[Federal Register: April 30, 2004 (Volume 69, Number 84)]
[Notices]
[Page 23821-23822]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap04-109]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2000-2 CARP CD 93-97]
Distribution of 1993, 1994, 1995, 1996 and 1997 Cable Royalty
Funds
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of termination of proceeding.
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SUMMARY: The Librarian of Congress is announcing the vacatur of his
Order rejecting the initial and revised reports
[[Page 23822]]
of the Copyright Arbitration Royalty Panel (``CARP'') in the Phase II
proceeding to determine the distribution of 1997 cable royalty funds in
the syndicated programming category. The Librarian's Order as well as
the initial and revised CARP reports are being vacated as moot because
the parties have resolved their dispute.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
William J. Roberts, Jr., Senior Attorney for Compulsory Licenses, P.O.
Box 70977, Southwest Station, Washington, DC 20024, Telephone: (202)
707-8380. Telefax: (202) 252-3423.
SUPPLEMENTARY INFORMATION: On October 17, 2000, the Librarian of
Congress convened a Copyright Arbitration Royalty Panel (``CARP'') to
resolve a dispute within the syndicated programming category between
the Motion Picture Association of America (``MPAA'') and the
Independent Producers Group (``IPG'') over the division of royalties
collected in 1997 pursuant to 17 U.S.C. 111 for the retransmission of
movies and syndicated television series by cable systems. 65 FR 60690
(October 12, 2000). At the conclusion of the six-month arbitration
period, the CARP delivered to the Librarian its initial report setting
forth its determination of the distribution of the 1997 cable royalty
funds. Because of flaws in the CARP's decision, the Librarian, upon the
recommendation of the Register of Copyrights, rejected the initial
report and remanded the case to the CARP with instructions to alter the
allocation of royalties and to explain its decisionmaking process. See
Order in Docket No. 2000-2 CARP 93-97 (dated June 5, 2001). On June 20,
2001, the CARP delivered its revised report. On December 26, 2001, the
Librarian issued an order identifying numerous flaws in the CARP's
determination as well as in the cases presented by both IPG and MPAA.
Because of these flaws, the Librarian concluded that no determination
of the distribution of the 1997 cable royalties could be made based on
the record presented to the CARP. Accordingly, he rejected the CARP's
initial and revised reports and remanded the matter for a new
proceeding before a new CARP. 66 FR 66433 (December 26, 2001).
MPAA and IPG each appealed the Librarian's decision to the United
States Court of Appeals for the District of Columbia Circuit. Motion
Picture Association of America v. Librarian of Congress, No. 02-1033;
Independent Producers Group v. Librarian of Congress, No. 02-1040.
However, they have recently settled the dispute. As part of the
settlement, it was agreed that the Librarian's December 26, 2001, Order
would be vacated. On April 21, 2004, the Court of Appeals dismissed the
appeals. In order to facilitate the settlement, the Librarian issued an
order vacating as moot the December 26, 2001, Order as well as the CARP
reports of April 16, 2001, and June 20, 2001.
The text of the Order reads as follows:
Recommendation and Order
On December 26, 2001, the Library published an Order announcing
the Librarian of Congress's decision to reject the initial and
revised reports of the Copyright Arbitration Royalty Panel
(``CARP'') in this Phase II proceeding in the syndicated programming
category for distribution of the 1997 cable royalty funds. The Order
identified a number of flaws in the cases presented by both IPG and
MPAA and in the determination made by the Copyright Arbitration
Royalty Panel (``CARP''), and concluded that a distribution of
royalties could not be made based on the current record.
Accordingly, the Librarian remanded the matter for a new proceeding
before a new CARP. Order, 66 FR 66433 (Dec. 26, 2001).
Both parties, Independent Producers Group (``IPG'') and The
Motion Picture Association of America, Inc. (``MPAA'') petitioned
the United States Court of Appeals for the District of Columbia
Circuit to review the Librarian's determination. Motion Picture
Association of America v. Librarian of Congress, No. 02-1033;
Independent Producers Group v. Librarian of Congress, 02-1040.
The parties have now settled this dispute, making a remand for
new proceedings unnecessary and making it possible to distribute the
remaining funds that were in dispute. As part of the settlement, it
has been agreed that the December 26, 2001 Order shall be vacated.
Because the parties have settled their dispute, and therefore
there is no reason to remand the matter for further proceedings
before a new CARP, the Register recommends that the December 26,
2001 Order be vacated as moot. Further, in light of the flaws in the
determination made by the CARP as identified in the December 26,
2001 Order, the CARP's initial and final determinations should also
be vacated, to make clear that those determinations have no
precedential value. The recommendation that the December 26, 2001
Order be vacated is made in order to facilitate the settlement and
because the matter is now moot; this recommendation should not be
construed as a repudiation of the reasoning in the December 26, 2001
Recommendation and Order.
Order of the Librarian
Having duly considered the recommendation of the Register of
Copyrights the Librarian accepts the recommendation in its entirety
and orders that the December 26, 2001 Order, the April 16, 2001
initial Report of the CARP, and the June 20, 2001 revised Report of
the CARP are hereby VACATED as moot.
In accordance with the Librarian's Order, this proceeding has been
terminated.
Dated: April 27, 2004.
David O. Carson,
General Counsel.
[FR Doc. 04-9834 Filed 4-29-04; 8:45 am]
BILLING CODE 1410-33-P