin.maureen@dol.gov.                               informal documents, and the meeting
                                                    November 30 to December 9, 2015, in                                                                           agenda may be obtained from the United
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    Geneva, Switzerland. During this                                                                              Nations Transport Division’s Web site at
                                                                                                               The OSHA Meeting: OSHA is hosting
                                                    meeting, PHMSA is also requesting                                                                             http://www.unece.org/trans/danger/
                                                                                                            an open informal public meeting of the
                                                    comments relative to potential new                                                                            danger.html.
                                                                                                            U.S. Interagency GHS Coordinating                       Authority and Signature: This
                                                    work items that may be considered for
                                                                                                            Group to provide interested groups and                document was prepared under the
                                                    inclusion in its international agenda.
                                                                                                            individuals with an update on GHS-                    direction of David Michaels, Ph.D.,
                                                    PHMSA will also provide an update on
                                                                                                            related issues and an opportunity to                  MPH, Assistant Secretary of Labor for
                                                    recent actions to enhance transparency
                                                                                                            express their views orally and in writing             Occupational Safety and Health, U.S.
                                                    and stakeholder interaction through
                                                                                                            for consideration in developing U.S.                  Department of Labor, pursuant to
                                                    improvements to the international
                                                                                                            Government positions for the upcoming                 sections 4, 6, and 8 of the Occupational
                                                    standards portion of its Web site.
                                                                                                            UNSCEGHS meeting. Interested                          Safety and Health Act of 1970 (29 U.S.C.
                                                    DATES: Thursday November 12, 2015
                                                                                                            stakeholders may also provide input on                653, 655, 657), and Secretary’s Order 1–
                                                    ADDRESSES: Both meetings will be held                   issues related to OSHA’s activities in
                                                    at the DOT Headquarters Conference                                                                            2012 (77 FR 3912), (Jan. 25, 2012).
                                                                                                            the U.S.-Canada Regulatory Cooperation
                                                    Center, West Building, 1200 New Jersey                  Council (RCC) at the meeting.                           Signed at Washington, DC, on October 26,
                                                    Avenue SE., Washington, DC 20590.                          General topics on the agenda include:              2015.
                                                       Times and Locations: PHMSA public                       • Review of Working papers                         David Michaels,
                                                    meeting: 9:00 a.m. to 12:00 p.m. EDT,                      • Correspondence Group updates                     Assistant Secretary of Labor for Occupational
                                                    Conference Rooms 8–10.                                     • Regulatory Cooperation Council                   Safety and Health.
                                                       OSHA public meeting: 1:00 p.m. to                    (RCC) Update                                          [FR Doc. 2015–27821 Filed 10–30–15; 8:45 am]
                                                    2:30p.m. EDT, Conference Rooms 8–10.                       Information on the work of the                     BILLING CODE 4510–26–P
                                                       RCC public meeting: 3:00 p.m. to 4:30                UNSCEGHS including meeting agendas,
                                                    p.m. EDT, Conference Rooms 8–10.                        reports, and documents from previous
                                                       Advanced Meeting Registration: The                   sessions, can be found on the United                  LIBRARY OF CONGRESS
                                                    DOT requests that attendees pre-register                Nations Economic Commission for
                                                    for these meetings by completing the                    Europe (UNECE) Transport Division                     Copyright Royalty Board
                                                    form at: https://                                       Web site located at the following web
                                                    www.surveymonkey.com/r/LVXNWYT.                                                                               [Docket No. 15–CRB–0011 DART (SRF/CO)
                                                                                                            address: http://www.unece.org/trans/                  (2014)]
                                                       Attendees may use the same form to                   danger/publi/ghs/ghs_welcome_e.html.
                                                    pre-register for both the PHMSA and the                 The UNSCEGHS bases its decisions on
                                                    OSHA meetings. Failure to pre-register                                                                        Distribution of 2014 DART Sound
                                                                                                            Working Papers. The Working Papers                    Recordings Fund Royalties (Copyright
                                                    may delay your access into the DOT                      for the 30th session of the UNSCEGHS
                                                    Headquarters building. Additionally, if                                                                       Owners and Featured Artists
                                                                                                            are located at: http://www.unece.org/                 Subfunds)
                                                    you are attending in-person, arrive early               trans/main/dgdb/dgsubc3/c32015.html.
                                                    to allow time for security checks                          Informal Papers submitted to the                   AGENCY:  Copyright Royalty Board,
                                                    necessary to access the building.                       UNSCEGHS provide information for the                  Library of Congress.
                                                       Conference call-in and ‘‘live meeting’’                                                                    ACTION: Notice soliciting comments on
                                                                                                            Sub-committee and are used either as a
                                                    capability will be provided for both                                                                          motion for partial distribution.
                                                                                                            mechanism to provide information to
                                                    meetings.
