Notice2022-26952
Distribution of 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
December 13, 2022
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges solicit comments on a motion of the Allocation Parties for further partial distribution of 2015-2017 satellite royalty funds.
Full Text
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<title>Federal Register, Volume 87 Issue 238 (Tuesday, December 13, 2022)</title>
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[Federal Register Volume 87, Number 238 (Tuesday, December 13, 2022)]
[Notices]
[Page 76218]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-26952]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 16-CRB-0010-SD (2014-17)]
Distribution of Satellite 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
the Allocation Parties for further partial distribution of 2015-2017
satellite royalty funds.
DATES: Comments are due on or before January 12, 2023.
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, Program Specialist, 202-
707-7658, <a href="/cdn-cgi/l/email-protection#01627363416d6e622f666e77"><span class="__cf_email__" data-cfemail="30534252705c5f531e575f46">[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 August 17, 2022, representatives of all the Allocation Phase
claimant categories \2\ filed with the Judges a motion requesting a
partial distribution amounting to 90% of the 2015, 2016, and 2017
satellite royalty funds pursuant to section 801(b)(3)(C) of the
Copyright Act. 17 U.S.C. 801(b)(3)(C). Joint Motion for Further
Distribution of 2015-17 Satellite Royalties (Motion) (eCRB No. 27154).
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 reasonable objection to
the requested distribution. Accordingly, this notice seeks comments
from interested claimants on whether any reasonable objection exists
that would preclude the distribution of 90% of the 2015, 2016, and 2017
satellite royalty funds to the Allocation Phase Claimants.
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\2\ The parties to the Motion, are participants self-identifying
as ``Allocation Phase Parties'' in the 2014-17 satellite royalty
distribution: 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.
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Parties objecting to the proposed partial distribution must advise
the Judges of the existence and extent of all their 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 Motion is available for review in eCRB, the CRB'S electronic
filing site, at <a href="https://app.crb.gov">https://app.crb.gov</a>.
Dated: December 7, 2022.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2022-26952 Filed 12-12-22; 8:45 am]
BILLING CODE 1410-72-P
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