81 FR 10281 - Distribution of 2014 Cable Royalty Funds

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 81, Issue 39 (February 29, 2016)

The Copyright Royalty Judges solicit comments on a motion of Phase I claimants for partial distribution of 2014 cable royalty funds.

[Federal Register Volume 81, Number 39 (Monday, February 29, 2016)]
[Notices]
[Pages 10281-10282]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04274]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 16-CRB-0009-CD (2014)]


Distribution of 2014 Cable Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice requesting comments.

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SUMMARY: The Copyright Royalty Judges solicit comments on a motion of 
Phase I claimants for partial distribution of 2014 cable royalty funds.

DATES: Comments are due on or before March 30, 2016.

ADDRESSES: 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
    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.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist, by 
telephone at (202) 707-7658 or email at [email protected].

SUPPLEMENTARY 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 for the 
retransmission to cable subscribers of over-the-air television and 
radio broadcast signals. See 17 U.S.C. 111(d). The Copyright Royalty 
Judges (Judges) oversee distribution of royalties 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, the Judges may authorize distribution in 
accordance with a negotiated settlement among all claiming parties. 17 
U.S.C. 111(d)(4)(A). If all claimants do not reach agreement with 
respect to the royalties, the Judges must conduct a proceeding to 
determine the distribution of any royalties that remain in controversy. 
17 U.S.C. 111(d)(4)(B). Alternatively, the Judges may, on motion of 
claimants and on notice to all interested parties, authorize a partial 
distribution of royalties, reserving on deposit sufficient funds to 
resolve identified disputes. 17 U.S.C. 111(d)(4)(C), 801(b)(3)(C).
    On February 5, 2016, representatives of the Phase I claimant 
categories (the ``Phase I Claimants'') \1\ filed with the Judges a 
motion requesting a partial distribution amounting to 60% of the 2014 
cable royalty funds pursuant to section 801(b)(3)(C) of the Copyright 
Act. 17 U.S.C. 801(b)(3)(C). That section requires that, before ruling 
on the motion, the Judges publish a notice in the Federal Register 
seeking responses to the motion for partial distribution to ascertain 
whether any claimant entitled to receive the subject royalties has a

[[Page 10282]]

reasonable objection to the requested distribution.
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    \1\ The self-identified ``Phase I Claimants'' are Program 
Suppliers; Joint Sports Claimants; Public Television Claimants; 
National Association of Broadcasters; American Society of Composers, 
Authors and Publishers; Broadcast Music, Inc.; SESAC, Inc.; Canadian 
Claimants Group; National Public Radio; and Devotional Claimants. In 
what has been known as Phase I of a cable royalty distribution 
proceeding, the Judges allocate royalties among certain categories 
of claimants whose broadcast programming has been retransmitted by 
cable systems. The ``Phase I Claimants'' who are the moving parties 
in this requested partial distribution represent traditional 
claimant categories. The Judges have not and do not by this notice 
determine the universe of claimant categories for 2014 cable 
retransmission royalties.
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    Accordingly, this Notice seeks comments from interested claimants 
on whether any reasonable objection exists that would preclude the 
distribution of 60% of the 2014 cable royalty funds to the Phase I 
Claimants. Parties objecting to the partial distribution must advise 
the Judges of the existence and extent of all objections by the end of 
the comment period. The Judges will not consider any objections with 
respect to the partial distribution motion that come to their attention 
after the close of the comment period.
    The Judges have caused the Motion of the Phase I Claimants for 
Partial Distribution to be posted on the Copyright Royalty Board Web 
site at http://www.loc.gov/crb.

Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2016-04274 Filed 2-26-16; 8:45 am]
 BILLING CODE 1410-72-P