                                                                                                            the Sub-committee or as the basis for
                                                       The number is reserved and the Live                                                                        SUMMARY: The Copyright Royalty Judges
                                                                                                            future Working Papers. Informal Papers
                                                    Meeting link is setup for all day.                                                                            solicit comments on a motion for partial
                                                                                                            for the 30th session of the UNSCEGHS
                                                                                                                                                                  distribution in connection with 2014
                                                    Toll Free (USA)                                         are located at: http://www.unece.org/
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                                                                                  DART Sound Recordings Fund
                                                      Toll Free: 888–675–2535                               trans/main/dgdb/dgsubc4/c4inf30.html.
                                                                                                                                                                  royalties.
                                                      Access code: 3614708                                     The PHMSA Meeting: The Federal
                                                                                                            Register notice and additional detailed               DATES: Comments are due on or before
                                                    International Callers                                   information relating to PHMSA’s public                December 2, 2015.
                                                      International Toll: 215–446–0145                      meeting will be available upon                        ADDRESSES: This Notice is also posted
                                                      Access: 3614708                                       publication at http://                                on the agency’s Web site (www.loc.gov/
                                                      Attendee URL: https://                                www.regulations.gov (Docket No.                       crb). Submit comments via email to
                                                    www.livemeeting.com/cc/phmsa/                           PHMSA–2015–0188 No.) and on the                       crb@loc.gov. See the SUPPLEMENTARY


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                                                    67434                       Federal Register / Vol. 80, No. 211 / Monday, November 2, 2015 / Notices

                                                    INFORMATION section below for                             AARC requests a partial distribution                NATIONAL FOUNDATION ON THE
                                                    instructions on submitting comments in                  of 98% from the Copyright Owners                      ARTS AND THE HUMANITIES
                                                    other formats.                                          Subfund and an equal percentage from
                                                    FOR FURTHER INFORMATION CONTACT:                        the Featured Recording Artists Subfund                National Endowment for the Arts
                                                    LaKeshia Keys, Program Specialist, by                   pursuant to Section 801(b)(3)(C) of the
                                                    telephone at (202) 707–7658 or email at                 Copyright Act. Under that section of the              President’s Committee on the Arts and
                                                    crb@loc.gov.                                            Copyright Act, before ruling on a partial             the Humanities: Meeting #71
                                                    SUPPLEMENTARY INFORMATION: On July                      distribution motion the Judges must                   AGENCY:  National Endowment for the
                                                    23, 2015, the Alliance of Artists and                   publish a notice in the Federal Register              Arts, National Foundation on the Arts
                                                    Recording Companies (AARC), on                          seeking responses to the motion to                    and Humanities.
                                                    behalf of itself and claimants with                     ascertain whether any claimant entitled               ACTION: Notice of meeting.
                                                    which it has reached settlements                        to receive such royalty fees has a
                                                    (Settling Claimants) filed with the                     reasonable objection to the proposed                  SUMMARY: Pursuant to section 10(a)(2) of
                                                    Copyright Royalty Judges (Judges) a                     distribution. 17 U.S.C. 801(b)(3)(C).                 the Federal Advisory Committee Act
                                                    Notice of Settlement and Request for                    Consequently, this Notice seeks                       (Pub. L. 92–463), as amended, notice is
                                                    Partial Distribution of the 2014 DART                   comments from interested claimants on                 hereby given that the 71st meeting of the
                                                    Sound Recordings Fund Featured                          whether any reasonable objection exists               President’s Committee on the Arts and
                                                    Recording Artists and Copyright Owners                  that would preclude the distribution                  the Humanities (PCAH) will tentatively
                                                    Subfunds Royalties (Notice and                          from the 2014 DART Sound Recordings                   be held in the Monument Room,
                                                    Request). In the Notice and Request,                    Fund of 98% of the royalties in the                   Occidental Grill & Seafood, 1475
                                                    AARC states that the Settling Claimants                 Featured Recording Artists Subfund and                Pennsylvania Avenue NW., Washington,
                                                    have agreed among themselves                            98% of the royalties in the Copyright                 DC 20004. Ending time is approximate.
                                                    concerning distribution of the 2014                     Owners Subfund to the Settling                        DATES: November 17, 2015 from 10:00
                                                    DART Sound Recordings Fund royalties                    Claimants. Any party wishing to advise                a.m. to 12:30 p.m.
                                                    from two subfunds: Copyright Owners                     the Judges of the existence and extent of             FOR FURTHER INFORMATION CONTACT:
                                                    and Featured Recording Artists.                         an objection must do so, in writing, by               Lindsey Clark of the President’s
                                                       With respect to the Featured                         the end of the comment period. The                    Committee at (202) 682–5409 or lclark@
                                                    Recording Artists Subfund, AARC                         Judges will not consider any objections               pcah.gov.
                                                    represents that it has reached                          to the partial distribution motion that               SUPPLEMENTARY INFORMATION: The
                                                    settlements with all but one claimant                   are raised after the close of that period.            meeting, on Wednesday, November
                                                    (Herman Kelly) for that subfund and
                                                                                                            How To Submit Comments                                17th, will begin with welcome,
                                                    that the nonsettling claimant has unit
                                                                                                                                                                  overview of the agenda, and
                                                    sales totaling 1,287 in a universe of over                Interested claimants must submit                    acknowledgement of new members.
