81 FR 44897 - Distribution of 2013 Digital Audio Recording Royalty Funds

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 81, Issue 132 (July 11, 2016)

Page Range		44897-44898
FR Document		2016-16336

The Copyright Royalty Judges announce their determination regarding distribution of the Digital Audio Recording Technologies (DART) royalties deposited with the Licensing Division of the Copyright Office during 2013 to copyright owners and featured recording artists. The Judges issued their determination to the participants in the proceeding in March 2016 and received one motion for rehearing. On May 6, 2016, the Judges denied the motion and forwarded the determination to the Register of Copyrights for the mandatory 60-day review prior to publication in the Federal Register in accordance with 17 U.S.C. 801(f)(1)(D) & 803(c)(6).\1\ ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 132 (Monday, July 11, 2016)

[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44897-44898]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16336]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 14-CRB-0006 DART SR (CO/FA) (2013)]


Distribution of 2013 Digital Audio Recording Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Determination.

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SUMMARY: The Copyright Royalty Judges announce their determination 
regarding distribution of the Digital Audio Recording Technologies 
(DART) royalties deposited with the Licensing Division of the Copyright 
Office during 2013 to copyright owners and featured recording artists. 
The Judges issued their determination to the participants in the 
proceeding in March 2016 and received one motion for rehearing. On May 
6, 2016, the Judges denied the motion and forwarded the determination 
to the Register of Copyrights for the mandatory 60-day review prior to 
publication in the Federal Register in accordance with 17 U.S.C. 
801(f)(1)(D) & 803(c)(6).\1\
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    \1\ The short delay in publication of this determination was a 
result of a staff shortage.

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DATES: Effective Date: July 11, 2016.

FOR FURTHER INFORMATION CONTACT: Kimberly Whittle at (202) 707-7658 or 
at [email protected].

ADDRESSES: The final distribution order is also published on the 
agency's Web site at www.loc.gov/crb.

