[Federal Register: November 20, 2001 (Volume 66, Number 224)]
[Notices]
[Page 58180-58181]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2001-2 CARP DTNSRA and Docket No. 2001-1 CARP DSTRA 2]
Digital Performance Right in Sound Recordings Rate Adjustment
Proceedings
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of inquiry and request for notices of intention to
participate.
-----------------------------------------------------------------------
SUMMARY: The Copyright Office of the Library of Congress is requesting
comments as to whether the rate adjustment proceeding to determine
reasonable rates and terms for the public
[[Page 58181]]
performance of sound recordings by new subscription services should be
consolidated with the rate adjustment proceeding to determine
reasonable rates and terms for the public performance of sound
recordings by pre-existing satellite digital audio radio services and
pre-existing subscription services. The Office is also calling for
submission of Notices of Intent to Participate from parties interested
in participating in either or both proceedings.
DATES: Comments and Notices of Intent to Participate are due no later
than December 20, 2001. Reply comments are due no later than January
22, 2002.
ADDRESSES: An original and five copies of comments, reply comments and
Notices of Intent to Participate, if sent by mail, should be addressed
to: Copyright Arbitration Royalty Panel (CARP), P.O. Box 70977,
Southwest Station, Washington, DC 20024. If hand delivered, they should
be brought to: Office of the Copyright General Counsel, James Madison
Memorial Building, Room LM-403, First and Independence Avenues, SE.,
Washington, DC 20559-6000.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Tanya M. Sandros, Senior Attorney, Copyright Arbitration Royalty Panel,
PO Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202)
707-8380. Telefax (202) 252-3423.
SUPPLEMENTARY INFORMATION:
Background
In 1995, Congress passed the Digital Performance Right in Sound
Recordings Act, Public Law 104-39, which gave copyright owners of sound
recordings an exclusive right to perform publicly their copyrighted
works by means of a digital audio transmission, subject to certain
limitations and exemptions. 17 U.S.C. 106(6). Among the limitations
placed on the performance of a sound recording was the creation of a
statutory license for performances made by nonexempt, non-interactive
digital subscription services. 17 U.S.C. 114. Initial rates and terms
for transmissions made by these services were determined by the
Librarian of Congress after a proceeding before a Copyright Arbitration
Royalty Panel (``CARP'') under chapter 8 of the Copyright Act. 63 FR
25394 (May 8, 1998).
Section 114 was amended with the passage of the Digital Millennium
Copyright Act of 1998 (``DMCA''), Public Law 105-304, to create
statutory licenses to cover additional digital audio transmissions.
These include ``eligible nonsubscription transmissions'' and those
transmissions made by ``new subscription services'' and ``pre-existing
satellite digital audio radio services.''
On January 9, 2001, the Copyright Office published a Federal
Register notice initiating a voluntary six-month negotiation period to
establish terms and rates for the statutory licenses covering ``pre-
existing satellite digital audio radio services,'' and ``pre-existing
subscription services'' (the three subscription services in existence
prior to the passage of the DMCA). 66 FR 1700 (January 9, 2001). No
agreements were reached. After the close of the negotiation period, the
Office received petitions from the Recording Industry Association of
America (``RIAA''), and jointly XM Satellite Radio, Inc. and Sirius
Satellite Radio, Inc., requesting that the Librarian of Congress
convene a CARP to establish terms and rates for the statutory license
for pre-existing satellite digital audio radio services. Convocation of
these proceedings is pending.
On February 12, 2001, the Copyright Office published a Federal
Register notice initiating a voluntary six-month negotiation period to
establish rates and terms for the statutory license covering new
subscription services. 66 FR 9881 (February 12, 2001). No agreements
were reached. After the close of the negotiation period, the Office
received petitions from Music Choice and RIAA requesting that the
Librarian of Congress convene a CARP to establish terms and rates for
the statutory license covering new subscription services.
Request for Comments
In its petition to convene a CARP for new subscription services,
Music Choice requests the Copyright Office to consolidate the
proceeding for new subscription services (Docket No. 2001-2 CARP
DTNSRA) with the proceeding for pre-existing satellite digital audio
radio services and pre-existing subscription services (Docket No. 2001-
1 CARP DSTRA2). Music Choice submits that ``[g]ood cause exists to
consolidate the two proceedings in the interest of fairness and
efficiency.'' Music Choice petition at 1.
The Library seeks comment as to the advisability of consolidating
Docket No. 2001-2 CARP DTNSRA with Docket No. 2001-1 CARP DSTRA2. Can
both dockets be handled efficiently and effectively by a single CARP?
What are the advantages, if any, of convening separate CARPs for these
two dockets?
Request for Notices of Intent To Participate
Section 251.45(a) of the rules, 37 CFR, requires that a Notice of
Intention to Participate be filed in order to participate in a CARP
proceeding, but it does not prescribe the contents of the Notice.
Recently, in another proceeding, the Library has been forced to address
the issue of what constitutes a sufficient Notice and to whom it is
applicable. See 65 FR 54077 (September 6, 2000); see also Orders in
Docket No. 2000-2 CARP CD 93-97 (June 22, 2000, and August 1, 2000).
These rulings will result in a future amendment to Sec. 251.45(a) to
specify the content of a properly filed Notice. In the meantime, the
Office advises those parties filing Notices of Intention to Participate
in this proceeding to comply with the following instructions.
Each party wishing to participate in Docket No. 2001-2 CARP DTNSRA,
Docket No. 2001-1 CARP DSTRA, or both must file a Notice of Intention
to Participate that contains the following: (1) The party's full name,
address, telephone number, and facsimile number (if any); (2)
identification of whether the Notice covers Docket No. 2001-2 DTNSRA,
Docket No. 2001-1 CARP DSTRA, or both; and (3) a statement of the
party's intention to fully participate in a CARP proceeding.
Claimants may, in lieu of individual Notices of Intention to
Participate, submit joint Notices. In lieu of the requirement that the
Notice contain the party's name, address, telephone number and
facsimile number, a joint Notice shall provide the full name, address,
telephone number, and facsimile number (if any) of the person filing
the Notice and it shall contain a list identifying all parties to the
joint Notice. In addition, if the joint Notice is filed by counsel or a
representative of one or more of the parties identified in the joint
Notice, the joint Notice shall contain a statement from such counsel or
representative certifying that, as of the date of submission of the
joint Notice, such counsel or representative has the authority and
consent of the parties to represent them in the CARP proceeding.
Notices of Intention to Participate are due no later than December
20, 2001. Failure to file a timely Notice of Intention to Participate
may preclude a party from participating in a CARP proceeding.
Dated: November 13, 2001.
David O. Carson,
General Counsel.
[FR Doc. 01-28995 Filed 11-19-01; 8:45 am]
BILLING CODE 1410-33-P