                                                    one billion claimants’ sound recordings                 comments to only one of the following                 This will be followed by reports on
                                                    sold in 2014. Notice and Request at 2.                  addresses. Unless responding by email
                                                       With respect to the Copyright Owners                                                                       Committee Programs (Film Forward,
                                                                                                            or online, claimants must submit an                   National Student Poets Program, NEH/
                                                    Subfund, AARC represents that it had                    original, five paper copies, and an
                                                    reached settlements with all but four                                                                         Spoken Word Ambassador program,
                                                                                                            electronic version on a CD.                           Turnaround Arts, and Financial
                                                    claimants (Dr. Dwight Sanders, Eric
                                                    Burns, Tajai Music, Inc., and                             Email: crb@loc.gov; or                              forecasting/program sustainability) and
                                                    Afterschool Publishing Company (APC),                     Online: Use the Federal eRulemaking                 Plans for 2016—Member Survey and
                                                    which is affiliated with Herman Kelly).                 Portal ‘‘Regulations.gov’’ at: http://                Proposals (Review of survey data and
                                                    The Judges have since dismissed the                     www.regulations.gov.                                  main points, plans for 2016 activities).
                                                    claims of Dr. Sanders and Mr. Burns.                                                                          Remarks from the Executive Director
                                                                                                              U.S. mail: Copyright Royalty Board,
                                                    Order Dismissing Claims of Burns and                                                                          will follow. There also will be reports
                                                                                                            P.O. Box 70977, Washington, DC 20024–
                                                    Sanders (Sept. 11, 2015). AARC                                                                                from the President’s Committee
                                                                                                            0977; or
                                                    represents that the nonsettling parties                                                                       partners—the Institute of Museum and
                                                                                                              Overnight service (only USPS Express                Library Services (IMLS), National
                                                    have combined record sales of 794,469                   Mail is acceptable): Copyright Royalty
                                                    units in a universe of nearly one billion                                                                     Endowment for the Arts (NEA), and
                                                                                                            Board, P.O. Box 70977, Washington, DC                 National Endowment for the Humanities
                                                    record sales for 2014. Notice and                       20024–0977; or
                                                    Request at 2.1                                                                                                (NEH), as well as other Partner updates.
                                                                                                              Commercial courier: Address package                 The meeting will adjourn after closing
                                                       1 For his part, on August 7, 2015, Mr. Kelly filed   to: Copyright Royalty Board, Library of               remarks.
                                                    a Settlement Proposal Offer and Request on behalf       Congress, James Madison Memorial                         The President’s Committee on the
                                                    of himself and APC, in which Mr. Kelly appears          Building, LM–403, 101 Independence                    Arts and the Humanities was created by
                                                    willing to stipulate to the sales figure that AARC
                                                    asserts is attributable to Mr. Kelly and APC. Mr.
                                                                                                            Avenue SE., Washington, DC 20559–                     Executive Order in 1982, which
                                                    Kelly requests a ‘‘proper equal share of any amounts    6000. Deliver to: Congressional Courier               currently states that the ‘‘Committee
                                                    from the 2014 funds.’’ Although the Copyright           Acceptance Site, 2nd Street NE. and D                 shall advise, provide recommendations
                                                    Royalty Board (CRB) has accepted Mr. Kelly’s            Street NE., Washington, DC; or                        to, and assist the President, the National
                                                    filings to date to the extent that Mr. Kelly is
                                                    petitioning on his own behalf, CRB Rule 350.2             Hand delivery: Library of Congress,                 Endowment for the Arts, the National
                                                                                                                                                                  Endowment for the Humanities, and the
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    requires that all parties other than individuals        James Madison Memorial Building, LM–
                                                    ‘‘must be represented by an attorney.’’ 37 CFR
                                                                                                            401, 101 Independence Avenue SE.,                     Institute of Museum and Library
                                                    350.2. Therefore, going forward, individual                                                                   Services on matters relating to the arts
                                                    claimants may continue to represent their own           Washington, DC 20559–6000.
                                                    interests before the CRB, but they may not represent                                                          and the humanities.’’
                                                                                                              Dated: October 26, 2015.                               Any interested persons may attend as
                                                    the interests of other claimants or groups of
                                                    claimants without a licensed attorney. The CRB          Suzanne M. Barnett,                                   observers, on a space available basis, but
                                                    Web site provides the names and contact                 Chief U.S. Copyright Royalty Judge.
                                                    information of licensed attorneys that have stated
                                                                                                                                                                  seating is limited. Therefore, for this
                                                    their willingness to represent pro se claimants free    [FR Doc. 2015–27645 Filed 10–30–15; 8:45 am]          meeting, individuals wishing to attend
                                                    of charge.                                              BILLING CODE 1410–72–P                                are advised to contact Lindsey Clark of


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Document Created: 2018-03-01 11:30:05
Document Modified: 2018-03-01 11:30:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice soliciting comments on motion for partial distribution.
DatesComments are due on or before December 2, 2015.
ContactLaKeshia Keys, Program Specialist, by telephone at (202) 707-7658 or email at [email protected]
FR Citation80 FR 67433 

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