82 FR 45624 - Distribution of 2015 Satellite Royalty Funds
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 82, Issue 188 (September 29, 2017)
Copyright Royalty Board
Federal Register Volume 82, Issue 188 (September 29, 2017)
| Page Range | 45624-45625 | |
| FR Document | 2017-20926 |
[Federal Register Volume 82, Number 188 (Friday, September 29, 2017)] [Notices] [Pages 45624-45625] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20926] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 17-CRB-0011-SD (2015)] Distribution of 2015 Satellite Royalty Funds AGENCY: Copyright Royalty Board (CRB), Library of Congress. ACTION: Notice requesting reply comments. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges solicit reply comments on a motion of Allocation Phase claimants for partial distribution of 2015 satellite royalty funds. DATES: Reply comments are due on or before October 30, 2017. Surreplies from original commenters are due on or before November 8, 2017. ADDRESSES: You may make replies and surreplies, identified by docket number 17-CRB-0011-SD (2015), by any of the following methods: CRB's electronic filing application: Submit comments online in eCRB at https://app.crb.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. Instructions: Unless submitting online, commenters must submit an original, five paper copies, and an electronic version on a CD. All submissions must include the CRB's name and docket number. All submissions will be posted without change to eCRB on https://www.crb.gov including any personal information provided. Docket: For access to the docket to read background documents or comments received, go to eCRB, the Copyright Royalty Board's electronic filing and case management system, at https://app.crb.gov/ and search for docket number 17-CRB-0011-SD (2015). For documents not yet uploaded to eCRB (because it is a new system), go to the agency Web site at https://www.crb.gov/ or contact the CRB Program Specialist. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected]. SUPPLEMENTARY INFORMATION: On February 17, 2017, representatives of all the Allocation Phase claimant categories (formerly ``Phase I'') \1\ filed with the Judges a motion requesting a partial distribution amounting to 60% of the 2015 satellite 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 [[Page 45625]] 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 reasonable objection to the requested distribution. --------------------------------------------------------------------------- \1\ The ``Allocation Phase Claimants'' are Program Suppliers, Joint Sports Claimants, Broadcaster Claimants Group, Music Claimants (represented by American Society of Composers, Authors and Publishers, Broadcast Music, Inc., and SESAC, Inc.), and Devotional Claimants. --------------------------------------------------------------------------- On April 17, 2017, the Judges published a notice in the Federal Register seeking comments on the motion.\2\ The Judges received two comments on the motion, both of which opposed the partial distribution as proposed. In particular, one commenter contended that two of the parties seeking a partial distribution had not provided a means to permit proper identification of those claimant representatives and that neither of the claimant representatives was an established claimant with respect to satellite funds and therefore were precluded by applicable precedent from receiving a partial distribution of satellite royalties. On June 9, 2017, the Devotional Claimants filed a motion for leave to file reply comments to the objection of the Multigroup Claimants. Motion of Devotional Claimants for Leave to File Reply to Multigroup Claimants' Objection to Partial Distribution of 2015 Satellite Royalty Funds to Certain ``Allocation Phase Parties.'' In light of this motion and the comments submitted on the filing, the Judges request reply comments that respond to any issues the commenters raised with respect to the motion for partial distribution and that address whether or not any commenter raised a reasonable objection to the proposed partial distribution and if not, why not.\3\ --------------------------------------------------------------------------- \2\ 82 FR 18160. \3\ Given the Judges' general request for reply comments, the Judges DENY the Devotional Claimants' motion as moot. --------------------------------------------------------------------------- In addition, the Judges permit either of the original commenters to offer surreply to any reply comments the Judges receive. Reply comments must be filed no later than 30 days after the publication of this notice in the Federal Register. Surreplies, if any, must be filed no later than ten days after the deadline for filing reply comments. The Motion of the Allocation Phase Claimants and the comments are posted on the Copyright Royalty Board Web site at http://www.loc.gov/crb. Dated: September 26, 2017 Suzanne M. Barnett, Chief U.S. Copyright Royalty Judge. [FR Doc. 2017-20926 Filed 9-28-17; 8:45 am] BILLING CODE P
![45624 Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices
contents of the [subgrant] application subrecipient does not have one and ADDRESSES: You may make replies and
annually in the Federal Register and on why). surreplies, identified by docket number
its Web site.’’ 45 CFR 1627.4(b). This Technology Initiative Grants and Pro 17–CRB–0011–SD (2015), by any of the
Notice and the publication of the Bono Innovation Fund Subgrant following methods:
Subgrant Application Forms on LSC’s Agreement Template and Inquiries are CRB’s electronic filing application:
Web site satisfies § 1627.4(b)’s notice available on LSC’s Web site at http:// Submit comments online in eCRB at
requirement for the Technology www.lsc.gov/grants-grantee-resources/ https://app.crb.gov/.