SUPPLEMENTARY INFORMATION: 
    The purpose of this proceeding is to distribute to copyright owners 
and featured recording artists Digital Audio Recording Technologies 
(DART) royalties deposited with the Licensing Division of the Copyright 
Office during 2013 under the Audio Home Recording Act of 1992, Public 
Law 102-563, 106 Stat. 4237 (codified as amended at 17 U.S.C. 1000-
1010).
    Prior to the commencement of this proceeding, AARC submitted notice 
that it had reached a settlement with all but five claimants to the 
2013 DART Sound Recordings Fund, Copyright Owners' and Featured 
Artists' subfunds, and requested a partial distribution of 98% of those 
funds. See AARC Notice of Settlement and Request for Partial 
Distribution . . . (Aug. 19, 2014). In December 2014, the Copyright 
Royalty Judges (Judges) granted AARC's request for a partial 
distribution of 98% of the DART funds at issue in this proceeding. See 
Order Granting AARC's Request for Partial Distribution . . . (Dec. 19, 
2014). The Copyright Royalty Judges (Judges) ordered the remaining 2% 
of the fund held pending settlement or adjudication of controversies 
raised by the non-settling claimants: David Powell, George Clinton, 
Eugene Curry, Kami Talpa, and Herman Kelly. All of the non-settling 
parties were appearing in this proceeding pro se. Their filings 
appeared to claim only from the Copyright Owners Subfund.
    The Judges commenced the captioned royalty distribution proceeding 
by published notice in March 2015. See 80 FR 15632 (Mar. 24, 2015). The 
notice announced April 23, 2015, as the deadline for interested parties 
to file a Petition to Participate in this proceeding. The Judges 
received only one valid and timely Petition to Participate (PTP), that 
of the Alliance of Artists and Recording Companies, Inc. (AARC). The 
Judges did, however, receive actual notice, in the form of email, late-
filed papers, and correspondence, from other parties \2\ claiming an 
interest in the sound recording royalty funds held for copyright owners 
and featured artists.
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    \2\ See, e.g., papers from George Clinton and Ronald Ford 
(September, November, and December 2014), Eugene Curry/TAJAI Music 
(various dates between September 2014 and January 2016), and Herman 
Kelly (between December 2014 and October 2015).
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    In June 2015, AARC, on its own behalf and on behalf of Jeffrey E. 
Jacobson, Esq. (together, the Settling Parties), requested distribution 
of the retained 2% of funds in both Sound Recordings subfunds. Because 
the Judges were aware of the pro se claimants, they denied the AARC 
motion without prejudice and provided a second opportunity for parties 
in interest to file a PTP, together with an explanation for the failure 
to file in the first instance. The Judges set a second deadline for 
PTPs of September 15, 2015. Only Mr. Curry filed a timely PTP, on his 
own behalf and on behalf of TAJAI Music, Inc. (TAJAI). As Mr. Curry is 
not an attorney (and thus ineligible to represent a corporate entity in 
a proceeding, see 37 CFR 350.2, the Judges dismissed the portion of his 
PTP relating to TAJAI. See Order Accepting Petition . . . and Setting 
Schedule . . .. (Jan. 7, 2016). Mr. Curry's PTP identified his claim as 
one to the Copyright Owners' subfund.
    AARC subsequently requested distribution of the retained 2% of 
funds in the Sound Recordings Featured Artists' subfund. The Judges 
approved this request, finding no controversy relating to the Featured 
Artists' subfund. See Order Granting AARC's Request for Final 
Distribution . . . (Jan. 21, 2016). With regard to the Copyright 
Owners' subfund, the Judges ordered a paper proceeding under 17 U.S.C. 
803(b)(5). See Order Granting AARC's Request . . . (Jan. 21, 2016). The 
``Settling Parties'' filed their Written Direct Statement on February 
8, 2016. Mr. Curry filed no Written Direct Statement.
    On January 28, 2016, the Judges received a paper purporting to be a 
``Written Direct Statement and Petition to Participate in Respect, 
Answer to Court's Order Dated Jan 7, 2016'' from Mr. Herman Kelly. On 
February 8, 2016 the Settling Parties moved to reject Mr. Kelly's 
filing. On March 3, 2016, the Settling Parties filed a Motion to 
Dismiss Eugene Curry/TAJAI Music, Inc.'s Claims to Any Portion of the 
2013 Sound Recordings Funds.
    Having considered all the filings relating to the 2013 Sound 
Recordings DART funds, the Judges find:

    1. Mr. Kelly failed to file a Petition to Participate in this 
proceeding by the first or second deadline set by the Judges. Mr. 
Kelly also failed to offer any basis by which the Judges might 
consider excusable neglect for his failure to make a timely filing, 
as required by the Judges' procedural rules and orders. The Judges 
DISMISS Mr. Kelly's untimely and invalid PTP. Moreover, even if Mr. 
Kelly had timely filed his combined ``Written Direct Statement and 
Petition to Participate,'' the Judges would have dismissed his PTP 
as deficient, because it failed to (1) state the basis for his 
claimed interest and (2) provide evidence of sales of any sound 
recording to which he holds rights. Mr. Kelly's Written Direct 
Statement also does not provide factual evidence; rather, it asks 
the Judges to ``consider his settlement compromise request for a 
[sic] equal share of the 2% featured recording artist subfund, 
copyright owners subfund . . .'' \3\ Accordingly, Mr. Kelly's filing 
fails to establish a right to any of the funds remaining in the DART 
Sound Recordings royalty fund for 2013.
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    \3\ As noted, the Judges ordered final distribution of the 
Featured Artists subfund in January 2016.
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    2. The Settling Claimants presented uncontroverted evidence that 
neither Mr. Curry nor TAJAI have a right to sound recording 
royalties for any year. See Michael L. Stern WDT at 3-5, Cynthia 
Oliver WDT at 1.\4\ The sound recording rights to the music claimed 
by Mr. Curry are owned by Universal Music Group.\5\ There are no 
reports of sales

[[Page 44898]]

of the music claimed by Mr. Curry during 2013. Stern WDT at 3-
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    \4\ The Settling Parties submitted the witnesses' written direct 
testimony and supporting exhibits in their timely filed Written 
Direct Statement.
    \5\ The Judges make no finding with respect to whether Mr. Curry 
or TAJAI Music, Inc. has any rights to the musical work underlying 
the sound recording.
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    3. The Settling Parties are entitled to distribution of all 
remaining funds in the 2013 DART Sound Recordings fund.

