Copyright Royalty Board News, Issue 251

July 6, 2020
Issue 251

Copyright Royalty Judges Announce CARES Act Tolling of Webcasting Determination Due Date

On May 1, 2020, the Copyright Royalty Judges granted a joint motion of the participants in the pending webcasting rate-setting proceeding (Docket No. 19-CRB-0005-WR (2021-2025)) (Web V) to postpone commencement of the evidentiary hearing, which was originally scheduled to begin on March 16, 2020, to July 27, 2020. The Judges approved the participants’ request in light of the Library’s COVID-related cancellation of all public events until July 1, 2020 (the Library has since extended that cancellation until September 1, 2020). On June 10, the Judges adjusted the commencement date to July 20, 2020. Due to the four-month postponement of the hearing, the Judges have determined that issuance of their initial determination, which, pursuant to 17 USC 803(c), is due not later than December 16, 2020, would be impracticable. As a result, the Judges requested that the Acting Register toll, for 120 days, the due date of the initial determination. Given the scope and severity of the COVID pandemic and its commensurate disruption of the Web V proceeding, the Acting Register has determined that tolling the due date of the initial determination is necessary and appropriate. Therefore, the Judges’ initial determination is now due no later than April 15, 2021. Notwithstanding the tolling of the due date of the Web V determination, the effective dates of any rates and terms that the Judges adopt in Web V shall continue to be governed by section 803(d)(2) of the Copyright Act.

 

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*CALENDAR*

July 6, 2020: Petitions to participate and filing fees due for parties wishing to participate in the proceeding to adjust the rates for the cable statutory license described in section 111 of the Copyright Act. (85 FR 34467).

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