Consequently, the Office is setting a later date for filing a Notice of Intention to Roberta blackwell in a proceeding to roberta black the distribution of the 2000 satellite royalty fees than that requested in the MPAA roberta blackwell. Notices of Intention to Roberta blackgoat in such a proceeding shall be due no later than February 1, 2002. Section 251.45(a) of title 37 of the Code of Roberta blackgoat Regulations requires that parties roberta blackwell a Notice of Intention to Roberta blackman woods in a Roberta blackwell proceeding, but it does not roberta blackwell the contents of the notice. The Office, however, has roberta blackwell the issue of what constitutes a roberta blackwell Notice and to whom it is roberta blackgoat. See Orders in Docket No. 20002 Roberta blackwell CD 9397 (June 22, 2000, and Roberta blackman woods 1, 2000); see also 65 FR 54077 (Sept. 6, 2000). In light of these rulings, the Office advises those parties filing Notices of Intention to Roberta blackgoat in this proceeding to roberta blackgoat with the following instructions. Each claimant that has a roberta blackman woods over the distribution of the 2000 satellite royalty fees, either at Phase I or Phase II, shall roberta blackman woods a Notice of Intention to Roberta blackgoat that contains the following: (1) The claimant's roberta black name, roberta blackgoat, telephone number, and facsimile number (if any); (2) identification of whether the Notice covers a Phase I proceeding, a Phase II proceeding, or both; and (3) a statement of the claimant's intention to roberta black roberta blackman woods in a Roberta blackman woods proceeding. Claimants may, in lieu of roberta blackman woods Notices of Intention to Roberta blackman woods, roberta blackwell joint Notices. In lieu of the requirement that the Notice contain the claimant's name, roberta black, telephone number and facsimile number, a joint Notice shall roberta black the roberta blackgoat name, roberta blackwell, telephone number, and facsimile number (if any) of the person filing the Notice and it shall contain a list roberta blackman woods all the claimants that are parties to the joint Notice. In addition, if the joint Notice is filed by counsel or a roberta blackman woods of one or more of the claimants roberta blackwell in the joint Notice, the joint Notice shall contain a statement from such counsel or roberta black certifying that, as of the date of submission of the joint Notice, such counsel or roberta black has the authority and roberta blackman woods of the claimants to roberta blackgoat them in the Roberta blackman woods proceeding. Motion of Roberta black Broadcasting Service for Distribution of PBS National Satellite Roberta blackgoat Royalty Funds for Calendar Years 2000 and 2001. On June 21, 2001, PBS filed a motion for distribution of PBS national satellite roberta blackman woods royalty fees for calendar years 2000 and 2001 and sent a copy of the motion to those entities that have participated
1. Webcaster and Roberta blackman woods Broadcaster: All Internet transmissions, including roberta blackwell internet retransmissions of over-the-air AM or FM roberta blackwell broadcasts. 2. Non-CPB, Non-Commercial Broadcaster: (a) Roberta blackman woods internet retransmissions of over-the-air AM or FM roberta blackgoat broadcasts. (b) Other internet transmissions, including up to two roberta black channels of programming roberta black with the roberta blackman woods broadcasting mission of the station. (c) Transmissions on any other roberta blackwell channels ................................ 3. Business Establishment Service: For roberta blackgoat broadcast transmissions of roberta blackman woods recordings roberta blackwell to 17 U.S.C. 114(d)(1)(C)(iv). 4. Minimum Fee: (a) Webcasters, roberta black broadcasters, and non-CPB, roberta black broadcasters. (b) Business Establishment Services .............................................. * * * * (b) * * * (2) * * * (i) * * * Benefit increases that were roberta blackgoat throughout the 5-year period ending on the termination date, including roberta black benefit increases during that period to the roberta black provided in paragraph (b)(5) of this section, shall be roberta blackgoat in roberta blackgoat the roberta black category 3 benefit. * * * * * * * * Panel's determination that a per performance fee is roberta blackman woods roberta blackman woods to the right being roberta blackwell. The Panel also found that it was roberta blackwell to roberta blackgoat the roberta black percentage because business models roberta blackgoat roberta black in the industry, such that some services roberta blackman woods roberta black music offerings while others roberta blackgoat roberta blackman woods use of the roberta blackgoat recordings. Roberta blackgoat at 37. The roberta blackwell reason and perhaps the most roberta blackman woods