    Therefore, the Judges hereby ORDER that claims asserted by all but 
the Settling Parties to the 2013 DART Sound Recordings Fund, including 
both the Featured Artists' and the Copyright Owners' subfunds, are 
DENIED.
    As required by 11 U.S.C. 803(c), the Judges issue this 
determination, which triggers the deadline for motions for rehearing. 
See 17 U.S.C. 803(c)(2). March 24, 2016.

SO ORDERED.

Suzanne M .Barnett,

Chief United States Copyright Royalty Judge.

David R. Strickler,

United States Copyright Royalty Judge.

Jesse M. Feder,

United States Copyright Royalty Judge.

    Dated: July 5, 2016.
Suzanne M. Barnett,
Chief United States Copyright Royalty Judge.
Approved by:
David S. Mao,
Librarian of Congress.
[FR Doc. 2016-16336 Filed 7-8-16; 8:45 am]
 BILLING CODE 1410-72-P

44898 Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices

of the music claimed by Mr. Curry during Federal Procurement Policy (OFPP). Week of August 1, 2016—Tentative
2013. Stern WDT at 3- OFPP’s guidance is available at http://
3. The Settling Parties are entitled to There are no meetings scheduled for
www.whitehouse.gov/sites/default/files/ the week of August 1, 2016.
distribution of all remaining funds in the
omb/procurement/memo/service-
2013 DART Sound Recordings fund.
contract-inventories-guidance- Week of August 8, 2016—Tentative
Therefore, the Judges hereby ORDER 11052010.pdf. National Endowment for
that claims asserted by all but the There are no meetings scheduled for
the Arts has posted its inventory and a the week of August 8, 2016.
Settling Parties to the 2013 DART summary of the inventory on the
Sound Recordings Fund, including both National Endowment for the Arts Web Week of August 15, 2016—Tentative
the Featured Artists’ and the Copyright site at the following link: https:// There are no meetings scheduled for
Owners’ subfunds, are DENIED. www.arts.gov/open-government/fair-act-
As required by 11 U.S.C. 803(c), the the week of August 15, 2016.
service-contract-inventories.
Judges issue this determination, which * * * * *
FOR FURTHER INFORMATION CONTACT: The schedule for Commission
triggers the deadline for motions for
Questions regarding the service contract meetings is subject to change on short
rehearing. See 17 U.S.C. 803(c)(2).
inventory should be directed to Ned notice. For more information or to verify
March 24, 2016.
Read in the Office of the Deputy the status of meetings, contact Denise
SO ORDERED. Chairman for Management and Budget McGovern at 301–415–0681 or via email
Suzanne M .Barnett, at 202–682–5782 or readn@arts.gov. at Denise.McGovern@nrc.gov.
Chief United States Copyright Royalty Judge. Dated: July 5, 2016. * * * * *
David R. Strickler, Kathy N. Daum, The NRC Commission Meeting
United States Copyright Royalty Judge. Director, Office of Administrative Services. Schedule can be found on the Internet
Jesse M. Feder, [FR Doc. 2016–16280 Filed 7–8–16; 8:45 am] at: http://www.nrc.gov/public-involve/
United States Copyright Royalty Judge. BILLING CODE 7537–01–P public-meetings/schedule.html.
Dated: July 5, 2016. * * * * *
Suzanne M. Barnett, The NRC provides reasonable
Chief United States Copyright Royalty Judge. NUCLEAR REGULATORY accommodation to individuals with
Approved by: COMMISSION disabilities where appropriate. If you
David S. Mao, need a reasonable accommodation to
[NRC–2016–0001]
Librarian of Congress. participate in these public meetings, or
[FR Doc. 2016–16336 Filed 7–8–16; 8:45 am] Sunshine Act Meeting Notice need this meeting notice or the
