[Federal Register: April 10, 2000 (Volume 65, Number 69)]

[Notices]               

[Page 19025-19026]

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LIBRARY OF CONGRESS



Copyright Office



[Docket No. 99-3 CARP DD 95-98]



 

Distribution of 1995, 1996, 1997, and 1998 Digital Audio 

Recording Technology Royalties



AGENCY:  Copyright Office, Library of Congress.



ACTION:  Initiation of arbitration.



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SUMMARY:  The Copyright Office of the Library of Congress is announcing 

initiation of the 180-day arbitration period for the distribution of 

the1995-98 digital audio recording technology (``DART'') royalties in 

the Musical Works Funds.



EFFECTIVE DATE:  April 10, 2000.



ADDRESSES:  All hearings and meetings for the 1995-98 DART distribution 

proceeding shall take place in the James Madison Memorial Building, 

Room LM-414, First and Independence Avenue, SE, Washington, DC 20540.



[[Page 19026]]





FOR FURTHER INFORMATION CONTACT:  David O. Carson, General Counsel, or 

Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel 

(``CARP''), P.O. Box 70977, Southwest Station, Washington, DC 20024. 

Telephone: (202) 707-8380. Telefax: (202) 252-3423.



SUPPLEMENTARY INFORMATION:  



Background



    Section 251.72 of 37 CFR provides:



    If the Librarian determines that a controversy exists among 

claimants to either cable, satellite carrier, or digital audio 

recording devices and media royalties, the Librarian shall publish 

in the Federal Register a declaration of controversy along with a 

notice of initiation of an arbitration proceeding. Such notice 

shall, to the extent feasible, describe the nature, general 

structure and schedule of the proceeding.



The notice published today fulfills the requirements of Sec. 251.72 for 

the distribution of DART royalties in the Musical Works Funds for the 

years 1995, 1996, 1997, and 1998.

    On May 4, 1999, the Copyright Office published a notice in the 

Federal Register requesting comment as to the existence of a 

controversy concerning the distribution of the 1995, 1996, 1997, and 

1998 DART royalty fees in the Musical Works Funds and consolidating the 

consideration of the distribution of the 1995-98 Musical Works Funds 

into a single proceeding. 64 FR 23875 (May 4, 1999). The following 

parties filed comments and Notices of Intent to Participate: Carl 

DeMonbrun/Polyphonic Music, Inc. (``DeMonbrun''); Broadcast Music, Inc. 

(``BMI''), the American Society of Composers, Authors and Publishers 

(``ASCAP''), SESAC, Inc. (``SESAC''), the Harry Fox Agency (``HFA''), 

the Songwriters Guild of America (``SGA''), and Copyright Management, 

Inc. (``CMI'') (collectively the ``Settling Parties''); James Cannings/

Can Can Music (``Cannings''); Alicia Carolyn Evelyn (``Evelyn''); and 

Eugene ``Lambchops'' Curry/ TaJai Music, Inc. (``Curry'').

    On September 21, 1999, the Office issued an Order announcing the 

precontroversy discovery schedule for the proceeding, beginning on 

November 15, 1999. See Order in Docket No. 99-3 CARP DD 95-98 

(September 21, 1999). Prior to commencement of the 45-day 

precontroversy discovery period, the Office was notified that Cannings 

and DeMonbrun had settled their respective controversies with the 

Settling Parties. Thus, the parties who will appear before the CARP in 

the current proceeding are the Settling Parties, Evelyn, and Curry.

    On November 15, 1999, the Settling Parties filed a motion 

requesting that the controversy be decided on the basis of written 

pleadings. The Office designated to the CARP the issue of whether to 

suspend formal hearings and decide the case on the written pleadings. 

See Order in Docket No. 99-3 CARP DD 95-98 (December 22, 1999).

    The September 21, 1999, Order also set the initiation of the 

arbitration for February 28, 2000. However, the Office's duty to 

publish every two years a new list of arbitrators eligible to serve on 

a CARP rendered the February 28 initiation date unworkable. See 37 CFR 

251.3. On January 14, 2000, in accordance with Sec. 251.3(b), the 

Office published the list of arbitrators eligible to serve on a CARP 

initiated during 2000 and 2001. 65 FR 2439 (January 14, 2000). Because 

the time period between the publication of the arbitrator list and the 

February 28 initiation date was not sufficient to complete the 

selection of arbitrators for this proceeding, the Office reset the 

initiation of the arbitration to April 10, 2000. See Order in Docket 

No. 99-3 CARP DD 95-98 (March 14, 2000).



Selection of Arbitrators



    Section 802(b) of the Copyright Act instructs the Librarian to 

select two arbitrators within 10 days of initiation of the proceeding. 

The Librarian has already completed this task, and the two arbitrators 

are:



The Honorable John B. Farmakides

The Honorable Harold E. Himmelman



The third arbitrator, who shall serve as Chairperson, will be selected 

in accordance with section 802(b).



Initiation of Proceeding



    Pursuant to Sec. 251.72 of 37 CFR, the Copyright Office of the 

Library of Congress is formally announcing the existence of 

controversies in the distribution of digital audio recording technology 

royalties in the Musical Works Funds for the years 1995, 1996, 1997, 

and 1998, and is initiating an arbitration proceeding under chapter 8 

of title 17 of the United States Code to resolve distribution of these 

funds. The arbitration proceeding commences on April 10, 2000, and runs 

for a period of 180 days. The arbitrators shall file their written 

report with the Librarian of Congress by October 10, 2000, in 

accordance with Sec. 251.53 of 37 CFR.

    Scheduling of the 1995-98 DART royalty distribution proceeding is 

within the discretion of the CARP. The Library will publish the 

schedule of the proceedings, as required by 37 CFR 251.11(b), as soon 

as it is available.



    Dated: April 4, 2000.

David O. Carson,

General Counsel.

[FR Doc. 00-8783 Filed 4-7-00; 8:45 am]

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