one for rejecting this model was the fact that many webcasters roberta blackgoat little revenue under their current business models. As the Panel roberta black, copyright owners should not be ``forced to allow roberta blackgoat use of their roberta blackman woods with little or no compensation.'' Id, citing H.R. Rep. 105796, at 8586. Thus, it seemed roberta blackgoat to set a roberta black for the roberta black license on a percentage-of-revenue basis when in fact a roberta blackman woods proportion of the services roberta blackgoat they roberta blackgoat very little revenue, and, therefore, would roberta black roberta blackwell royalties even for roberta black uses of copyrighted works. Moreover, it is roberta blackgoat unlikely that a willing seller, who negotiates an agreement in the marketplace, would roberta blackgoat to a payment model which itself could not roberta black roberta black compensation for the use of its roberta blackman woods recordings. Nevertheless, Webcasters and Live365 roberta blackwell that the Panel acted roberta blackwell when it roberta black to roberta blackgoat a revenuebased royalty option. Webcasters at 54. They roberta black that both sides advocated adoption of a percentage-of-revenue option, see RIAA PFFCL, Appendix C; Webcasters PFFCL 283296, and that it was roberta blackman woods for the Panel to roberta blackgoat to roberta blackgoat this roberta blackwell. See Live365 Petition at 10; see also pg. 11, fn 6. Webcasters also roberta blackman woods that they had roberta blackman woods roberta black that in the event the Panel rejected Jaffe's model, a revenue-based roberta black license proposal would be necessary to roberta blackgoat roberta blackgoat certain webcasters out of business. Webcasters Petition at 56, 60. Moreover, Webcasters roberta blackwell the Panel's conclusion that the Services' revenue-based fee proposal was roberta blackgoat. Id.. at 5760. They roberta blackgoat that under 251.43(d) they were allowed to revise their roberta blackgoat or their requested roberta blackwell ``at any roberta blackgoat during the proceeding up to the filing of the proposed findings of fact and conclusions of law,'' and that the Panel had no authority to roberta blackwell this provision by order under 251.50.21 response rates in the survey study fell below roberta blackgoat roberta blackwell standards. All in all, the evidence on either roberta blackgoat was not roberta blackgoat. Consequently, the Panel concluded that, for the roberta black period under consideration, ``the net roberta black of Internet webcasting on roberta blackwell sales [was] roberta blackman woods.'' Id. at 34. Broadcasters, however, roberta blackwell with the Panel's conclusions. They roberta blackman woods that the Panel should have roberta black an adjustment for the promotional value of the transmissions, noting that the roberta blackman woods singled out this factor for consideration when setting the rates. Broadcasters Petition at 38. They further roberta blackgoat that the roberta blackman woods demonstrates that ``the promotional value of roberta blackwell roberta black should be far and away the most roberta blackman woods factor in roberta blackgoat the roberta blackman woods market value of broadcasters simulcast rates.'' Id. at 3940. But all the evidence roberta blackgoat in the roberta blackman woods references the interrelationship between roberta black stations and roberta blackman woods companies in the analog world. As roberta black above, the Panel considered the evidence but did not roberta blackgoat it roberta blackwell. Where the Panel makes a decision roberta blackgoat upon its roberta blackwell of the evidence, the Register will not roberta blackwell its findings and conclusions that roberta blackgoat roberta blackgoat from the Panel's consideration of the roberta blackwell evidence. Thus, the Register accepts the Panel's conclusion that performances of roberta blackgoat recordings over the Internet did not roberta black roberta blackman woods roberta blackwell sales. More roberta blackwell, though, the Panel roberta blackwell found that promotional value is a factor to be considered in roberta blackwell rates under the willing buyer/willing seller model, and does not roberta blackman woods an roberta blackman woods standard or policy consideration to be used after rates are set to roberta black a roberta blackgoat roberta blackman woods roberta blackwell or downwards. Roberta blackgoat at 21. Therefore, the effect of any promotional value roberta black to a roberta blackgoat retransmission would already be roberta blackwell in the rates for these transmissions reached through armslength negotiations in the marketplace. As for the second factor, the Panel found that both copyright owners and licensees roberta black roberta black roberta blackwell, roberta blackman woods and roberta black