Initiative Grant and Pro Bono grantee-guidance/how-apply-subgrant. U.S. mail: Copyright Royalty Board,
Innovation Fund grant programs. Only LSC encourages applicants to use the P.O. Box 70977, Washington, DC 20024–
current or prospective LSC grantees may Template provided to draft their 0977; or
apply. subgrant agreement(s). If the applicant Overnight service (only USPS Express
Applications for subgrants of does not use the Template, the proposed Mail is acceptable): Copyright Royalty
Technology Initiative Grant and Pro agreement must include, at a minimum, Board, P.O. Box 70977, Washington, DC
Bono Innovation Fund grant funds with the substance of the provisions in the 20024–0977; or
starting dates after October 30 must be Template. LSC recommends that Commercial courier: Address package
submitted at least 45 days in advance of applicants pay careful attention to the to: Copyright Royalty Board, Library of
the subgrant’s proposed effective date. terms included in, and instructions on, Congress, James Madison Memorial
45 CFR 1627.4(b)(2). LSC grantees may the Template. Several of the terms have Building, LM–403, 101 Independence
subgrant up to $20,000 in LSC funds been modified from previous years and Avenue SE., Washington, DC 20559–
without submitting an application for new terms have been added. 6000. Deliver to: Congressional Courier
prior approval. 45 CFR 1627.4(b). All Once submitted, LSC will evaluate the Acceptance Site, 2nd Street NE. and D
subgrants of LSC funds, however, are application and provide applicants with Street NE., Washington, DC; or
subject to LSC’s regulations, guidelines, instructions on any needed Hand delivery: Library of Congress,
and instructions. modifications to the information, James Madison Memorial Building, LM–
Subgrant applications must be documents, or Draft Agreement 401, 101 Independence Avenue SE.,
submitted at https://lscgrants.lsc.gov. provided with the application. The Washington, DC 20559–6000.
Applicants may access the application applicant must then upload a final and Instructions: Unless submitting
under the ‘‘Subgrants’’ heading on their signed subgrant agreement through LSC online, commenters must submit an
‘‘LSC Grants’’ home page. Applicants Grants. This can be done by selecting original, five paper copies, and an
may initiate an application by selecting ‘‘Upload Signed Agreement’’ to the right electronic version on a CD. All
‘‘Initiate Subgrant Application.’’ of the application ‘‘Status’’ under the submissions must include the CRB’s
Applicants must then provide the ‘‘Subgrant’’ heading on an applicant’s name and docket number. All
information requested in the LSC Grants LSC Grants home page. submissions will be posted without
data fields, located in the Subrecipient As required by 45 CFR 1627.4(b)(3), change to eCRB on https://www.crb.gov
Profile, Subgrant Summary, and LSC will inform applicants of its including any personal information
Subrecipient Budget screens, and decision to disapprove, approve, or provided.
upload the following documents: request modifications to the subgrant no Docket: For access to the docket to
• A draft Subgrant Agreement (with later than the subgrant’s proposed read background documents or
the required terms provided in the effective date. comments received, go to eCRB, the
Technology Initiative Grants and Pro Dated: September 25, 2017. Copyright Royalty Board’s electronic
Bono Innovation Fund Subgrant Stefanie K. Davis, filing and case management system, at
Agreement Template (‘‘Template’’); Assistant General Counsel. https://app.crb.gov/ and search for
• Responses to Technology Initiative [FR Doc. 2017–20865 Filed 9–28–17; 8:45 am]
docket number 17–CRB–0011–SD
Grants and Pro Bono Innovation Fund (2015). For documents not yet uploaded
BILLING CODE 7050–01–P
Subgrant Inquiries; to eCRB (because it is a new system), go
• The subrecipient’s accounting to the agency Web site at https://
manual (or letter indicating that the www.crb.gov/ or contact the CRB
LIBRARY OF CONGRESS Program Specialist.
subrecipient does not have one and
why); Copyright Royalty Board FOR FURTHER INFORMATION CONTACT:
• The subrecipient’s most recent Anita Blaine, CRB Program Specialist,
audited financial statement (or letter [Docket No. 17–CRB–0011–SD (2015)] by telephone at (202) 707–7658 or email
indicating that the subrecipient does not at crb@loc.gov.
