[Federal Register: May 16, 1994]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 94-2A CARP DD]
1992 and 1993 Digital Audio Recording Royalty Funds; Motions and
Objections
AGENCY: Copyright Office, Library of Congress.
ACTION: Notice of time period to file motions and objections.
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SUMMARY: The Copyright Office is giving notice to the claimants to the
1992 and 1993 Digital Audio Recording Royalty Funds of the commencement
of a 30-day period to file any precontroversy motions or objections.
This includes any objections for cause to the arbitrators nominated by
various professional arbitration associations.
DATES: Any motions or objections are due June 15, 1994.
ADDRESSES: If sent by mail, an original and five copies should be
addressed to: Copyright Arbitration Royalty Panel (CARP), P.O. Box
70977, Southwest Station, Washington, DC 20024. If hand delivered, an
original and five copies should be brought to: Office of the General
Counsel, Copyright Office, room LM-407, James Madison Memorial
Building, 101 Independence Avenue, SE, Washington, DC 20540.
FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Acting General
Counsel, U.S. Copyright Office, Library of Congress, Washington, DC
20540. Telephone (202) 707-8380.
SUPPLEMENTARY INFORMATION: On May 9, 1994, the Copyright Office of the
Library of Congress published in the Federal Register the interim
regulations that govern the distribution and ratemaking proceedings
conducted by the Copyright Arbitration Royalty Panels (CARP), as
specified by the Copyright Royalty Tribunal Reform Act of 1993. 59 FR
23964 (May 9, 1994).
Section 251.45 of these interim regulations provides that, before
the initiation of any CARP royalty distribution proceeding, the
Librarian of Congress will ``designate a 30-day period in which any
party to the proceeding may file with the Librarian of Congress
objections to, or motions to dismiss, any party's royalty claim, or
motions for declaratory rulings, or for procedural or evidentiary
rulings, on any proper ground.''
At the same time, Sec. 251.4 of the CARP rules provides that,
during this same 30-day period, ``any party to the proceeding may * * *
file an objection with the Librarian of Congress to one or more of the
persons contained on the arbitrator list for the proceeding. Such
objection shall plainly state the grounds and reasons for each person
claimed to be objectionable.''
We are currently anticipating that a CARP proceeding may be
required for the distribution of 1992 and 1993 digital audio recording
royalties (DART). On March 1, 1994, we published in the Federal
Register a notice asking the claimants to those two funds whether any
controversies exist, and requested their filing of a notice of
intention to participate. We stated that, if controversies do exist, we
would initiate the proceeding on June 30, 1994. 59 FR 9773 (Mar. 1,
1994).
Precontroversy motion and objection period for 1992 and 1993 DART.
Therefore, by this Notice, we are establishing the 30-day
precontroversy period called for by Secs. 251.4 and 251.45 for the
filing of precontroversy motions and objections, and for the filing of
objections to the list of arbitrators nominated by professional
arbitration association. The precontroversy motion and objection period
begins today and ends June 15, 1994.
The list of nominated arbitrators was published in the Federal
Register on May 12, 1994, and is available, with accompanying
supporting materials, by contacting the Office of the General Counsel,
Copyright Office. 59 FR 23964 (May, 9, 1994).
Other matters. In our March 1, 1994, notice, we asked whether the
claimants wanted to file a motion for consolidation of the 1992 and
1993 DART distribution proceedings. We requested comments by June 10,
1994. Although a motion for consolidation is typical of the types of
motions for which the 30-day precontroversy period (ending on June 15,
1994) is designed, we have already set the deadline for the motion for
consolidation as June 10, 1994, and we are not changing that slightly
earlier deadline by our action today.
Handling of precontroversy motions and objections. For any
precontroversy motion or objection, the Librarian of Congress has
discretion either to rule on it or to refer it to the CARP panel. See,
Sec. 251.45(b). As explained in our preamble to the interim CARP
regulations issued on May 9, 1994, we have decided that, unlike the
situation with respect to precontroversy motions and objections, there
is no practical way to allow for precontroversy discovery under the
statute. Thus, any motion that is in the nature of precontroversy
discovery will be referred by the Librarian to the CARP panel to be
handled during the controversy. See, 59 FR 23964, 23977 (May 9, 1994).
For any objection to one or more listed arbitrators, the Librarian
will take into account the objection as part of the entire
consideration of each nominee at the time he is required to select two
arbitrators for the proceeding. The mere filing of an objection will
not, in and of itself disqualify an arbitrator or, without supporting
reasons, diminish the person's chances of being selected. As we have
said earlier, peremptory challenges will not be allowed, and all
objections must be fully substantiated. See, 59 FR 2550, 2552 (Jan. 18,
1994); 59 FR 23964, 23969 (May 9, 1994).
Dated: May 9, 1994.
Barbara Ringer,
Acting Register of Copyrights.
Approved by:
James H. Billington,
The Librarian of Congress.
[FR Doc. 94-11858 Filed 5-13-94; 8:45 am]
BILLING CODE 1410-09-P