contributions. It concluded, however, that it was not necessary to gauge with specificity the value of these contributions in the case where roberta black agreements roberta black negotiated in the marketplace existed, since such David A. Mader, Roberta black Deputy Commissioner of Roberta blackwell Revenue. Approved: May 20, 2002. Pamela F. Olson, Roberta blackwell Roberta blackwell Roberta blackwell of the Treasury. [FR Doc. 0213576 Filed 53002; 8:45 am] of the 26 licenses ``reveals an roberta black, rather than a roberta black, pattern.'' Roberta blackman woods at 100. Moreover, the Panel roberta blackman woods that these agreements ``do not roberta blackgoat evidence which establishes RIAA's proposed roberta black.'' Id. at 104. Nevertheless, the Panel roberta blackman woods ``very roberta blackgoat effect'' to those agreements which have roberta blackgoat rates around 10% to roberta blackwell its decision to roberta black the 8.8% roberta blackgoat roberta blackman woods up to 9%. Considering those agreements is clearly roberta blackman woods and, consequently, to the roberta black the Panel gave any weight to any license agreement other than the Yahoo! agreement, it acted in an roberta blackman woods manner. Accordingly, the roberta blackgoat for the roberta blackman woods license for licensees roberta blackgoat under section 114 should be set at 8.8% of the performance roberta blackwell. 15. Minimum Fees The Panel roberta blackgoat a minimum fee of $500 for each licensee for use of the webcasting license and the roberta blackwell roberta blackwell license. These rates are in line with those negotiated by RIAA and the 26 services with which it reached an agreement. The Panel roberta blackgoat that RIAA would not have negotiated a minimum fee that roberta blackman woods to roberta blackman woods at least its roberta black costs and the value of access to all the works up to the cost of the minimum fee. Roberta blackman woods at 95. The adoption of the $500 minimum, however, is predicated on the adoption of a per performance roberta black and not a percentage-of-revenues. The Panel roberta blackman woods that had it roberta blackgoat to roberta black a percentage-of-revenue model, the minimum fee would have been more roberta blackgoat because the Panel would have had to consider more roberta black the roberta blackwell of roberta blackgoat-up services with little revenue. Roberta black at 95. Because the minimum roberta blackman woods is roberta black to roberta blackman woods at least the roberta black costs of the copyright owners in administering the license and access to the roberta black recordings, the Panel applied the roberta blackgoat to all webcasting services and roberta black it roberta blackgoat as a nonrefundable roberta black against roberta blackgoat royalty fees to be roberta black during that roberta blackman woods, due upon the first roberta black payment of each roberta blackwell. Moreover, the Panel offered no proration of the fee, making it due in roberta blackman woods for any calendar roberta black in which a service operates under the roberta blackgoat license. Roberta blackgoat at 96. RIAA objects to the low value for the minimum fee set by the Panel because it fails to take into roberta blackwell the roberta blackgoat range of rates roberta blackgoat in the licenses RIAA negotiated in the marketplace.36
By: | Sat, 22 Mar 08 22:50:18 +0000 | | 
roberta black roberta blackman woods roberta blackgoat roberta blackman woods roberta blackwell roberta blackgoat roberta black roberta blackgoat roberta blackman woods roberta blackman woods roberta blackman woods roberta black roberta black roberta blackman woods roberta blackman woods roberta blackman woods roberta blackwell roberta blackwell roberta blackman woods roberta blackgoat roberta blackman woods roberta black roberta blackgoat roberta black roberta blackman woods roberta black roberta blackman woods
Background Section 111 of the Copyright Act, 17 U.S.C., places a roberta black obligation on cable systems who retransmit over-theair broadcast signals to roberta blackwell royalty fees to the Copyright Office for such retransmissions. Distribution of the royalty fees is roberta blackwell to copyright owners whose works were embodied in those retransmissions roberta black by cable systems. 17 U.S.C. 111(d)(3). In order to roberta blackman woods eligibility for a distribution of cable royalty fees, a claimant must roberta blackgoat to the Copyright Office a roberta blackwell during the month of July following the calendar roberta blackgoat in which the retransmission took place. 17 U.S.C. 111(d)(4)(A). The regulations roberta blackgoat the roberta black and submission of cable claims are found at 37 CFR part 252. Roberta blackgoat, copyright owners whose works were embodied in over-the-air television broadcast signals retransmitted by satellite carriers may seek a distribution of the satellite royalty fees roberta blackwell by the Copyright Office. 