Notice2023-23518
Distribution of 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
October 25, 2023
Issuing agencies
Library of CongressCopyright Royalty Board
Abstract
The Copyright Royalty Judges solicit comments on a motion of Music Claimants for further partial distribution of Music Category Share funds from the 2016 and 2017 cable royalty funds.
Full Text
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<title>Federal Register, Volume 88 Issue 205 (Wednesday, October 25, 2023)</title>
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[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Notices]
[Pages 73381-73382]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23518]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 16-CRB-0009-CD (2014-17)]
Distribution of Cable Royalty Funds
AGENCY: Copyright Royalty Board (CRB), Library of Congress.
ACTION: Notice requesting comments.
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SUMMARY: The Copyright Royalty Judges solicit comments on a motion of
Music Claimants for further partial distribution of Music Category
Share funds from the 2016 and 2017 cable royalty funds.
DATES: Comments are due on or before November 24, 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-0009-CD (2014-17). All submissions will be
posted without change to eCRB at
[[Page 73382]]
<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 16-CRB-0009-CD (2014-17).
FOR FURTHER INFORMATION CONTACT: Anita Brown, CRB Program Specialist,
by at telephone (202) 707-7658 or email at <a href="/cdn-cgi/l/email-protection#d9baabbb99b5b6baf7beb6af"><span class="__cf_email__" data-cfemail="36554454765a595518515940">[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 April 11, 2023, Broadcast Music, Inc. (``BMI''), the American
Society of Composers, Authors and Publishers (``ASCAP''), and SESAC
Performing Rights, LLC (``SESAC'') (hereafter collectively the ``Moving
Music Claimants'') filed with the Judges a motion pursuant to section
801(b)(3)(C) of the Copyright Act requesting a further \1\ partial
distribution of all but 1.5% of the remaining amount of the share
allocated to the Music Claimants category of the 2016 and 2017 cable
royalty funds. That statutory section requires that, before ruling on
the motion, the Judges must 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\ On July 30, 2016, the Judges issued an Order Granting Motion
for Partial Distribution granting the Moving Music Claimants a
partial distribution of the 2016 funds; and on May 22, 2019, the
Judges issued an Order Granting Motion for Partial Distribution
granting them a partial distribution of the 2017 funds. Motion at 2
& n.4.
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Accordingly, this notice seeks comments from interested claimants
on whether any reasonable objection exists that would preclude the
further partial distribution of the Music Category Share funds
requested to the requesting claimant representatives. Parties objecting
to the proposed further 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
further 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 16-CRB-0009-CD
(2014-17).
Dated: October 19, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-23518 Filed 10-24-23; 8:45 am]
BILLING CODE 1410-72-P
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