Procedural Regulations of the Copyright Royalty Board Requiring Electronic Filing of Claims

 
CONTENT
Federal Register, Volume 85 Issue 88 (Wednesday, May 6, 2020)
[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
[Proposed Rules]
[Pages 26906-26907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08926]
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 360
[Docket No. 20-CRB-0006-RM]
Procedural Regulations of the Copyright Royalty Board Requiring
Electronic Filing of Claims
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Proposed rule.
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SUMMARY: The Copyright Royalty Judges propose to amend regulations
governing the filing of claims to royalty fees collected under
compulsory license to require that all claims be filed electronically
through the Copyright Royalty Board's (CRB) electronic filing system
(eCRB). The Judges solicit comments on the proposed rule.
DATES: Comments are due no later than June 5, 2020.
ADDRESSES: You may send comments, identified by docket number 20-CRB-
0006-RM, online through eCRB at https://app.crb.gov.
 Instructions: All submissions received must include the Copyright
Royalty Board name and the docket number for this rulemaking. All
comments received 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 background documents or
comments received, go to eCRB at https://app.crb.gov and perform a case
search for docket 20-CRB-0006-RM.
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
at 202-707-7658 or [email protected].
SUPPLEMENTARY INFORMATION: In 2017, the CRB deployed its electronic
filing and case management system, eCRB, and began accepting claims to
compulsory license royalties electronically. The CRB continued,
however, to permit the filing of claims on paper forms.
 The CRB has since received a diminishing number of paper claims. In
the most recent claims filing period for cable and satellite royalties
(July 2019), out of 545 and 280 claims, respectively, the CRB received
two claims for cable royalties and one claim for satellite royalties
that were filed exclusively in paper form.\1\ In the most recent claims
filing period for DART royalties (January-February 2020), out of 61
claims filed, the CRB received no claims that were filed exclusively in
paper form.\2\
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 \1\ For both cable and satellite claims, the CRB received
approximately 20 backup paper claims--i.e., claims filed in paper
form that are duplicates of claims filed in electronic form. The
practice of filing backup paper claims is neither necessary nor
encouraged by the CRB.
 \2\ The CRB received four backup paper claims.
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 The handling of paper claims is more resource-intensive for the CRB
than the handling of electronic claims. Each paper claim must be
opened, date-stamped, numbered, scanned, and uploaded to eCRB, and
details from the paper claim must be entered manually into eCRB to
generate an electronic claim.
 More critically, acceptance of paper claims creates a dependency on
the receipt and processing of mail and courier deliveries. The current
disruption at the Library of Congress to both mail processing and
acceptance of courier deliveries because of the COVID-19 pandemic
demonstrates the risk to claims processing of that dependency.
 In order to eliminate the need for resource-intensive manual
processing of paper claims and to mitigate the risk to CRB operations
of a disruption to normal mail and courier delivery, the Judges propose
to amend 37 CFR part 360 to require that all claims be filed online
through eCRB.
List of Subjects in 37 CFR Part 360
 Administrative practice and procedure, Cable royalties, Claims,
Copyright, Electronic filing, Satellite royalties.
Proposed Regulations
 For the reasons set forth in the preamble, and under the authority
of chapter 8, title 17, United States Code, the Copyright Royalty
Judges propose to amend part 360 of Title 37 of the Code of Federal
Regulations as follows:
[[Page 26907]]
SUBCHAPTER C--SUBMISSION OF ROYALTY CLAIMS
PART 360--FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER
COMPULSORY LICENSE
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1. The authority citation for part 360 continues to read as follows:
 Authority: 17 U.S.C. 801, 803, 805.
 Subpart A also issued under 17 U.S.C. 111(d)(4) and 119(b)(4).
 Subpart B also issued under 17 U.S.C. 1007(a)(1).
 Subpart C also issued under 17 U.S.C. 111(d)(4), 119(b)(4) and
1007(a)(1).