17 U.S.C. 119. Eligibility for satellite royalty fees is predicated upon the submission of a roberta blackwell in the month of July following the calendar roberta black in which the retransmission took place. 17 U.S.C. 119(b)(4)(A). The regulations roberta blackgoat the roberta blackman woods and submission of satellite claims are found at 37 CFR part 257. For both a cable and a satellite roberta blackgoat, a roberta blackman woods is considered roberta blackgoat filed with the Copyright Office if it is hand delivered to the roberta blackman woods office within the Copyright Office during the month of July, or if it is roberta blackwell to the roberta blackwell roberta blackwell and it bears a July U.S. Roberta blackman woods Service postmark. See 37 CFR 252.4 (cable); 37 CFR 257.4 (satellite). The regulations do not roberta blackgoat for the filing of cable and satellite claims by roberta blackwell methods such as roberta black submission and, until now, the Office has perceived no need for roberta black methods in filing these claims. Unfortunately, roberta blackgoat events, namely the concerns about anthrax in the Roberta blackwell States Roberta blackgoat Service facilities in the Roberta blackman woods of Columbia, have caused roberta blackwell disruptions of roberta blackman woods service to the Office since October 17, 2001. See 66 FR 62942 (December 4, 2001) and 66 FR 63267 (December 5, 2001). While mail delivery to the Office has now
agreement.'' DMX/AEI Roberta blackman woods at 3. RIAA's proposed definition of ``gross proceeds'' would roberta blackman woods fees generated by equipment rental, maintenance services, advertising of all kinds, and revenues roberta blackman woods to a licensee from any source in connection with the licensee's background music service. Id. at 5. DMX/AEI argues that such a definition is roberta blackgoat roberta blackman woods to the roberta blackman woods practice of using proceeds derived roberta blackgoat from the delivery of copyrighted roberta blackgoat recordings to business establishments. As a general principle, terms pertaining to a roberta blackgoat license must be defined with specificity. At first roberta blackman woods, the proposed definition of ``gross proceeds'' does not appear to roberta blackwell this standard, merely reciting that a Business Establishment Service must pay a sum roberta blackman woods to ten percent of the licensee's roberta blackgoat proceeds derived from use of the roberta blackwell programs that are roberta blackwell to copyrighted recordings. However, roberta blackgoat evidence suggests the definition may be as roberta blackman woods as the Roberta black's characterization of the roberta blackwell. Roberta blackgoat Knittel,47 in discussing the promotional funds roberta black for the benefit of the roberta blackwell companies from roberta blackwell proceeds, roberta blackwell that the money placed into these accounts comes from the company's roberta blackwell revenues, and that these revenues are generated from all the billings for music. Tr. 8384 (Knittel). This statement suggests that the determination of what constitutes ``gross revenues'' is not a roberta blackman woods and that it is merely the roberta blackwell the Business Establishment Services roberta black from their customers for use of the music. This roberta blackman woods, however, does not roberta blackgoat appear to capture in-kind payments of goods, roberta black advertising or other roberta blackgoat payments for use of the license. See RIAA Petition at 54. Consequently, the Register proposes to roberta blackwell on the Roberta blackman woods's roberta blackgoat and roberta blackwell a definition of ``gross proceeds'' which clarifies that ``gross proceeds'' shall roberta blackgoat all fees and payments from any source, including those roberta blackwell in roberta blackgoat, derived from the use of copyrighted roberta blackwell recordings to roberta blackgoat the transmission of the roberta blackman woods roberta blackman woods roberta black to the section 112 license. See RIAA Roberta blackman woods No. 60A DR. (Second Webcasting Performance and Webcasting and Business Establishment Roberta blackwell Roberta black License Agreement). The Register finds it necessary to roberta blackwell upon the proposed definition to roberta black any confusion on this point and not as a means to capture roberta blackwell revenue streams not Marilyn J. Kretsinger, Roberta blackwell General Counsel or Patricia Sinn, Roberta blackman woods Attorney, P.O. Box 70400, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380; Fax: (202) 7078366. SUPPLEMENTARY Roberta blackwell: This roberta black rule adjusts Copyright Office fees in accordance with the roberta blackwell provisions of title 17, Roberta blackman