Professional Documents
Culture Documents
Dated: August 7, 2007. Copyright Act of 1976, and codified at subscribers located anywhere in the
Victor M. Fortuno, Section 111 of the Act, provides cable United States. However, the Section 119
Vice President and General Counsel. systems with a statutory license to statutory license limits the secondary
[FR Doc. E7–15661 Filed 8–9–07; 8:45 am] retransmit a performance or display of transmissions of network station signals
BILLING CODE 7050–01–P a work embodied in a primary to no more than two such stations in a
transmission made by a television or single day to persons who reside in
radio station licensed by the Federal unserved households. Each year satellite
LIBRARY OF CONGRESS Communications Commission (‘‘FCC’’). carriers submit royalties to the
Cable systems that retransmit broadcast Copyright Office under the section 119
Copyright Office signals in accordance with the statutory license for the retransmission
provisions governing the statutory to their subscribers of superstations and
[Docket Nos. 2001–8 CARP CD 98–99, 2002– license set forth in Section 111 are
8 CARP CD 2000, 2003–2 CARP CD 2001,
network stations to unserved
2004–5 CARP CD–2002, 2001–5 CARP SD
required to pay royalty fees to the households. 17 U.S.C. 119. These
99, 2001–7 CARP SD 2000, and 99–4 CARP Copyright Office. Payments made under royalties, in turn, have been distributed
DPRA] the cable statutory license are remitted in one of two ways to copyright owners
semi–annually to the Copyright Office whose works were included in a
Notice of Terminations which invests the royalties in United retransmission of an over–the–air
States Treasury securities pending television broadcast signal and who
AGENCY: Copyright Office, Library of
distribution of these funds to those timely filed a claim for royalties with
Congress.
copyright owners who are entitled to the Copyright Office. The copyright
ACTION: Notice of termination of receive a share of the fees. We terminate owners may either have negotiated the
proceedings. Docket Nos. 2001–8 CARP CD 98–99, terms of a settlement as to the division
SUMMARY: The Copyright Office of the 2002–8 CARP CD 2000, 2003–2 CARP of the royalty funds, or a CARP was
Library of Congress is announcing the CD 2001, and 2004–5 CARP CD–2002, convened to conduct a proceeding to
termination of the proceedings in the the four Section 111 CARP proceedings determine the distribution of the
above–captioned dockets conducted that have remained open. royalties that remain in controversy. We
under the former Copyright Arbitration We note that there has been a terminate Docket Nos. 2001–5 CARP SD
Royalty Panel system. The Office is also controversy regarding the participation 99 and 2001–7 CARP SD 2000, the two
providing notice that the authority to set of the Independent Producers Group Section 119 CARP proceedings that
rates or to make determinations (‘‘IPG’’) in the distribution of the 1998– have remained open. Henceforth,
regarding the future distribution of 2002 cable royalty funds. In past Orders, resolution of the controversies
royalty funds associated with these the Office has found that IPG has concerning the distribution of the
proceedings will be transferred to the repeatedly failed to comply with the remaining funds shall be considered by
Copyright Royalty Board. rules governing the CARP process, the CRJs.
especially with regard to service of
DATES: Effective August 10, 2007. Section 115 Royalties. The Digital
filings on other parties. Consequently,
FOR FURTHER INFORMATION CONTACT: the Office did not accept its responses Performance Right In Sound Recording
Tanya M. Sandros, Acting General to its September 2005 Orders when Act of 1995 (‘‘DPRA’’), Pub. L. No. 104–
Counsel, or Ben Golant, Principal Legal making its determination with respect to 39, 109 Stat. 336, clarified the scope of
Advisor. Telephone: (202) 707–8380. a further partial distribution. See, e.g., the compulsory license to make and
Telefax: (202) 252–3423. Distribution of the 1998–2002 Cable distribute phonorecords of nondramatic
SUPPLEMENTARY INFORMATION: On Royalty Funds, Order (rel. Apr. 3, 2007). musical compositions, including the
November 30, 2004, the President In response to this order, IPG asked the right to distribute or authorize
signed into law the Copyright Royalty Office to clarify that it remains a party distribution by means of a digital
and Distribution Reform Act of 2004 to the proceedings in which it has an transmission which constitutes a
(the ‘‘CRDRA’’), Pub. L. 108–419, No. interest. (Letter from James Sun, Pick & ‘‘digital phonorecord delivery.’’’ 17
118 Stat. 2341. This Act, which became Boydston, LLP, dated April 11, 2007.) U.S.C. 115(c)(3)(A). The DPRA
effective on May 31, 2005, phases out The question, however, is moot. established that the rate for all DPDs
the Copyright Arbitration Royalty Panel Termination of these proceedings brings made or authorized under a compulsory
(‘‘CARP’’) system and replaces it with an end to all outstanding controversies license on or before December 31, 1997,
three permanent Copyright Royalty before the Office and vests authority in was the same as the rate in effect for the
Judges (‘‘CRJs’’). Additionally, CRDRA the CRJs to initiate a new proceeding in making and distribution of physical
allows for the termination of ‘‘any accordance with their rules to consider phonorecords for that period. 17 U.S.C.
[CARP] proceeding commenced by the the disposition of the remaining royalty 115(c)(3)(A)(i). For DPDs made or
date of the enactment of this Act...and fees that have not yet been distributed. authorized after December 31, 1997, the
any proceeding so terminated shall Satellite Royalties. The satellite DPRA established a two–tier process for
become null and void. In such cases, the carrier statutory license, first enacted determining the terms and rates: either
Copyright Royalty Judges may initiate a through the Satellite Home Viewer Act the copyright owners of nondramatic
new proceeding in accordance with (‘‘SHVA’’) of 1988, and codified in musical works and those persons
regulations adopted pursuant to section Section 119 of the Act, establishes a entitled to obtain a license may have
803(b)(6) of title 17, United States statutory copyright licensing scheme for negotiated the rates and terms for the
Code.’’ Section 6(b)(1) of the Copyright satellite carriers that retransmit the statutory license, or they may have
Royalty and Distribution Reform Act of signals of distant television network participated in a CARP proceeding. 17
sroberts on PROD1PC70 with PROPOSALS
2004, Pub. L. No. 108–419. The stations and superstations to satellite U.S.C. 115(c)(3)(A)–(D). Such rates and
Copyright Office is announcing the dish owners for their private home terms, whether negotiated by the parties
termination of all open proceedings viewing and for viewing in commercial or determined by a CARP, were to
under this provision. establishments. Satellite carriers may distinguish between ‘‘digital
Cable Royalties. The cable statutory use the Section 119 license to retransmit phonorecord deliveries where the
license, first enacted through the the signals of superstations to reproduction or distribution of a
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45072 Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Notices
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