Notice2021-27669
Determination of Royalty Rates and Terms for Making Ephemeral Copies of Sound Recordings for Transmission to Business Establishments (Business Establishments IV)
Primary source
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Published
January 5, 2022
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges (Judges) announce commencement of a proceeding to determine reasonable royalty rates and terms for the recording of ephemeral copies of sound recordings to facilitate digital audio transmissions of those sound recordings to business establishments pursuant to the limitation on exclusive rights specified by the Copyright Act. The royalty rates and terms the Judges determine in this proceeding will apply during the period beginning January 1, 2024, and ending December 31, 2028. The Judges also announce the date by which a party wishing to participate in the rate determination proceeding must file its Petition to Participate and pay the accompanying $150 filing fee.
Full Text
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<title>Federal Register, Volume 87 Issue 3 (Wednesday, January 5, 2022)</title>
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[Federal Register Volume 87, Number 3 (Wednesday, January 5, 2022)]
[Notices]
[Page 490]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27669]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 21-CRB-0013-BER (2024-2028)]
Determination of Royalty Rates and Terms for Making Ephemeral
Copies of Sound Recordings for Transmission to Business Establishments
(Business Establishments IV)
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice announcing commencement of proceeding with request for
Petitions to Participate.
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SUMMARY: The Copyright Royalty Judges (Judges) announce commencement
of a proceeding to determine reasonable royalty rates and terms for the
recording of ephemeral copies of sound recordings to facilitate digital
audio transmissions of those sound recordings to business
establishments pursuant to the limitation on exclusive rights specified
by the Copyright Act. The royalty rates and terms the Judges determine
in this proceeding will apply during the period beginning January 1,
2024, and ending December 31, 2028. The Judges also announce the date
by which a party wishing to participate in the rate determination
proceeding must file its Petition to Participate and pay the
accompanying $150 filing fee.
DATES: Petitions to Participate and the filing fee are due no later
than February 4, 2022.
ADDRESSES: The petition to participate form is available online in
eCRB, the Copyright Royalty Board's online electronic filing
application, at <a href="https://app.crb.gov/">https://app.crb.gov/</a>.
Instructions: The petition to participate process has been
simplified. Interested parties file a petition to participate by
completing and filing the petition to participate form in eCRB and
paying the fee in eCRB. Do not upload a petition to participate
document.
Docket: For access to the docket to read submitted documents, go to
eCRB, the Copyright Royalty Board's electronic filing and case
management system at <a href="https://app.crb.gov/">https://app.crb.gov/</a> and search for docket number
21-CRB-0013-BER (2024-2028).
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
(202) 707-7658, <a href="/cdn-cgi/l/email-protection#c8abbaaa88a4a7abe6afa7be"><span class="__cf_email__" data-cfemail="2b4859496b474448054c445d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The Copyright Act provides that the
Copyright Royalty Judges (Judges) commence a proceeding every fifth
year \1\ to determine royalty rates and terms for the recording of
ephemeral copies of sound recordings pursuant to the statutory license
in 17 U.S.C. 112(e)(1) to facilitate digital audio transmissions of
those sound recordings to business establishments pursuant to the
limitation on exclusive rights specified by 17 U.S.C. 114(d)(1)(C)(iv).
See 17 U.S.C. 804(b)(2). This notice commences the rate determination
proceeding for the license period 2024-2028, inclusive. Section
803(b)(1)(A)(i)(II) directs the Judges to publish in the Federal
Register a notice commencing this proceeding by no later than January
5, 2022.
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\1\ The Judges commenced a proceeding to determine the 2019-2023
rates and terms in 2017. See 82 FR 143 (Jan. 3, 2017).
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Petitions To Participate
Parties with a significant interest in the outcome of the
``business establishments'' royalty rate proceeding must provide the
information required by Sec. 351.1(b) of the Judges' regulations by
completing and filing the Petition to Participate form in eCRB. Parties
must pay the $150 filing fee when filing each Petition to Participate
form. 37 CFR 351.1(b). Parties must use the form in eCRB instead of
uploading a document.
Only attorneys who are admitted to the bar in one or more states or
the District of Columbia and are members in good standing will be
allowed to represent parties before the Judges. Only an individual may
represent herself or himself and appear without legal counsel. 37 CFR
303.2.
Dated: December 16, 2021.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2021-27669 Filed 1-4-22; 8:45 am]
BILLING CODE 1410-72-P
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