Subpart A--Cable and Satellite Claims
Sec. 360.3 [Amended]
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2. Amend Sec. 360.3 by:
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 a. In paragraph (b), removing the words ``or by mail or hand delivery
in accordance with Sec. 301.2'';
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b. Removing paragraph (d); and
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 c. Redesignating paragraph (e) as paragraph (d).
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3. Amend Sec. 360.4 by:
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 a. Revising paragraph (a);
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 b. Removing paragraph (b)(1)(v);
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 c. Redesignating paragraph (b)(1)(vi) as paragraph (b)(1)(v);
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d. Revising paragraph (b)(2)(i);
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 e. In paragraph (b)(2)(iii), removing the words ``for claims submitted
through eCRB'';
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 f. Removing paragraph (b)(2)(v); and
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g. Redesignating paragraph (b)(2)(vi) as paragraph (b)(2)(v).
 The revisions read as follows:
Sec. 360.4 Form and content of claims.
 (a) Electronic filing. (1) Each filer must file claims online using
the claims filing feature of eCRB to claim cable compulsory license
royalty fees or satellite compulsory license royalty fees and must
provide all information required by the online form and its
accompanying instructions.
 (2) Filers may access eCRB at https://app.crb.gov. The claims
filing feature for claims to cable compulsory license royalty fees and
satellite compulsory license royalty fees will be available only during
the month of July.
 (b) * * *
 (2) * * *
 (i) With the exception of joint claims filed by a performing rights
society on behalf of its members, a list including the full legal name,
address, and email address of each copyright owner whose claim(s) are
included in the joint claim. Claims must include an Excel spreadsheet
containing the information if the number of joint claimants is in
excess of ten.
* * * * *
Sec. 360.5 [Removed]
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4. Remove Sec. 360.5.
Subpart B--Digital Audio Recording Devices and Media (DART) Royalty
Claims
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5. Amend Sec. 360.22 by:
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a. Revising paragraph (a);
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b. In paragraph (b)(2), removing the words ``for claims submitted
through eCRB'';
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c. Removing paragraph (c);
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d. Redesignating paragraphs (d), (e), and (f) as paragraphs (c), (d),
and (e) respectively; and
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e. Revising newly redesignated paragraph (d).
 The revisions read as follows:
Sec. 360.22 Form and content of claims.
 (a) Electronic filing. (1) Each claim to DART royalty payments must
be filed online using the claims filing feature of eCRB and must
contain the information required by the online form and its
accompanying instructions.
 (2) Filers may access eCRB at https://app.crb.gov. The claims
filing feature for claims to DART royalty payments will be available
only during the months of January and February.
* * * * *
 (d) List of claimants. If the claim is a joint claim, it must
include the name of each claimant participating in the joint claim.
Filers submitting joint claims on behalf of ten or fewer claimants,
must list the name of each claimant included in the joint claim
directly on the filed joint claim. Filers submitting joint claims on
behalf of more than ten claimants must include an Excel spreadsheet
listing the name of each claimant included in the joint claim.
* * * * *
Sec. 360.23 [Removed]
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6. Remove Sec. 360.23.
Sec. 360.24 [Redesignated as Sec. 360.23 and Amended]
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7. Amend Sec. 360.24 by:
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 a. Redesignating Sec. 360.24 as Sec. 360.23; and
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b. In paragraph (b) of newly redesignated Sec. 360.23, adding the
words ``online through eCRB'' after the word ``notice''.
Subpart C--Rules of General Application
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8. Amend Sec. 360.30 by adding the sentence ``All Notices of Amendment
must be filed online through eCRB.'' at the end of the paragraph to
read as follows:
Sec. 360.30 Amendment of claims.
 * * * All Notices of Amendment must be filed online through eCRB.
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9. Amend Sec. 360.31 by adding the sentence ``All Notices of
Withdrawal of Claim(s) must be filed online through eCRB.'' at the end
of the paragraph to read as follows:
Sec. 360.31 Withdrawal of claims.
 * * * All Notices of Withdrawal of Claim(s) must be filed online
through eCRB.
 Dated: April 22, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2020-08926 Filed 5-5-20; 8:45 am]
 BILLING CODE 1410-72-P