Notice2022-05270
Distribution of 2015-17 Satellite Royalty Funds
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 14, 2022
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges announce partial settlement of controversies and request comments on a motion for partial distribution of satellite television retransmission royalties for royalty years 2015-17.
Full Text
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<title>Federal Register, Volume 87 Issue 49 (Monday, March 14, 2022)</title>
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[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Page 14298]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05270]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 16-CRB-0010-SD (2014-17)]
Distribution of 2015-17 Satellite Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice requesting comments.
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SUMMARY: The Copyright Royalty Judges announce partial settlement of
controversies and request comments on a motion for partial distribution
of satellite television retransmission royalties for royalty years
2015-17.
DATES: Comments are due on or before April 13, 2022.
ADDRESSES: Interested claimants must submit timely comments using eCRB,
the Copyright Royalty Board's online electronic filing application, at
<a href="https://app.crb.gov">https://app.crb.gov</a>.
Instructions: All submissions must include a reference to the CRB
and docket number 16-CRB-0010-SD (2014-17). All submissions will be
posted without change to eCRB at <a href="https://app.crb.gov">https://app.crb.gov</a> including any
personal information provided.
Docket: For access to the docket to read submitted background
documents or comments, go to eCRB, the Copyright Royalty Board's online
electronic filing and case management system, at <a href="https://app.crb.gov">https://app.crb.gov</a>
and search for docket No. 16-CRB-0010-SD (2014-17).
FOR FURTHER INFORMATION CONTACT: Anita Brown, CRB Program Specialist,
(202) 707-7658, <a href="/cdn-cgi/l/email-protection#87e4f5e5c7ebe8e4a9e0e8f1"><span class="__cf_email__" data-cfemail="0467766644686b672a636b72">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Each year satellite television providers
must submit royalty payments to the Register of Copyrights as required
by the statutory license set forth in section 119 of the Copyright Act
for the retransmission to satellite service subscribers of over-the-air
television broadcast signals. See 17 U.S.C. 119(b). The Copyright
Royalty Judges (Judges) oversee distribution of royalties to copyright
owners whose works were included in a qualifying retransmission 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. See id. at
119(b)(5)(B), (C). 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. Id. at
119(b)(5)(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. Id.; 17 U.S.C. 801(b)(3)(C).\1\
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\1\ In authorizing a partial distribution under Section
801(b)(3)(C), the Judges must conclude that no claimant entitled to
receive the requested funds has stated a reasonable objection to the
partial distribution and all such claimants must (1) agree to the
partial distribution, (2) sign an agreement obligating them to
return any excess amounts to the extent necessary to comply with the
final determination on the distribution of the fees under section
801(b)(3)(B); file the agreement with the Judges; and agree that
such funds are available for distribution. 17 U.S.C. 801(b)(3)(C).
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On September 15, 2021, the Judges received a Joint Notice of Final
Allocation Phase Settlement and Motion for Further Distribution of
2015-17 Satellite Royalties (Notice and Motion). The parties to the
Notice and Motion are all participants self-identifying as ``Allocation
Phase Parties'' in the 2014-17 satellite royalty distribution
proceeding.\2\ The Allocation Phase Parties seek distribution of the
funds in question under 17 U.S.C. 801(b)(3)(A).\3\ The Allocation Phase
Parties represent that there are no remaining controversies regarding
allocation of the 2015-17 satellite royalty funds among the self-
identified categories of claimants.
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\2\ Participants self-identifying as Allocation Phase Parties
are: Commercial Television Claimants; Settling Devotional Claimants;
Joint Sports Claimants; Music Claimants comprising American Society
of Composers, Authors and Publishers, Broadcast Music, Inc., and
SESAC Performing Rights, LLC; and Program Suppliers.
\3\ Under section 801(b)(3)(A), the Judges may authorize
distribution of funds deposited under 17 U.S.C. 119, to the extent
the Judges find that the distribution is not subject to controversy.
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The moving parties concede, however, the existence of controversies
within most of the claimant categories, viz., claims asserted by
Multigroup Claimants to funds otherwise allocable to Program Suppliers,
Joint Sports Claimants, and Devotional Claimants, and claims asserted
by Global Music Rights LLC to funds allocable to the Music Claimants
category. Accordingly, the Allocation Phase Parties request that the
Judges reserve 5% of the 2015-17 Satellite Funds currently being held
by the Copyright Office to address unresolved Distribution Phase
controversies and distribute the remaining 95% of those to the
Allocation Phase Parties pursuant to 17 U.S.C. 801(b)(3)(A). Notice and
Motion at 1-2. The parties do not seek final distribution with respect
to any of the allocation categories in which there are no allocation or
distribution phase controversies.
While the Judges cannot make the necessary finding to authorize the
requested distribution under section 801(b)(3)(A), they will consider
whether the requested distribution is warranted under section
801(b)(3)(C). The Judges hereby solicit comments on the requested
distribution to determine whether any claimant entitled to receive such
royalty fees has a reasonable objection to the partial distribution and
whether all claimants entitled to receive such fees is willing to agree
to the stipulations for such distribution under section 801(b)(3)(C)
(i)-(iv). The Notice and Motion is available for review in eCRB, the
CRB electronic filing site, at <a href="https://app.crb.gov">https://app.crb.gov</a>.
Dated: March 8, 2022.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2022-05270 Filed 3-11-22; 8:45 am]
BILLING CODE 1410-72-P
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