[Federal Register: May 16, 1994]



Copyright Office
[Docket No. 94-2A CARP DD]

1992 and 1993 Digital Audio Recording Royalty Funds; Motions and 

AGENCY: Copyright Office, Library of Congress.

ACTION: Notice of time period to file motions and objections.


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, 
    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]