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)

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, 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 [email protected]. 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 [email protected].

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.
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    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: [email protected]; 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