[Federal Register: June 14, 2000 (Volume 65, Number 115)]
[Notices]
[Page 37412-37413]
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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: Suspension of proceeding; Resumption of initiation of
arbitration.
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[[Page 37413]]
SUMMARY: The Copyright Office of the Library of Congress is announcing
the suspension of the proceeding to distribute the 1995-98 digital
audio recording technology (``DART'') royalties in the Musical Works
Funds from May 16, 2000, to June 16, 2000. The 180-day arbitration
period for the proceeding will resume on June 16, 2000.
EFFECTIVE DATE: June 16, 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.
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
On April 10, 2000, the Copyright Office published a notice in the
Federal Register announcing that the initiation of the 180-day
arbitration period for the distribution of the 1995-98 digital audio
recording technology (``DART'') royalties in the Musical Works Funds
would begin on April 10, 2000. 65 FR 19025 (April 10, 2000). The notice
also announced the two arbitrators selected by the Librarian to serve
on the Copyright Arbitration Royalty Panel (``CARP'') for the
proceeding. In accordance with 17 U.S.C. 802(b), the two arbitrators
selected a third arbitrator to serve as the chairperson of the panel.
However, on May 25, 2000, the third arbitrator resigned from the
position of chairperson out of concern that potential conflicts of
interest, which were not known to the arbitrator at the time of
selection, may exist under Sec. 251.32. Because of these concerns, the
Copyright Office canceled the initial meeting between the parties and
the original panel of arbitrators that had been set for May 16, 2000.
Section 251.6(f) provides that when an arbitrator is unable to
continue to serve on a CARP before the commencement of hearings in a
proceeding, the Librarian ``will suspend the proceeding.'' The notice
published today serves as notice that the proceeding is suspended from
May 16, 2000, to June 16, 2000. The 180-day arbitration period will
resume on June 16, 2000. Section 251.6(f) further provides that if the
resulting vacancy was ``previously occupied by the chairperson, the two
remaining arbitrators shall select, the replacement from the arbitrator
list, and the person chosen shall serve as chairperson.'' Accordingly,
the remaining two arbitrators selected a new chairperson.
Selection of Arbitrators
In accordance with Sec. 251.64 of the CARP rules, the arbitrators
selected for this proceeding are: The Honorable Cheryl I. Niro
(Chairperson), The Honorable John B. Farmakides, The Honorable Harold
Himmelman.
Initiation of the Proceeding
In accordance with Sec. 251.8(a) of the CARP rules, which provides
that a suspended proceeding will resume ``from the time and point at
which it was suspended,'' the 180-day period to determine the
distribution of the 1995-98 digital audio recording technology
(``DART'') royalties in the Musical Works Funds, resumes on June 16,
2000. Thus, the 180-day period arbitration period recommences on June
16, 2000, and the arbitrators shall file their written report with the
Librarian of Congress by November 13, 2000, in accordance with
Sec. 251.53 of 37 CFR.
A meeting between the participants in the distribution proceeding
and the arbitrators shall take place on Monday, June 19, 2000, at 1
p.m. at the Library of Congress, James Madison Building, LM-414, First
and Independence Avenue, SE, Washington, DC, to discuss the hearing
schedule and any other procedural matters. The meeting is open to the
public. 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: June 9, 2000.
David O. Carson,
General Counsel.
[FR Doc. 00-14976 Filed 6-13-00; 8:45 am]
BILLING CODE 1410-33-M
*[corrected text]