[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Notices]
[Page 41473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19585]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 99-5 CARP CD 97]
Ascertainment of Controversy for 1997 Cable Royalty Funds
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice with request for comments.
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SUMMARY: The Copyright Office of the Library of Congress directs all
claimants to royalty fees collected for secondary transmission by cable
systems in 1997 to submit comments as to whether a Phase I or a Phase
II controversy exists as to the distribution of these funds.
DATES: Comments are due September 28, 1999.
ADDRESSES: If sent by mail, an original and five copies of written
comments and a Notice of Intent to Participate should be addressed to:
Copyright Arbitration Royalty Panel (CARP), PO Box 70977, Southwest
Station, Washington, DC 20024. If hand-delivered, an original and five
copies of written comments and a Notice of Intent to Participate should
be brought to: Office of the Copyright General Counsel, James Madison
Memorial Building, LM-403, First and Independence Avenue, SE,
Washington, D.C. 20559-6000.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya M. Sandros, Attorney Advisor, Copyright Arbitration Royalty
Panels, PO Box 70977, Southwest Station, Washington, DC 20024.
Telephone: (202) 707-8380. Telefax: (202) 252-3423.
SUPPLEMENTARY INFORMATION: Each year, cable systems submit royalties to
the U.S. Copyright Office under a statutory license which allows cable
systems to retransmit broadcast signals to their subscribers. 17 U.S.C.
111. These royalties are distributed, in turn, in one of two ways to
copyright owners whose works were included in a cable system's
secondary transmission and who timely filed a claim with the Copyright
Office.
These copyright owners may either negotiate a settlement agreement
among themselves as to the distribution of the royalty fees, or the
Librarian of Congress may convene an ad hoc Copyright Arbitration
Royalty Panel (CARP) to determine the final distribution of the royalty
fees which remain in controversy. See 17 U.S.C. chapter 8. The
Copyright Act also allows the copyright owners to receive a partial
distribution of the royalty fees prior to the final determination so
long as sufficient funds are withheld from distribution ``to satisfy
all claims with respect to which a controversy exists.'' 17 U.S.C.
111(d)(4)(C).
Each year since 1996, representatives of the Phase I claimant
categories to which royalties have been allocated in prior distribution
proceedings have filed with the Copyright Office a motion for partial
distribution of the cable royalties collected two years prior to the
requested distribution. However, before beginning a distribution
proceeding or making a partial distribution, the Librarian of Congress
must first ascertain whether a controversy exists as to the
distribution of the funds. 17 U.S.C. 803(d).
In anticipation of a similar filing in 1999, the Office is
requesting comment on the existence of any controversies as to the
distribution of the 1997 cable royalties. The Office also requests that
those claimants intending to participate in the 1997 distribution
proceeding file a Notice of Intent to Participate, noting whether they
anticipate participating in a Phase I proceeding, a Phase II
proceeding, or both.
In a Phase I proceeding, the arbitrators ascertain the distribution
of royalties among the categories of broadcast programming represented
in the proceeding, and in a Phase II proceeding, the arbitrators settle
disputes between claimants within a particular category concerning the
distribution of royalty fees within the group. If a claimant
anticipates a Phase II controversy, the claimant must state each
program category in which he or she has an interest which by the end of
the comment period has not yet been satisfied by private agreement.
Participants must advise the Office of the existence of all
controversies, Phase I or Phase II, by the end of the comment period.
The Office will not consider controversies which come to its attention
after the close of the comment period. Failure to file a timely Notice
of Intent to Participate shall also preclude a party from participating
in this proceeding.
Dated: July 26, 1999.
Marybeth Peters,
Register of Copyrights.
[FR Doc. 99-19585 Filed 7-29-99; 8:45 am]
BILLING CODE 1410-33-P