Distribution of 2015 Satellite Royalty
have one and why); SUPPLEMENTARY INFORMATION: On
Funds
• The subrecipient’s most recent February 17, 2017, representatives of all
Form 990 filed with the Internal AGENCY: Copyright Royalty Board (CRB), the Allocation Phase claimant categories
Revenue Service (or letter indicating Library of Congress. (formerly ‘‘Phase I’’) 1 filed with the
that the subrecipient does not have one ACTION: Notice requesting reply Judges a motion requesting a partial
and why); comments. distribution amounting to 60% of the
• The subrecipient’s current fidelity 2015 satellite royalty funds pursuant to
bond policy (or letter indicating that the SUMMARY: The Copyright Royalty Judges
asabaliauskas on DSKBBXCHB2PROD with NOTICES
section 801(b)(3)(C) of the Copyright
subrecipient does not have one and solicit reply comments on a motion of Act. 17 U.S.C. 801(b)(3)(C). That section
why); Allocation Phase claimants for partial requires that, before ruling on the
• The subrecipient’s conflict of distribution of 2015 satellite royalty
interest policy (or letter indicating that funds. 1 The ‘‘Allocation Phase Claimants’’ are Program
the subrecipient does not have one and DATES: Reply comments are due on or Suppliers, Joint Sports Claimants, Broadcaster
Claimants Group, Music Claimants (represented by
why); and before October 30, 2017. Surreplies from American Society of Composers, Authors and
• The subrecipient’s whistleblower original commenters are due on or Publishers, Broadcast Music, Inc., and SESAC, Inc.),
policy (or letter indicating that the before November 8, 2017. and Devotional Claimants.
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![Federal Register / Vol. 82, No. 188 / Friday, September 29, 2017 / Notices 45625
motion, the Judges publish a notice in LIBRARY OF CONGRESS chapters that clarified, among other
the Federal Register seeking responses things: how and when the Office
to the motion for partial distribution to U.S. Copyright Office communicates with applicants; and how
ascertain whether any claimant entitled [Docket No. 2017–14] it handles duplicate claims, deposit
to receive the subject royalties has a requirements, and claims involving
reasonable objection to the requested Compendium of U.S. Copyright Office multiple works. The Public Draft also
distribution. Practices sought to provide preliminary guidance
for claims involving useful articles
On April 17, 2017, the Judges AGENCY: U.S. Copyright Office, Library based on the Supreme Court’s recent
published a notice in the Federal of Congress. decision in Star Athletica, L.L.C. v.
Register seeking comments on the ACTION: Update to Compendium of U.S. Varsity Brands, Inc., 137 S. Ct. 1002
motion.2 The Judges received two Copyright Office Practices, Third (2017). Revisions to the recordation
comments on the motion, both of which Edition. chapter provided additional guidance
opposed the partial distribution as for recording notices of termination, as
proposed. In particular, one commenter SUMMARY: The U.S. Copyright Office is well as information on the Office’s new
contended that two of the parties announcing the release of an update to electronic system for designating agents
seeking a partial distribution had not its administrative manual, the for online service providers. 81 FR
provided a means to permit proper Compendium of U.S. Copyright Office 75695 (Nov. 1, 2016). The Public Draft
identification of those claimant Practices, Third Edition, which goes also explained recent regulatory changes
representatives and that neither of the into effect as of September 29, 2017. that impact post-registration procedures,
claimant representatives was an DATES: The final updated version of the including the new ‘‘mailbox rule’’ for
established claimant with respect to Compendium of U.S. Copyright Office calculating dates in requests for
satellite funds and therefore were Practices, Third Edition is available on reconsideration and new procedures for
precluded by applicable precedent from the Office’s Web site as of September 29, removing personally identifiable
receiving a partial distribution of 2017. information. 81 FR 62373 (Sept. 9,
satellite royalties. On June 9, 2017, the FOR FURTHER INFORMATION CONTACT: Erik 2016); 82 FR 9004 (Feb. 2, 2017). The
Devotional Claimants filed a motion for Bertin, Deputy Director for Registration update also incorporated changes made
leave to file reply comments to the Policy and Practice, Sarang Damle, by the recent technical amendments to
objection of the Multigroup Claimants. General Counsel and Associate Register the Office’s regulations. 82 FR 12180
Motion of Devotional Claimants for of Copyrights, Regan A. Smith, Deputy (Mar. 1, 2017). An archived copy of the
Leave to File Reply to Multigroup General Counsel, or Catherine Zaller Public Draft is available on the Office’s
Claimants’ Objection to Partial Rowland, Senior Advisor to the Register Web site.
