Distribution of Cable Royalty Funds
| Published date | 13 September 2021 |
| Citation | 86 FR 50909 |
| Record Number | 2021-19696 |
| Section | Notices |
| Court | Copyright Royalty Board,Library Of Congress |
Federal Register, Volume 86 Issue 174 (Monday, September 13, 2021)
[Federal Register Volume 86, Number 174 (Monday, September 13, 2021)]
[Notices]
[Pages 50909-50910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19696]
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LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. CONSOLIDATED 16-CRB-0009-CD (2014-17)]
Distribution of Cable Royalty Funds
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Notice requesting comments.
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SUMMARY: The Copyright Royalty Judges solicit comments on a motion of
Multigroup Claimants for partial distribution of 2015-2017 cable
royalty funds.
DATES: Comments are due on or before October 13, 2021.
ADDRESSES: Interested claimants must submit timely comments using eCRB,
the Copyright Royalty Board's online electronic filing application, at
https://app.crb.gov/.
Instructions: All submissions must include a reference to the CRB
and docket number CONSOLIDATED 16-CRB-0009-CD (2014-17). All
submissions will be posted without change to eCRB at https://app.crb.gov/ including any personal information provided.
Docket: For access to the docket to read submitted documents, go to
eCRB,
[[Page 50910]]
the Copyright Royalty Board's electronic filing and case management
system, at https://app.crb.gov/ and search for docket number
CONSOLIDATED 16-CRB-0009-CD (2014-17).
FOR FURTHER INFORMATION CONTACT: Anita Blaine, Program Specialist, 202-
707-7658, [email protected].
SUPPLEMENTARY INFORMATION: Each year cable systems must submit royalty
payments to the Register of Copyrights as required by the statutory
license set forth in sec. 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 timely
filed a 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 settlement among all claiming parties. 17 U.S.C.
111(d)(4)(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). 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 July 23, 2021, Worldwide Subsidy Group LLC dba Multigroup
Claimants (MGC) filed with the Judges a motion requesting partial
distributions in the amount of $893,086 from the 2015 cable royalty
fund, $842,586 from the 2016 cable royalty fund, and $839,111 from the
2017 cable royalty fund, pursuant to sec. 801(b)(3)(C) of the Copyright
Act. 17 U.S.C. 801(b)(3)(C). Motion at 5.\1\ MGC represents that the
partial distribution amounts it requests are based on a formula that
MGC developed that takes into consideration the amount of cable funds
that have been collected for 2015, 2016, and 2017 and applying a
``blended percentage of the aggregate cable funds attributable to 2010-
2013 attributable to MGC's devotional programming claims.'' Motion at
4-5.\2\
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\1\ The Motion can be found at https://app.crb.gov/document/download/25502.
\2\ According to MGC, applying its formula to the cable
royalties collected for 2015, 2016, and 2017, yields $1,786,172 (for
2015), $1,685,172 (for 2016), and $1,678,223 (for 2017). MGC
requests 50% of these amounts. Motion at 5.
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The Settling Devotional Claimants (SDC) opposed the Motion as well
as a separate motion that MGC filed in the companion satellite docket.
Settling Devotional Claimants' Opposition to Multigroup Claimants'
Motion for Partial Distribution of 2015-2017 Cable and Satellite
Royalty Funds (Opposition).\3\ MGC filed a Reply in support of its
Motion. See Multigroup Claimants' Reply in Support of Motion for
Partial Distribution of 2015-2017 Cable Royalties (Aug. 13, 2021).\4\
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\3\ The Opposition can be found at https://app.crb.gov/document/download/25571.
\4\ The Reply can be found at https://app.crb.gov/document/download/25602.
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Prior to ruling on a motion for partial distribution filed under
Sec. 801(b)(3)(C) of the Copyright Act, the Judges must publish a
notice in the Federal Register to determine whether any interested
claimant entitled to receive such royalty fees has a reasonable
objection to the partial distribution. Accordingly, this Notice seeks
comments from interested claimants on whether any reasonable objection
exists that would preclude the distribution to MGC of the requested
amounts from the 2015-2017 cable royalty funds. As the Judges have
commenced a distribution proceeding concerning 2014-2017 cable
royalties, only claimants that have filed petitions to participate in
the proceeding (or are included in a petition to participate filed on
their behalf) are ``interested claimants'' for purposes of this Notice.
Interested claimants objecting to the 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 partial distribution motion that come to their attention
after the close of the comment period.\5\
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\5\ The Judges deem the SDC's Opposition and MGC's Reply to
constitute timely comments and will consider them, together with any
other comments they receive during the comment period, in
determining whether any reasonable objection exists that would
preclude the requested distribution to MGC.
Dated: September 8, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-19696 Filed 9-10-21; 8:45 am]
BILLING CODE 1410-72-P
