Copyright Royalty Board News, Issue 128

CRB Logo

 

October 19, 2015

Issue 128

COPYRIGHT ROYALTY JUDGES ANNOUNCE ADDITIONAL BRIEFING ON NOVEL QUESTION OF SUBSTANTIVE LAW IN WEBCASTER IV

On September 11, 2015, in the context of the Web IV rate-setting proceeding for webcasters, the Copyright Royalty Judges issued an order referring a novel material question of substantive law to the Register of Copyrights. The question is whether section 114 of the Copyright Act, or any other applicable provision of it, prohibits the judges from setting rates and terms that distinguish among different types or categories of licensors, assuming a factual basis in the evidentiary record before the judges demonstrates such a distinction in the marketplace. Initial briefs addressing this question were due on October 2, and responsive briefs were due on October 9. On October 14, 2015, the Register of Copyrights invited participants in the proceeding, as well as other interested parties not participating in the proceeding, to file briefs on three additional questions. The initial and response briefs and the Register’s order containing the additional questions and instructions for submitting supplemental briefs are posted on the Copyright Office’s website at http://copyright.gov/rulemaking/web-iv/. Supplemental briefs are due no later than October 26, 2015. For more information, go to http://www.loc.gov/crb/.

*********************************************************

*CALENDAR*

October 26, 2015: Due date for supplemental briefs in Web IV proceeding.

January 1, 2016: Effective date for rates for digital performance of sound recordings by new subscription services for period from January 1, 2016, through December 31, 2020 (80 FR 36927).

January 1, 2016: Effective date for rates for digital performance of sound recordings by certain noncommercial educational webcasters for period from January 1, 2016, through December 31, 2020 (80 FR 58201).

January 1, 2016: Effective date for rates for digital performance of sound recordings by certain public radio stations for the period from January 1, 2016, through December 31, 2020 (80 FR 59588).

*********************************************************

To password-protect your list of subscriptions, change your email address or delivery preference, or remove yourself from this service, go to your User Profile. Make sure to save your changes, and look for email confirmation of the updates you request.