1992 and 1993 Digital Audio Recording Royalty Funds; Motions and Objections

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