Notice2023-14023
Determination of Adjustment to Administrative Assessment To Fund Mechanical Licensing Collective
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
June 30, 2023
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges announce commencement of a proceeding to determine an adjustment to the administrative assessment that digital music providers and any significant nonblanket licensees must pay to fund the operations of the Mechanical Licensing Collective (MLC); set the date by which the MLC and the Digital Licensee Coordinator (DLC) must, and other eligible participants may, file a Petition to Participate and the accompanying $150 filing fee; and announce the schedule for the proceeding and deadlines for submissions.
Full Text
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<title>Federal Register, Volume 88 Issue 125 (Friday, June 30, 2023)</title>
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[Federal Register Volume 88, Number 125 (Friday, June 30, 2023)]
[Notices]
[Pages 42396-42397]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-14023]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 23-CRB-0007 AA]
Determination of Adjustment to Administrative Assessment To Fund
Mechanical Licensing Collective
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice of commencement; request for petitions to participate;
schedule.
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SUMMARY: The Copyright Royalty Judges announce commencement of a
proceeding to determine an adjustment to the administrative assessment
that digital music providers and any significant nonblanket licensees
must pay to fund the operations of the Mechanical Licensing Collective
(MLC); set the date by which the MLC and the Digital Licensee
Coordinator (DLC) must, and other eligible participants may, file a
Petition to Participate and the accompanying $150 filing fee; and
announce the schedule for the proceeding and deadlines for submissions.
DATES: The commencement date of the proceeding is June 30, 2023.
Petitions to Participate and the filing fee are due on or before July
17, 2023. The schedule for submissions and additional proceedings is
set forth in the SUPPLEMENTARY INFORMATION section below.
ADDRESSES: Participants must file petitions to participate using the
online form available on the Copyright Royalty Board's electronic
filing application, eCRB, at <a href="https://app.crb.gov/">https://app.crb.gov/</a>. Participants must
also file submissions in eCRB. See 37 CFR 303.5.
Instructions: All submissions must include the Copyright Royalty
Board name and docket number, 23-CRB-0007 AA. All submissions and
Petitions to Participate received will be posted without change on eCRB
including any personal information provided.
Docket: For access to the docket, 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 23-CRB-0007 AA.
FOR FURTHER INFORMATION CONTACT: Anita Brown, CRB Program Specialist,
(202) 707-7658, <a href="/cdn-cgi/l/email-protection#cba8b9a98ba7a4a8e5aca4bd"><span class="__cf_email__" data-cfemail="ccafbeae8ca0a3afe2aba3ba">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On May 31, 2023, the Mechanical Licensing
Collective (MLC) and Digital Licensee Coordinator (DLC) filed with the
Copyright Royalty Judges (Judges) a joint petition \1\ to commence a
proceeding to adjust the administrative assessment to be paid by
digital music providers to fund the operating budget of the MLC along
with a Joint Motion to Adopt Voluntary Agreement and Proposed
Regulations. Section 115 of the Copyright Act requires the Judges, upon
receipt of such a petition, to commence a proceeding by publication in
the month of June of a notice in the Federal Register seeking Petitions
to Participate. In the notice, the Judges must announce the schedule
for submissions and further proceedings. 17 U.S.C.
115(d)(7)(D)(iv)(II); 37 CFR 355.2(b).
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\1\ The most recent publication of a determination of the
Administrative Assessment by the Judges was January 22, 2022 (86 FR
6568). Petitions to commence an adjustment proceeding may not be
filed earlier than one year after that date and must be filed during
the month of May, 37 CFR 355.2(b), and thus the joint petition was
properly filed.
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The Judges hereby announce commencement of the proceeding.
Participation by the MLC and the DLC in the proceeding is required, and
the participation of copyright owners, digital music providers, and
significant nonblanket licensees in the proceeding is permitted. 17
U.S.C. 115(d)(7)(D)(iv)(II); 37 CFR 355.2(c)-(d). The Judges,
therefore, direct the MLC and the DLC to file Petitions to Participate,
request Petitions to Participate from any other eligible participant
with a significant interest in the determination of the Administrative
Assessment, and set a schedule for submissions and further proceedings.
Petitions To Participate
Parties filing Petitions to Participate must comply with the
requirements of 37 CFR 355.2(e).
How To Submit Petitions To Participate
Petitioners must submit a filing fee of $150 to the Copyright
Royalty Board
[[Page 42397]]
with their Petition to Participate, or the Judges will reject the
petition.
Parties must file Petitions to Participate online through eCRB
using the online form, including therein factual information sufficient
to establish that the petitioner has a significant interest in the
determination of the Administrative Assessment, pursuant to 17 U.S.C.
115(d)(7)(D)(iv)(II) and 37 CFR 355.2(e), and pay the filing fee by
credit card using the payment portal on eCRB.
Any participant that is an individual may represent herself or
himself. All other participants must be represented by counsel. In
accordance with Sec. 303.2 of the Judges' regulations, only attorneys
who are members of the bar in one or more states or the District of
Columbia and in good standing will be allowed to represent parties
before the Copyright Royalty Judges. 37 CFR 303.2.
Schedule for Submissions and Further Proceedings
The schedule for submissions and further proceedings is as follows:
the commencement date of the proceeding is June 30, 2023; the first
negotiation period is June 30-August 29, 2023; written notification
from the MLC and DLC regarding results of negotiations is due August
29, 2023; the opening submission from the MLC, with concurrent
production of required documents and disclosures, is due September 28,
2023; the first discovery period is September 29-November 28, 2023;
responsive submissions from the DLC and from other participants, with
concurrent production of required documents and disclosures, are due
December 28, 2023; the second discovery period is December 29, 2023-
February 27, 2024; the second negotiation period is February 28-March
13, 2024; reply submissions from the MLC are due April 10, 2024;
written notification from the MLC and DLC regarding results of
negotiations is due March 13, 2024; the joint pre-hearing submission is
due on April 15, 2024; a hearing on the record will begin on April 29,
2024. See 17 U.S.C. 115(d)(7)(D)(iv)(II), 37 CFR 355.2-355.4.
The Judges will address further procedural matters after Petitions
to Participate are filed. See 37 CFR 355.2(f)-(g); 355.3(a), (h).
Dated: June 26, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-14023 Filed 6-28-23; 8:45 am]
BILLING CODE 1410-72-P
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