Distribution of 2015 Satellite Royalty of Copyrights, all by telephone at (202) The Office received comments on the
Funds to Certain ‘‘Allocation Phase 707–8350. Public Draft from the Copyright
Parties.’’ In light of this motion and the SUPPLEMENTARY INFORMATION: The Alliance, the Intellectual Property
comments submitted on the filing, the Compendium of U.S. Copyright Office Owners Association (‘‘IPO’’), the
Judges request reply comments that Practices, Third Edition Kernochan Center for Law, Media, and
(‘‘Compendium’’) is the administrative the Arts at Columbia Law School, as
respond to any issues the commenters
manual of the U.S. Copyright Office. It well as four individuals. After carefully
raised with respect to the motion for
‘‘explains many of the practices and reviewing these comments, the Office
partial distribution and that address
procedures concerning the Office’s decided to further revise twenty-one
whether or not any commenter raised a
mandate and statutory duties under title sections of the Public Draft, resulting in
reasonable objection to the proposed a final update (the ‘‘Final Version’’), as
partial distribution and if not, why not.3 17 of the United States Code.’’ 37 CFR
201.2(b)(7). ‘‘It is both a technical discussed in more detail below.
In addition, the Judges permit either manual for the Copyright Office’s staff, Additionally, the Final Version reflects
of the original commenters to offer as well as a guidebook for authors, rulemaking activity that post-dated the
surreply to any reply comments the copyright licensees, practitioners, Public Draft, including the Office’s final
Judges receive. Reply comments must be scholars, the courts, and members of the rules on supplementary registration and
filed no later than 30 days after the general public.’’ Id. While it has been a group registration for contributions to
publication of this notice in the Federal guiding manual for the Copyright Office periodicals. 82 FR 27424 (June 15,
Register. Surreplies, if any, must be for several decades, the Office 2017); 82 FR 29410 (June 29, 2017).1 It
filed no later than ten days after the conducted a comprehensive revision of includes a revised Chapter 1700 that
deadline for filing reply comments. the entire Compendium beginning in reflects the Office’s new practice for
2011, which was completed in amending a claim during the course of
The Motion of the Allocation Phase
December 2014 and resulted in the a request for reconsideration. In
Claimants and the comments are posted
Third Edition. 79 FR 78911 (Dec. 31, addition, the Office will not adopt the
on the Copyright Royalty Board Web
2014). position in the Public Draft that, when
site at http://www.loc.gov/crb. an application deposit consists of only
To ensure that the Compendium
Dated: September 26, 2017 remains up to date, the Office monitors one copy when two are required, the
effective date of registration would be
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Suzanne M. Barnett, the law and Office practices. After
Chief U.S. Copyright Royalty Judge. conducting this analysis with regard to based on the date the second copy was
[FR Doc. 2017–20926 Filed 9–28–17; 8:45 am] the 2014 version, the Office released a received. This would have been a
draft revision to the Compendium on departure from the Office’s current
BILLING CODE P
June 1, 2017 (the ‘‘Public Draft’’). The
1 The Final Version does not include the Office’s
2 82
Office posted the Public Draft on its
FR 18160. recent interim rule on secure tests, because the
3 Given the Judges’ general request for reply public Web site and invited comments deadline for submitting comments in that
comments, the Judges DENY the Devotional until July 30, 2017. The draft included proceeding does not expire until December 11,
Claimants’ motion as moot. proposed revisions to the registration 2017. 82 FR 26850 (June 12, 2017).
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Document Created: 2017-09-29 03:27:05
Document Modified: 2017-09-29 03:27:05
| 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 | Notice requesting reply comments. | |
| Dates | Reply comments are due on or before October 30, 2017. Surreplies from original commenters are due on or before November 8, 2017. | |
| Contact | Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected] | |
| FR Citation | 82 FR 45624 |
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