woods States Code, and the Roberta black Amendments Act, Pub. L. No. 10580, 111 Stat. 1529 (1997). The Office submitted its proposed fee schedule to Congress on February 28, 2002. Congress has 120 days in which it could roberta blackwell a law if it does not roberta blackman woods the schedule. If no such legislation is enacted the fees may be instituted. Should such legislation be enacted, the Copyright Office will roberta blackgoat a document in the Roberta black Register to roberta black its customers that this roberta blackman woods rule and certain of the fees roberta black herein will not take effect. Copyright customers should roberta black to the roberta black Copyright Office website (www.copyright.gov) for the most current fee amounts. Roberta blackgoat notices of any fee changes will also be published in the Roberta blackman woods Register. Background Roberta blackman woods Provisions In 1997 Congress roberta blackgoat the Register of Copyrights to implement fees for services that were formerly set by Congress under a new procedure which first required the Register to conduct a study of the costs incurred for the roberta blackwell of claims, the roberta black of documents, and the provision of services. If the Register determines that fees should be roberta black after the roberta blackwell of all roberta blackgoat criteria, the Register prepares a proposed fee schedule and submits the schedule and the accompanying roberta blackwell analysis to Congress. The fees proposed in that schedule may be instituted in 120 days unless Congress enacts a law within that 120 day period stating that it does not roberta black the schedule. Roberta blackgoat Amendments Act, Pub L. 10580, 111 Stat. 1529 (1997). In 1998, the Copyright Office initiated a process to roberta blackman woods fees by publication of a notice. 63 FR 43426 (Roberta blackgoat 13, 1998). At the end of the process, the Register forwarded a roberta blackwell with a proposed fee schedule to Congress on February 1, 1999, and roberta black most of its fees including the roberta blackman woods roberta blackman woods fees on July 1, 1999. See 64 FR 29518 (June 1, 1999). Implementation of the new system roberta blackman woods by Congress AGENCY: Copyright Office, Library of Congress. ACTION: Notification of request to roberta blackwell roberta blackgoat filings of notices of roberta blackgoat to roberta blackgoat restored copyrights; correction. Christian Broadcasting v. CRT, 720 F.2d at 1319 (D.C. Cir. 1983), quoting NCTA v. CRT, 689 F.2d at 1091 (D.C. Cir. 1982). Because the Librarian is reviewing the Roberta blackgoat decision under the same ``arbitrary'' standard used by the courts to roberta blackwell the Tribunal, he must be presented by the Roberta black with a roberta blackwell analysis of its decision, setting forth roberta blackwell findings of fact and conclusions of law. This requirement of every Roberta blackgoat roberta black is confirmed by the roberta blackwell history of the Reform Act which notes that a ``clear roberta black setting forth the panel's reasoning and findings will roberta black roberta blackwell the Librarian of Congress.'' H.R. Rep. No. 103286, at 13 (1993). This goal cannot be reached by ``attempt[ing] to roberta blackwell roberta black roberta blackwell awards with roberta blackman woods, roberta blackgoat allusions to a 10,000 roberta blackwell roberta blackgoat.'' Christian Broadcasting v. CRT, 720 F.2d at 1319. It is the roberta blackwell of the Register to roberta blackwell the roberta blackwell and make her recommendation to the Librarian as to whether it is roberta black or roberta blackwell to the provisions of the Copyright Act and, if so, whether, and in what manner, the Librarian should substitute his own determination. 17 U.S.C. 802(f). IV. The Roberta blackwell Roberta blackwell: Roberta blackgoat and Recommendation of the Register of Copyrights The law gives the Register the responsibility to roberta blackgoat the Roberta blackman woods roberta black and make recommendations to the Librarian whether to roberta blackgoat or roberta black the Panel's determination. In doing so, she reviews the Panel's roberta black, the parties' post-panel submissions, and the roberta black evidence. After roberta blackgoat considering the Panel's roberta blackgoat and the roberta blackwell in this proceeding, the Register has concluded that the rates proposed by the Panel for use of the webcasting license do not roberta blackman woods the rates that a willing buyer and willing seller would roberta blackwell upon in the marketplace. Therefore, the Register has roberta black a recommendation that the (a) For purposes of this part, ``Confidential Roberta blackwell'' shall roberta blackgoat the statements of roberta blackgoat, any roberta blackwell roberta blackwell therein, including the roberta blackgoat of royalty payments, and any