Notice2023-05812
Distribution of 2020 Cable 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 22, 2023
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges solicit comments on a motion of Allocation Phase claimants for partial distribution of 2020 cable royalty funds.
Full Text
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<title>Federal Register, Volume 88 Issue 55 (Wednesday, March 22, 2023)</title>
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[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Notices]
[Page 17272]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05812]
[[Page 17272]]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 21-CRB-0008-CD (2020 CD)]
Distribution of 2020 Cable 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
Allocation Phase claimants for partial distribution of 2020 cable
royalty funds.
DATES: Comments are due on or before April 21, 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 21-CRB-0008-CD (2020 CD). 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 number 21-CRB-0008-CD (2020 CD).
FOR FURTHER INFORMATION CONTACT: Anita Brown, CRB Program Specialist,
by telephone at (202) 707-7658 or email at <a href="/cdn-cgi/l/email-protection#7e1d0c1c3e12111d50191108"><span class="__cf_email__" data-cfemail="01627363416d6e622f666e77">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Each year cable systems must submit royalty
payments to the Register of Copyrights as required by the statutory
license detailed in section 111 of the Copyright Act for the
retransmission to cable subscribers of over-the-air television and
radio broadcast signals. See 17 U.S.C. 111(d). The Copyright Royalty
Judges (Judges) oversee distribution of royalties to copyright owners
whose works were included in a qualifying transmission and who file a
timely 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 agreement among all claiming parties. 17 U.S.C.
111(d)(4)(A), 801(b)(3)(A). 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.
17 U.S.C. 111(d)(4)(B), 801(b)(3)(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. 17 U.S.C. 111(d)(4)(C),
801(b)(3)(C).
On December 30, 2022, representatives of all the Allocation Phase
(formerly ``Phase I'') claimant categories \1\ filed with the Judges a
motion pursuant to section 801(b)(3)(C) of the Copyright Act requesting
a partial distribution amounting to 40% of the 2020 cable royalty funds
on deposit. That statutory 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. 17 U.S.C. 801(b)(3)(C).
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\1\ The representatives are Program Suppliers; Joint Sports
Claimants; Public Television Claimants; Devotional Claimants;
Commercial Television Claimants; Canadian Claimants Group; National
Public Radio; American Society of Composers, Authors and Publishers;
Broadcast Music, Inc.; and SESAC, Inc. which represent traditionally
recognized claimant categories. The Judges have not determined, and
do not by this notice determine, the universe of claimant categories
for 2020 cable retransmission royalties.
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Accordingly, this notice seeks comments from interested claimants
on whether any reasonable objection exists that would preclude the
distribution of 40% of the 2020 cable royalty funds to the requesting
claimant representatives. Parties objecting to the proposed partial
distribution must advise the Judges of the existence and extent of all
objections by the end of the comment period. The Judges will not
consider any objections with respect to the partial distribution that
come to their attention after the close of the comment period.
Members of the public may read the motion by accessing the
Copyright Royalty Board's electronic filing and case management system
at <a href="https://app.crb.gov">https://app.crb.gov</a> and searching for docket number 21-CRB-0008-CD
(2020 CD).
Dated: March 16, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-05812 Filed 3-21-23; 8:45 am]
BILLING CODE 1410-72-P
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