2016-03599. Proceedings of the Copyright Royalty Board; Technical Amendment

AGENCY:

Copyright Royalty Board, Library of Congress.

ACTION:

Final rule; technical amendment.

SUMMARY:

The Copyright Royalty Judges are adopting a technical amendment to a Copyright Royalty Board rule regarding participation in distribution proceedings. The technical amendment updates the threshold requirement for payment of a filing fee to conform the rule to a statutory provision.

DATES:

Effective February 22, 2016.

FOR FURTHER INFORMATION CONTACT:

LaKeshia Keys [phone] or email at [e-mail].

SUPPLEMENTARY INFORMATION:

On October 6, 2006, Congress enacted the Copyright Royalty Judges Program Technical Corrections Act. Public Law 109-303, 120 Stat. 1478 (2006). Among other things, the Technical Corrections Act changed Section 803(b)(2)(D)(ii)(II) of the Copyright Act, which requires parties that wish to participate in a Copyright Royalty Board royalty distribution proceeding to pay a $150 filing fee unless the petitioner includes a statement with its petition to participate stating that the petitioner will not seek a distribution of more than $1000, in which case no filing fee is required. Prior to the Technical Corrections Act, the threshold for a fee waiver in a distribution proceeding was $10,000, an amount that was (and still is) codified in CRB Rule 351.1(b)(4).^[1]

To conform the CRB regulation with the statutory provision under which it was adopted, the Judges hereby amend CRB Rule 351.1(b)(4) to state that the threshold requirement for a filing fee waiver is $1000, rather than $10,000. Because this is a technical amendment, the Judges find that prior publication for notice and comment is unnecessary. See 5 U.S.C. 553(b)(3)(B). See also 61 FR 63715 (Dec. 2, 1996) (adopting technical amendments to CARP rules).

List of Subjects in 37 CFR Part 351

• Administrative practice and procedure
• Copyright

For the reasons set forth in the preamble, the Copyright Royalty Judges amend 37 CFR part 351 as follows:

PART 351—PROCEEDINGS

1. The authority citation for part 351 continues to read as follows:

Authority: 17 U.S.C. 803.

2. Amend § 351.1 to revise paragraph (b)(4) to read as follows:

§ 351.1

Initiation of proceedings.

* * * * *

(b) * * *

(4) Filing fee. A petition to participate must be accompanied with a filing fee of $150 or the petition will be rejected. Payment shall be made to the Copyright Royalty Board. If a check is subsequently dishonored, the petition will be rejected. If the petitioner believes that the contested amount of that petitioner's claim will be $1000 or less, petitioner shall so state in the petition to participate and should not include payment of the $150 filing fee. If it becomes apparent during the course of the proceedings that the contested amount of the claim is more than $1000, the Copyright Royalty Judges will require payment of the filing fee at such time.

* * * * *

Dated: December 30, 2015.

Suzanne M. Barnett,

Chief Copyright Royalty Judge.

Approved by:

David S. Mao,

Acting Librarian of Congress.

Footnotes

1.  37 CFR 351.1(b)(4); 70 FR 30901, 30903 (May 31, 2005).