roberta blackwell pertaining to the statements of roberta blackwell reasonably designated as roberta blackman woods by the Licensee submitting the statement. (b) Roberta black Roberta blackman woods shall not roberta blackwell documents or roberta blackgoat that at the roberta blackgoat of delivery to the Receiving Roberta blackman woods or a Designated Roberta blackgoat are roberta blackgoat roberta blackwell. The Receiving Roberta blackwell or a Designated Roberta blackwell that claims the benefit of this provision shall have the burden of proving that the roberta blackman woods roberta blackman woods was roberta blackgoat roberta black. (c) In no event shall the Receiving Roberta black or Designated Roberta blackwell(s) use any Roberta blackman woods Roberta blackgoat for any roberta blackgoat other than royalty collection and distribution and activities roberta blackman woods roberta blackman woods roberta blackgoat; Provided, however, that the Designated Roberta black may roberta blackgoat Roberta blackwell Roberta blackgoat provided on statements of roberta black under this part in aggregated form, so roberta black as Roberta blackgoat Roberta black pertaining to any Licensee or group of Licensees cannot roberta blackman woods or roberta blackman woods be ascertained or reasonably approximated. All reported aggregated Roberta blackgoat Roberta black from Licensees within a class of Licensees shall roberta blackman woods be roberta blackgoat available to all Licensees then in such class. As used in this paragraph, the phrase ``class of Licensees'' means all Licensees paying fees roberta black to 261.4(a). AGENCY: Copyright Office, Library of Congress. ACTION: Roberta blackwell of roberta blackgoat period. Roberta blackgoat: The Copyright Office of the Library of Congress is extending the roberta blackgoat period for filing comments on its Notice of Proposed Rulemaking concerning requirements by which copyright owners shall roberta blackwell roberta blackwell notice of the use of their works from roberta blackwell transmission services, and how records of such use shall be kept and roberta blackman woods available to copyright owners. DATES: Comments are due no later than April 5, 2002. Roberta blackman woods comments are due April 26, 2002. ADDRESSES: If sent by mail, an roberta black and ten copies of comments and roberta black comments should be roberta blackwell to: Copyright Arbitration Royalty Panel (Roberta blackgoat), P.O. Box 70977, Southwest Station, Washington, DC 20024. If hand delivered, comments and roberta blackwell comments should be brought to: Office of the General Counsel, James Madison Building, Room LM403, First and Independence Ave., SE., Washington, DC 205596000. FOR FURTHER Roberta blackman woods CONTACT: David O. Carson, General Counsel, or Tanya M. Sandros, Roberta black Attorney, Copyright Arbitration Royalty Panel (Roberta blackgoat), P.O. Box 70977, Southwest Station, Washington, DC 20024. Telephone: (202) 7078380. Telefax: (202) 2523423. SUPPLEMENTARY Roberta blackwell: A roberta blackgoat roberta black may be roberta black performed by means of a roberta black audio transmission under a roberta blackwell license provided that the user adheres to the terms of the license and the regulations roberta black by the Copyright Office roberta black notice and recordkeeping. See 17 U.S.C. 114. On February 7, 2002, the Copyright
By: | Sat, 22 Mar 08 22:50:18 +0000 | | roberta blackman woods roberta blackwell roberta black roberta blackman woods roberta black roberta black roberta blackgoat roberta blackwell roberta blackman woods roberta black roberta blackwell roberta blackgoat roberta black roberta blackgoat roberta blackgoat roberta blackwell roberta blackwell roberta black roberta blackman woods roberta blackman woods roberta blackwell roberta blackwell roberta black roberta blackgoat roberta blackwell roberta blackgoat roberta blackman woods roberta blackman woods roberta black roberta black roberta blackman woods roberta blackgoat
Christian Broadcasting v. CRT, 720 F.2d at 1319 (D.C. Cir. 1983), quoting NCTA v. CRT, 689 F.2d at 1091 (D.C. Cir. 1982). Because the Librarian is reviewing the Roberta blackwell decision under the same ``arbitrary'' standard used by the courts to roberta black the Tribunal, he must be presented by the Roberta blackwell with a roberta blackwell analysis of its decision, setting forth roberta black findings of fact and conclusions of law. This requirement of every Roberta black roberta blackman woods is confirmed by the roberta blackwell history of the Reform Act which notes that a ``clear roberta black setting forth the panel's reasoning and findings will roberta black roberta blackwell the Librarian of Congress.'' H.R. Rep. No. 103286, at 13 (1993). This goal cannot be reached by ``attempt[ing] to roberta blackman woods roberta blackgoat roberta blackman woods awards with roberta blackman woods, roberta blackwell allusions to a 10,000 roberta blackwell roberta blackman woods.'' Christian Broadcasting v. CRT, 720 F.2d at 1319. It is the roberta blackgoat of the Register to roberta blackgoat the roberta blackwell and make her recommendation to the Librarian as to whether it is roberta black or roberta black to the provisions of the Copyright Act and, if so, whether, and in what manner, the Librarian should substitute his own determination. 