[Federal Register: September 17, 1997 (Volume 62, Number 180)]
[Notices]               
[Page 48894-48895]
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LIBRARY OF CONGRESS

Copyright Office
[Docket No. 97-2 CARP CD 95]

 
Ascertainment of Controversy for 1995 Cable Royalty Funds

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice with request for comments.

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SUMMARY: The Copyright Office of the Library of Congress directs all 
claimants to royalty fees collected for secondary transmission by cable 
systems in 1995 to submit comments as to whether a Phase I or a Phase 
II controversy exists as to the distribution of these funds.

DATES: Comments are due October 17, 1997.

ADDRESSES: If sent by mail, an original and five copies of written 
comments and a Notice of Intent to Participate should be addressed to: 
Copyright Arbitration Royalty Panel (CARP), P.O. Box 70977, Southwest 
Station, Washington, D.C. 20024. If hand-delivered, an original and 
five copies of written comments and a Notice of Intent to Participate 
should be brought to: Office of the Copyright General Counsel, James 
Madison Memorial Building, Room 407, First and Independence Avenue, 
S.E., Washington, D.C. 20540.

FOR FURTHER INFORMATION CONTACT: William Roberts, Senior Attorney, or 
Tanya M. Sandros, Attorney Advisor, Copyright Arbitration Royalty 
Panels, P.O. Box 70977, Southwest Station, Washington, D.C. 20024. 
Telephone: (202) 707-8380. Telefax: (202) 707-8366.

SUPPLEMENTARY INFORMATION: Each year, cable systems submit royalties to 
the U.S. Copyright Office under a statutory license which allows cable 
systems to retransmit broadcast signals to their subscribers. 17 U.S.C. 
111. These royalties are, in turn, distributed in one of two ways to 
copyright owners whose work was included in a cable system's secondary 
transmission of these signals and who filed timely a claim with the 
Copyright Office. The copyright owners may either negotiate a 
settlement agreement amongst themselves as to the distribution of the 
royalty fees, or the

[[Page 48895]]

Librarian of Congress may convene an ad hoc Copyright Arbitration 
Royalty Panel (CARP) to determine the distribution of the royalty fees 
which remain in controversy. See 17 U.S.C. chapter 8.
    Before commencing a distribution proceeding, however, the Librarian 
of Congress must first ascertain whether a controversy exists as to the 
distribution of the funds. 17 U.S.C. 803(c). Therefore, the Copyright 
Office is requesting comment on the existence of any controversies as 
to the distribution of the 1995 cable royalties.
    The Office also requests that those claimants intending to 
participate in the 1995 distribution proceeding file a Notice of Intent 
to Participate, noting whether they anticipate participating in a Phase 
I proceeding, a Phase II proceeding, or both. Failure to file a timely 
Notice of Intent to Participate shall preclude a party from 
participating in this proceeding.
    In a Phase I proceeding, the arbitrators ascertain the distribution 
of royalties among the categories of broadcast programming represented 
in the proceeding, and in a Phase II proceeding, the arbitrators settle 
disputes between claimants within a particular category concerning the 
distribution of royalty fees within the group. If a claimant 
anticipates a Phase II controversy, the claimant must state each 
program category in which he or she has an interest which by the end of 
the comment period has not yet been satisfied by private agreement.
    Participants must advise the Office of the existence of all 
controversies, Phase I or Phase II, by the end of the comment period. 
The Office will not consider controversies which come to its attention 
after the close of the comment period.

    Dated: September 12, 1997.
Nanette Petruzzelli,
Acting General Counsel.
[FR Doc. 97-24653 Filed 9-16-97; 8:45 am]
BILLING CODE 1410-33-U

(10/14/97)