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

Published date24 June 2020
Citation85 FR 37752
Record Number2020-13554
SectionRules and Regulations
CourtCopyright Royalty Board
Federal Register, Volume 85 Issue 122 (Wednesday, June 24, 2020)
[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
                [Rules and Regulations]
                [Pages 37752-37753]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-13554]
                [[Page 37752]]
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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: Final rule.
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                SUMMARY: The Copyright Royalty Judges (Judges) adopt amendments to
                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).
                DATES: Effective June 24, 2020.
                FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
                by telephone at (202) 707-7658 or email at [email protected].
                SUPPLEMENTARY INFORMATION: On May 6, 2020, the Copyright Royalty Judges
                (Judges) published a proposed rule amending 37 CFR part 360 to require
                that all claims to royalty fees collected under compulsory license be
                filed online through eCRB. 85 FR 26906 (May 6, 2020). The Judges
                received no comments on the proposal and therefore adopt it as proposed
                for the reasons set forth below.
                Background
                 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, and having
                received no comments from the public in response to the May 6, 2020
                proposed rule, the Judges hereby 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.
                 For the reasons set forth in the preamble, and under the authority
                of chapter 8, title 17, United States Code, the Copyright Royalty
                Judges hereby amend part 360 of title 37 of the Code of Federal
                Regulations as follows:
                Subchapter C--Submission of Royalty Claims
                PART 360--FILING OF CLAIMS TO ROYALTY FEES COLLECTED UNDER
                COMPULSORY LICENSE
                0
                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]
                0
                2. Amend Sec. 360.3 by:
                0
                a. In paragraph (b), removing the words ``or by mail or hand delivery
                in accordance with Sec. 301.2'';
                0
                b. Removing paragraph (d); and
                0
                c. Redesignating paragraph (e) as paragraph (d).
                0
                3. Amend Sec. 360.4 by:
                0
                a. Revising paragraph (a);
                0
                b. Removing paragraph (b)(1)(v);
                0
                c. Redesignating paragraph (b)(1)(vi) as paragraph (b)(1)(v);
                0
                d. Revising paragraph (b)(2)(i);
                0
                e. In paragraph (b)(2)(iii), removing the words ``for claims submitted
                through eCRB'';
                0
                f. Removing paragraph (b)(2)(v); and
                0
                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]
                0
                4. Remove Sec. 360.5.
                Subpart B--Digital Audio Recording Devices and Media (DART) Royalty
                Claims
                0
                5. Amend Sec. 360.22 by:
                0
                a. Revising paragraph (a);
                0
                b. In paragraph (b)(2), removing the words ``for claims submitted
                through eCRB'';
                0
                c. Removing paragraph (c);
                0
                d. Redesignating paragraphs (d), (e), and (f) as paragraphs (c), (d),
                and (e) respectively; and
                0
                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.
                [[Page 37753]]
                 (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]
                0
                6. Remove Sec. 360.23.
                Sec. 360.24 [Redesignated as Sec. 360.23 and Amended]
                0
                7. Redesignate Sec. 360.24 as Sec. 360.23 and, in newly redesignated
                Sec. 360.23(b), add the words ``online through eCRB'' after the word
                ``notice''.
                Subpart C--Rules of General Application
                0
                8. Amend Sec. 360.30 by adding a sentence 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.
                0
                9. Amend Sec. 360.31 by adding a sentence 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: June 16, 2020.
                Jesse M. Feder,
                Chief United States Copyright Royalty Judge.
                 Approved by:
                Carla Hayden,
                Librarian of Congress.
                [FR Doc. 2020-13554 Filed 6-23-20; 8:45 am]
                BILLING CODE 1410-72-P
                

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