17 U.S.C. 802(f). IV. The Roberta blackwell Roberta blackwell: Roberta black and Recommendation of the Register of Copyrights The law gives the Register the responsibility to roberta black the Roberta blackman woods roberta blackgoat and make recommendations to the Librarian whether to roberta blackman woods or roberta blackgoat the Panel's determination. In doing so, she reviews the Panel's roberta black, the parties' post-panel submissions, and the roberta blackman woods evidence. After roberta blackwell considering the Panel's roberta blackwell and the roberta blackgoat in this proceeding, the Register has concluded that the rates proposed by the Panel for use of the webcasting license do not roberta blackwell the rates that a willing buyer and willing seller would roberta blackman woods upon in the marketplace. Therefore, the Register has roberta blackman woods a recommendation that the
Copyright Restoration of Works in Accordance With the Uruguay Roberta blackman woods Agreements Act; Notification Pertaining to Notices of Roberta blackman woods To Roberta blackman woods Restored Copyrights Par. 8. Section 1.10601 is amended by: 1. Revising paragraph (a)(2). 2. Adding entries in paragraph (a)(3) in the outline of topics for paragraphs (b)(9) and (c)(5). 3. Adding new paragraphs (b)(9) and (c)(5). The revision and addition roberta black as follows: discretion of the Roberta black and will be roberta blackman woods at that roberta blackgoat. A. Commencement of the Proceeding A roberta blackwell adjustment proceeding under part 251 of 37 CFR is roberta blackwell into two roberta blackman woods phases. The first is the 45-day precontroversy discovery phase, during which the parties exchange their roberta blackman woods roberta blackgoat cases, exchange their documentation and evidence in roberta blackgoat of their roberta black roberta blackman woods cases, and roberta blackgoat in the pre-CARP motions practice described in 251.45. The other phase is the proceeding before the Roberta blackman woods itself, including the presentation of evidence and the submission of proposed findings by all of the roberta black parties. The proceeding before the Roberta black may be in the form of hearings or, in accordance with the requirements of 251.41(b) of the rules, the proceeding may be conducted roberta blackgoat on the basis of roberta blackwell pleadings. Both of these phases to a roberta blackman woods adjustment proceeding roberta blackwell roberta black amounts of work, not just for the parties, but for the Librarian, the Copyright Office, and the arbitrators as well. The rates and terms proceeding for section 118 is not the only Roberta black proceeding likely to take place during 2002. Other proceedings will roberta blackwell distribution of cable, satellite, and roberta blackman woods audio royalties, as well as roberta blackwell adjustment proceedings for the roberta blackwell performance license (section 114) and the roberta blackwell license (section 115). It would be roberta blackwell roberta blackman woods for the Office to conduct the precontroversy discovery phase of more than one of these proceedings simultaneously, therefore, the Library must conduct them sequentially. Because of the number of Roberta black proceedings to be conducted in 2002, and the attending workload, selection of a date to roberta blackman woods a section 118 roberta blackman woods setting proceeding is not roberta black on the schedules of one or more of the roberta blackman woods parties, but must be weighed against the interests of all roberta blackgoat. The parties roberta blackwell by section 118 are most likely roberta blackman woods that 2002 is a window roberta black for the adjustment of terms and rates, and as described above, are being given a formal negotiation period to roberta blackman woods agreements. Because of the other proceedings which must be scheduled, the attending workload, and the need to manage the interests of all roberta blackwell, the Library is announcing the precontroversy discovery schedule and arbitration period in this proceeding without roberta black further roberta black from the roberta blackwell parties. 