transcript or other information from the
BILLING CODE 1410–72–P
DATE: July 11, 18, 25, August 1, 8, 15, public meetings in another format (e.g.
2016. braille, large print), please notify
PLACE:Commissioners’ Conference Kimberly Meyer, NRC Disability
NATIONAL FOUNDATION ON THE Program Manager, at 301–287–0739, by
ARTS AND HUMANITIES Room, 11555 Rockville Pike, Rockville,
Maryland. videophone at 240–428–3217, or by
National Endowment for the Arts STATUS: Public and Closed.
email at Kimberly.Meyer-Chambers@
nrc.gov. Determinations on requests for
Public Availability of National Week of July 11, 2016 reasonable accommodation will be
Endowment for the Arts FY 2015 There are no meetings scheduled for made on a case-by-case basis.
Service Contract Inventory the week of July 11, 2016. * * * * *
Members of the public may request to
AGENCY: National Endowment for the Week of July 18, 2016—Tentative receive this information electronically.
Arts, National Foundation on the Arts
Thursday, July 21, 2016 If you would like to be added to the
and Humanities.
distribution, please contact the Nuclear
ACTION: Notice of public availability of 9:30 a.m. Briefing on Project Aim
Regulatory Commission, Office of the
FY 2015 Service Contract Inventory. (Public Meeting) (Contact: Janelle
Secretary, Washington, DC 20555 (301–
Jessie: 301–415–6775)
SUMMARY: In accordance with Section 415–1969), or email
This meeting will be webcast live at Brenda.Akstulewicz@nrc.gov or
743 of Division C of the Consolidated
the Web address—http://www.nrc.gov/. Patricia.Jimenez@nrc.gov.
Appropriations Act of 2010 (Pub. L.
111–117), National Endowment for the Week of July 25, 2016—Tentative Dated: July 7, 2016.
Arts is publishing this notice to advise Denise L. McGovern,
Tuesday, July 26, 2016
the public of the availability of the FY Policy Coordinator, Office of the Secretary.
2015 Service Contract inventory. This 9:00 a.m. Meeting with NRC
[FR Doc. 2016–16422 Filed 7–7–16; 4:15 pm]
inventory provides information on Stakeholders (Public Meeting)
BILLING CODE 7590–01–P
service contract actions over $25,000 (Contact: Denise McGovern: 301–
that were made in FY 2015. The 415–0681)
information is organized by function to Thursday, July 28, 2016
show how contracted resources are OFFICE OF PERSONNEL
9:00 a.m. Hearing on Combined
sradovich on DSK3GDR082PROD with NOTICES

distributed throughout the agency. The MANAGEMENT
inventory has been developed in Licenses for Levy Nuclear Plant,
accordance with guidance issued on Units 1 and 2: Section 189a. of the Submission for Review: 3206-0218,
November 5, 2010 by the Office of Atomic Energy Act Proceeding Death Benefit Payment Rollover
Management and Budget’s Office of (Public Meeting) (Contact: Donald Election, RI 94-007
Habib: 301–415–1035)
rights to the musical work underlying the sound This meeting will be webcast live at AGENCY:U.S. Office of Personnel
recording. the Web address—http://www.nrc.gov/. Management.

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Document Created: 2016-07-09 00:21:35
Document Modified: 2016-07-09 00:21:35

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Determination.
Contact		Kimberly Whittle at (202) 707-7658 or at [email protected]
FR Citation		81 FR 44897

81 FR 44897 - Distribution of 2013 Digital Audio Recording Royalty Funds

LIBRARY OF CONGRESSCopyright Royalty Board

Federal Register Volume 81, Issue 132 (July 11, 2016)

LIBRARY OF CONGRESS
Copyright Royalty Board