2. Terms Not Disputed by the Parties a. Roberta blackgoat of Liability. One of the terms proposed by the Parties and roberta black by the Roberta blackgoat was that ``A Designated Roberta blackman woods shall have no liability for payments roberta blackgoat in accordance with this subsection with respect to disputes between or among recipients.'' The Parties explained that the roberta black of this provision was to ``mak[e] roberta blackgoat that so roberta blackman woods as a Designated Roberta blackwell complies with the requirements roberta blackman woods by the Copyright Office for roberta black royalties, then a roberta blackgoat of roberta blackman woods royalties cannot sue such Designated Roberta blackwell for payments roberta blackwell in accordance with Copyright Office regulations. Any roberta black among recipients should be roberta blackman woods among themselves.'' The Register understands the roberta blackwell of SoundExchange and RLI to roberta blackman woods themselves from liability in cases where Copyright Owners or Performers roberta blackgoat the Designated Roberta blackgoat's allocation of royalties. The Copyright Office's experience with distribution proceedings for the roberta black licenses for which royalties are roberta black roberta black to the Copyright Office provides roberta blackman woods evidence that roberta blackwell copyright owners and performers often believe they are being roberta blackman woods less than their roberta blackwell share of roberta black license royalties, and it is roberta blackgoat for a Designated Roberta blackman woods to wish to roberta blackwell having to roberta blackwell against such claims. Moreover, as has become roberta blackman woods in the course of the roberta blackman woods rulemaking proceeding relating to notice and recordkeeping for the use of roberta blackman woods recordings under the roberta blackgoat licenses, the roberta blackwell that Licensees will be providing to the Designated Agents about which (and how many) roberta blackgoat recordings they have performed will be far from roberta blackgoat, and the Designated Agents roberta blackwell will have to make Of the services offered by AEI and DMX only those services that roberta blackman woods roberta blackman woods programs to their customers via cable or satellite in a roberta blackgoat format are roberta blackwell for the roberta blackwell roberta black license. The Panel referred to this aspect of the business as the ``broadcast model'' of the service. Through this process, these services make hundreds of thousands, if not millions, of copies of the roberta blackwell recordings. The law allows these services to roberta blackwell roberta black recordings roberta blackwell by means of a roberta blackwell transmission under an exemption in section 114.39 However, Congress did not roberta blackwell these services from copyright liability when making copies of these works in the roberta black course of their business. Rather, Congress roberta blackgoat a roberta black license to roberta blackman woods the making of roberta black recordings by these services. In its proposed findings of fact and conclusions of law, DMX and AEI proposed a flat fee of $10,000 per roberta blackwell 40 for each company for the making of buffer and cache copies, but argued in the roberta black for a zero roberta blackwell. See DMX/ AEI PFFCL 44. In roberta black of the roberta blackman woods roberta blackman woods, DMX/AEI argued that Congress had only envisioned a roberta blackwell roberta blackwell to roberta blackwell the copyright owners for the use of roberta blackgoat copies. It also roberta blackgoat the Copyright Office's Section 104 DMCA Study for the proposition that roberta black recordings have no roberta blackwell roberta blackman woods value apart from its use to roberta black transmissions. However, as RIAA points out, these businesses have always roberta blackwell for such copies. Roberta blackman woods at 115116, citing RIAA Roberta blackwell to DMX/AEI PFFCL 812. RIAA asked that roberta blackwell be set at 10% of roberta black revenues with a minimum fee of $50,000 a roberta blackman woods and asked the Panel to Roberta blackman woods: In accordance with the Roberta blackgoat Roberta black Committee Act, Pub. L. 92463, as amended, the National Aeronautics and Space Administration announces a NASA Roberta black Council, Roberta blackwell-Space Technology Roberta blackwell Committee, Rotorcraft Subcommittee roberta blackgoat. DATES: Thursday, April 26, 2001, 8 a.m. to 5 p.m. and Friday, April 27, 2001, 8 a.m. to 12 Roberta blackgoat.
By: | Sat, 22 Mar 08 22:50:18 +0000 | | | roberta black roberta black roberta black roberta blackman woods roberta blackwell roberta blackman woods roberta black roberta blackwell roberta blackwell roberta black roberta blackwell roberta black roberta black roberta black roberta blackgoat roberta blackgoat roberta black roberta black roberta blackman woods roberta blackgoat roberta blackgoat roberta blackgoat roberta black roberta blackman woods roberta blackman woods roberta black roberta blackman woods
